Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default Black Horse Loan from September 2006



    The Backgorund:

    Back in November 2006 I approached Black Horse to borrow some money on a fixed term unsecured loan. Not long after I signed the agreement I found myself splitting with my wife and unemployed. This, as you can imagine casued massive uphelavel especially to my finances. I immediately approached BH to discuss the situation but they werent interested in helping me out until I threatened to either go IVA or Bankrupt. This prompted them to accept a reduced payment on the account.

    The Current:

    I have been paying £20/month using Standing Order until a couple of months ago. Ive not given them a current address but they have found it anyway and immediately sent me a Default Notice. This really annoyed be as I have been sticking to the agreement without missing any of the (reduced) payments. With this I contacted them and asked for a copy of the CCA (see above). I also stopped the SO until the situation gets sorted.

    The Future:

    Now, having read This Thread it seems that the CCA is by and large OK but for the fact it keeps referring to Page 2. I have requested (informally) the CCA on 2 occasions and on both of these times Page 1 was sent to me within a couple of days. So, what should I do next?

    1, Ask Black Horse nicely for a copy of Page 2?
    2, Ask Black Horse to supply a complete copy of the CCA (without mentioning Page 2 explicitly)?
    3, Submit the formal CCA request letter?
    4, Wait for them to pass the file over to an external collection agency and go through the whole merry-go-round with them instead? (Im guessing their collections agency will be less likely to have Page 2 than BH)

    In the meantime, if I happened to ressurect the So and started paying the £20 again where does this leave Black Horse with regards to their collections agency or the previous agreement we had in place? At the moment we have no agreement but by them accepting the payment where do we both stand? This of course assumes they dont return the money to me as there is no agreement to pay that amount.

    Oh yes, when they sent me the CCA they also sent a copy of the DD form with my signatureicon on and a statement of account with lots of 'COLLECTION ACTIVITY FEE' charges attached. These fees are more than what I am paying so by not paying my debt increases slower it seems.

    Help and advice would be gratefully received.


  2. #2
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    Default Re: Black Horse Loan from September 2006

    if thats all they have send then it is only page 4 of 5 so write back and state that due to not recieving the full agreement you now consdier this account in dispute.

    Also if you have all the statments add up the charges and start to reclaim them back

    and I would stop paying until they comply with the cca completely

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  3. #3
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    Default Re: Black Horse Loan from September 2006

    Lloydsicon are far too stupid to take a businesslike approach to anything. You can see from all the media coverage that they have mismanaged their business both at acorporate level and that they personal level as well.

    You have been upfront and honest and try to do with the matter in a moral and straightforward way. They are too blind and greedy to see the good sense in having a dialogue with you.

    Now simply write to them again. Remind them that you still haven't received a copy of the CCA and cease your payments until such time as they can produce the agreement and show you that it is enforceable.

    They only have themselves to blame.

    Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential.
    Please include a link to the post you want me to look at. If you have received a defence, contact me.
    Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

  4. #4
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    Default Re: Black Horse Loan from September 2006

    How does this sound?


    ACCOUNT IN DISPUTE
    Sir or Madam,

    Due to recent communications from yourself I have requested a copy of the Consumer Credit Agreement that governs the loan agreement between myself and your organisation. So far I have yet to receive a full copy of the CCA so until or unless you can provide me with a full copy of the Agreement I have no option but to consider this account in dispute. I am sure you are already well aware of what this means so I will not bother to repeat them. Please be aware that I am fully conversant with the legal aspects of the CCA and will not expect you to continue any processing of my account until you have fully complied with my request.




    Good enough or should I be a bit nicer?




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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE