Jump to content


Marlin/? claimform - Old Black Horse Secured Loan


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2025 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Weve had a telephone call from Blackhorse today to say we can cancel our PPI but our repayments on the loan wont go down due to a previous claim we made.

 

Is this correct???

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

Link to post
Share on other sites

  • Replies 179
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Can anyone advise please?

 

My work status has changed, Im now self eployed and the insurance would only cover my wife not me, the loan is secured and in joint names.

 

Ive asked for written clarification and the T&C booklet

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

Link to post
Share on other sites

  • 4 weeks later...

Hi

 

 

we have a secured loan through Blackhorse and have recently asked for a settlement figure as we have put our house on the market,

the written responce was for in excess of £20k, when we signed the agreement there was a section setting out

'what would be repaid if the loan was repaid within a quater, a half and three quaters'.

 

We are currently 4years into a 10 year agreement and the figures shown in the agreement for a quater way through, add up to around £14k

Thats a big difference to £20k+(written settlement).

 

I note the section in the loan agreement small print states this is for illustration purposes only but £6k seems a large difference. Is this right/legal?

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

Link to post
Share on other sites

  • 2 weeks later...
Can anyone advise please?

 

My work status has changed, Im now self eployed and the insurance would only cover my wife not me, the loan is secured and in joint names.

 

Ive asked for written clarification and the T&C booklet

 

Hadituptohere

 

I believe you are being stitched up by black horse.

 

Firstly send a Subject Access Request and ask for all the information they hold on you as a data subject. The Fee is a statutory £10 send payment by postal order as you can ascertain when it was cashed via the post office.

 

In the SAR and here are a couple of links...

 

Data Protection Act 1998 - Subject Access Request

 

Full SAR for ppi

 

You should ask for this information in your request...

 

You can be specific with what data you request although the Subject Access Request is really asking for everything. The Statutory fee is £10.00 Postal Order is fine but keep the details of the number for future reference. The post office will be able to confirm when it was encashed (just call 01246 542091 they will even send written confirmation if you request it) Send all correspondence by at least recorded to be signed for so you can track delivery through Royal Mail

 

You should request the following documents:

 

A true copy of your Consumer Credit Agreement with the Terms and Conditions that were applicable at the time you took the loan/card/mortgage.

 

A ‘demands and needs’ questionnaire.

 

Copies of all statements applicable to the loan/card/mortgage.

 

Copies of all correspondence that apply to you as a data subject ie letters, emails, faxes etc.

 

Copies of all recorded telephone calls or transcripts of the recordings.

 

Copies of any notes made by bank/loan company staff in their dealings with you as a data subject.

 

Do not be fobbed off by them citing issues such as relevant filing systems.

 

If they have any records/data on you as a data subject and it is held under your name, address, post code, account number/s or any other system where the data is identifiable to you then it is a relevant filing system. Even if it is a specific serial number on microfiche records and the serial number is applicable to you.

 

Whatever you do. Do not accept what you are told by the banks as being accurate. Do your own research and claim.

 

I have recovered over £23k in mis-sold PPI so stick with it. Investigate, research and claim ;)

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

Link to post
Share on other sites

Taken from the FSA guidance

 

Claims and their impact on redress

3.11 Where the firm finds that the consumer would not have bought any PPI policy, but

the firm has previously paid out on one or more claims on the policy, the firm may

deduct the value of those claims from the redress it pays the consumer.

 

So it is saying were a claim has been paid out, the redress should be calculated in the same way but any claim paid out would be deducted from the redress.

 

You can find the FSA Full findings here

 

http://www.fsa.gov.uk/pubs/cp/cp09_23.pdf

 

Hope this helps you.

 

Regards

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

Hi Alanalana and Pompeyfaith

 

Ive already done the SAR request as advised above after id posted on here, they have sent the terms and conditions of the ppi and it states

 

' after the first 30 days if you cancellthe policy before its normal expiry, or if you settle your credit agreement (or terminate) early, you may be entitled to a refund of part of the premium provided no benefits have been paid under your policy'

 

dont know where this leaves us????

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

Link to post
Share on other sites

while those T&C's may stand if the policy was cancelled they do not if it was missold have a read of the sticky "NOTES FOR CLAIMANTS" at the top of the ppi forum ill bet that you were missold this policy many lloyds/blackhorse policies were ill be back this evening with further advice PF

  • Haha 1

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

For sure the policy was mis-sold as im sure the whole loan was, it was arranged over the phone after an enquiry, without proper consultation the agreement was sent in the post for us to sign and return to the local branch, thanks

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

Link to post
Share on other sites

Greetings Hadituptohere,

 

Then the T&C's mean nothing as you can go down the mis-selling route.

 

What exactly did they supply in response to your S.A.R letter.

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

Hi pompeyfaith

 

the info provided was copies of late payment notices, Consumer Credit Agreement, terms and conditions that were on the reverse, consumer customer profile, diary archive also they state 'although not covered under the provisions of the DPA I have enclosed copies of the relevant Payment Protection Policy, terms and conditions and policy summary'

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

Link to post
Share on other sites

Ok great is this loan paid up or ongoing?

 

Sorry for all the question but they are needed to work out a course of action.

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

Its ok for the questions, appreciate the help

 

The loan is ongoing, we have already tried to cancel the insurance but it was glossed over by blackhorse

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

Link to post
Share on other sites

Right as you have all the information required via the S.A.R you can go straight to the next step.

 

Send a letter recorded or special delivery requesting it back state your reasons it was mis-sold.

 

You will need to calculate what they owe you, their are calculators in the stickys that will assist you with this.

 

There is a court judgement here for black horse regarding PPI which You will find useful to get info from:

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/256046-wollerton-blackhorse-finance.html

 

Any questions just post here.

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

Hi guys

 

Blackhorse have now issued default notices for the loan and a seperate one for the PPI, this is after two requests to cancel the PPI

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

Link to post
Share on other sites

will they ever learn they cannot default a disputed account on my phone at the moment but i will be on my pc with the answer 4 you right after the election debate

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

Ok back to my PC now, mobile phone internet is painfully slow to type lol.

 

Right as I said above they should not be doing this, it is against OFT guidance and the FSA findings only yesterday the FSA warned the banking industry about the way they handled complaints and said stiff penalties would follow and lloyds/blackhouse is one of the biggest offenders.

 

Read this:

 

FSA takes tough action against poor complaint handling in banks

 

So you need to write to blackhorse and tell them that as the account is disputed due to missold PPI they have no right defaulting the account and that you will be writing to the FSA informing them of your actions.

 

You can also quote the link above so they know exactly where they stand.

 

PF

  • Haha 1

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

Thankyou Pompeyfaith for your reply, to be honest with what I have just read on Dodgy DN issues im kinda hoping they terminate ;)

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

Link to post
Share on other sites

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

Well that does usually follow and then depending on the size of the alleged debt they ether start court proceedings or sell it to a dca.

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

If they start court proceedings you have a good defence and grounds to counter claim for the PPI and any charges levied.

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

Thanks again the loan and PPI around £30k with interest.....

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

Link to post
Share on other sites

Can someone plz check this default notice for validity, it was sent in the envelope show, they sent two with identical dates, one for the loan one for the PPI. I wasnt sure as its Bank holiday on Monday and wasnt sure on service?

 

Hadituptohere

Edited by Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

Link to post
Share on other sites

Queen's bench rules apply no matter what service they use and it wasn't sent 1st Class.

 

The 24 and 25 April don't count as they are a weekend. So it is deemed to have been posted on the 26th. The earliest you could have received it 2nd Class would be the 30th, 4 days after postage, which is the date of service. Then it is 14 straight days after the date of service, no matter what kind of days they are. So they are out by 1 day - they should have given you until the 14th. Like all companies, they forgot or don't know about the weekend not counting under the Practice Direction for postage.

 

Now sit on your hands and ignore them until they terminate.:D

Link to post
Share on other sites

Thankyou for clarifying that pinky... will wait and see there next move ;)

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

Link to post
Share on other sites

  • 3 weeks later...

Backhorse have now sent a letter stating that our PPI has been canceled, our new payments are 98 X 210.00pm, our loan agreement clearly shows that without the PPI the amount should be 180.00 and were 58 months into a 120 month agreement, where do they get the extra 36 months payments from?

 

Hadituptohere

Edited by Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...