Can Black Horse bank charges lead to repossession??

Viki1765

Hi Everyone

I'm not sure if this is the right place to post this but I'm in need of any advice you can give me, so please tell me if I'm in the wrong place.

My partner has defaulted on his HP agreement with Black Horse, they have wrote to him telling him his agreement has been terminated and his car will be repossessed and to hand back the keys. This is a complete oversight on his behalf as he believed the agreement was finished but apparently he still owes 1 month plus £600 worth of charges!!

This has now gone to court and we are waiting for a date for the hearing, he has tried ringing to explain it was a mistake but has been told there's nothing he can do and to wait to hear from the court. He has told them the £400 he owes from his agreement will be paid this month but BH are telling him he needs to also pay the £600 charges also, they have said if he doesn't pay the charges the repo could still go ahead, surely this can't be right??? Getting something repossessed because of bank charges??? Please can someone tell me I'm not being stupid and that black horse cannot do this once the agreement is paid in full!

Many thanks for reading any help is greatly appreciated.

Viki

Aquamania

Viki1765 wrote: »

Hi Everyone

I'm not sure if this is the right place to post this but I'm in need of any advice you can give me, so please tell me if I'm in the wrong place.

My partner has defaulted on his HP agreement with Black Horse, they have wrote to him telling him his agreement has been terminated and his car will be repossessed and to hand back the keys. This is a complete oversight on his behalf as he believed the agreement was finished but apparently he still owes 1 month plus £600 worth of charges!!

This has now gone to court and we are waiting for a date for the hearing, he has tried ringing to explain it was a mistake but has been told there's nothing he can do and to wait to hear from the court. He has told them the £400 he owes from his agreement will be paid this month but BH are telling him he needs to also pay the £600 charges also, they have said if he doesn't pay the charges the repo could still go ahead, surely this can't be right??? Getting something repossessed because of bank charges??? Please can someone tell me I'm not being stupid and that black horse cannot do this once the agreement is paid in full!

Many thanks for reading any help is greatly appreciated.

Viki

If it was an oversight, why doesn't he simply pay the money owed?:huh:

He should ask for a breakdown of the £600 charges (it's a lot so there must be lots of letters, default charges, etc) and pay the ones he thinks are due, and then he can go to court and argue the toss on the rest (if there are any and the claimant continues with the court case - my guess is they won't if the remainder is small and the disputed charges are in any way dubious)

dunstonh

A simple oversight doesnt turn into £600 of charges for being upto 1 month late. Plus, a lender does not go to the courts for possession of the vehicle for being upto a month late. There has to be more than this to the story. If you want accurate help and guidance, we need the correct detail. We are not here to judge and we wont know who you are from the posts. So, don't be afraid to say things that may not put your partner in the best of light.

For £600 to be racked up and court action to be proceeding, this must have been going on some time. So, details of timescale is needed. A typical defaulted loan charge would be in the region of £25pm plus interested on the debt continuing. So, £600 in charges alone (what about interest) indicates more to the story. Perhaps the £600 includes late interest? Perhaps it includes the costs of going to court.

Please can someone tell me I'm not being stupid and that black horse cannot do this once the agreement is paid in full!

The agreement has been broken by your partner. So, the lender can apply charges within the terms of the agreement for your partner failing to keep up his end. So, how is the £600 made up. Remember the court is not there to consider if the charges are fair or not. If they have been applied correctly, then your partner is likely to be stuffed.

If you ever have a dispute over an amount, it is usually best to pay it straight away and argue later.

Viki1765

Thanks for your replies...

We are paying the arrears this month I'm just worried about not being able to afford the £600 charges.

The charges are spread over 4 years, black horse charge £60 a time. £30 late payment and £30 collection activity letter. The £600 charges include interest.

The oversight was he "thought" he had made his last payment. The agreement was due to end in October 2013' but because he missed a payment and was on a payment plan black horse extended the agreement for another month which then meant it now would end in November 2013 (which is the payment he missed). Last payment received was 1st November (late) The repo letter was dated 31st December So yes Blackhorse have started court proceedings because of one missed payment

Thanks again
Viki

DevCoder

So the charges relate to previous arrears ?

Viki1765

krisdorey wrote: »

So the charges relate to previous arrears ?

Yes they do

brown1950

Viki1765 wrote: »

Thanks for your replies...

We are paying the arrears this month I'm just worried about not being able to afford the £600 charges.

The charges are spread over 4 years, black horse charge £60 a time. £30 late payment and £30 collection activity letter. The £600 charges include interest.

The oversight was he "thought" he had made his last payment. The agreement was due to end in October 2013' but because he missed a payment and was on a payment plan black horse extended the agreement for another month which then meant it now would end in November 2013 (which is the payment he missed). Last payment received was 1st November (late) The repo letter was dated 31st December So yes Blackhorse have started court proceedings because of one missed payment

Thanks again
Viki

Correct me if i am wrong but Blackhorse (Lloyds Bank) have taken you
to Court for non payment of late payment/Collection letter fee's ? and you have paid all the HP installments (some albeit late ?) Did you get any advance warning from Blackhorse of legal action (ie) Letter before Action?

KennethC

brown1950 wrote: »

Correct me if i am wrong but Blackhorse (Lloyds Bank) have taken you
to Court for non payment of late payment/Collection letter fee's ? and you have paid all the HP installments (some albeit late ?) Did you get any advance warning from Blackhorse of legal action (ie) Letter before Action?

By the look of things, your partner appears to have a history of late payments and it does seem, reading on the surface, that your partner has had several letters, all of which have incurred charges, late payments and added interest.
I suggest that the payments are made to clear the account and your partner thinks twice before taking out another loan, that's if it is possible to get one with that credit history.

Buzby

It doesn't just end with a repossession - the only way to stop this dead if to make the full payment into court which will stop this (this also prevents a CCJ) however his payment defaults will be already on his credit file.

Repossession is done by a third party, and the costs of collection, recovery and sale can result in minimal repayment but more likely, still some money due to BH.