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xboxer

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  1. Ok I'm posting this away from my main thread as I feel it may be beneficial to others. * Reading through the pdf's on the FOS website shows plenty of examples but none exactly like mine. * I had taken Loan 1 out then 11 months later consolidated it into Loan 2, simple so far! * After 55 payments, with 5 payments left, I consolidated Loan 2 into Loan 3. This is where it gets a little confusing! * The FOS didn't show any examples of multiple consolidations so at first I worked out my SOC wrong. * After a bit of thinking I realised Loan 3 STILL has residual PPI from Loan 1, in my case it was 1.28 % of my Monthly Payments BEFORE PPI. * To work out the residual PPI from Loan 1 on Loan 3 I followed the FOS example of working out residual PPI (EXAMPLE 8 in the FSA PPI booklet) BUT applied it to the LOAN part of Loan 2's settlement figure. * I've included a link to my revised SOC as it probably explains it better than me!!! * http://cid-be0857c5dcb445dd.office.live.com/view.aspx/CAG/SOC%20MULTIPLE%20CONSOLIDATED%20LOANS.xls
  2. I'm actually working on a new one for multiple consolidations!
  3. Morning Fred, that is residual PPI from the previous Loan as it was consolidated as per example 8 of the FSA PPI Handbook.
  4. Well I have the results from the SAR. They are listed here in detail http://www.consumeractiongroup.co.uk/forum/showthread.php?308246-Black-Horse-defaults-and-more
  5. The link in the previous post wasn't working so this one should! http://cid-be0857c5dcb445dd.office.live.com/view.aspx/CAG/MULTIPLE%20LOANS.xls
  6. Right so having got most of my SAR back I'm sorting through the paperwork and have discovered what I feel are irregularities that I will list at the end of the post. * All of the below is information I have gathered from my SAR due to not being aware of this happening at the time. * I had not been in touch with BH at point during this. * My March 05 direct debt payment was missed due to a banking error. It was then tried again a week later and failed. Black Horse then cancelled the direct debt mandate. * No payments or contact from me was being made. * In the second week of May 05 I received a default notice served under S87(1) of the Consumer Credit Act 1974 giving me 11 days from the date of the letter to pay the arrears or BH would exercise there right to reclaim the outstanding amount and interest. I also received a letter saying I owed an additional £25 penalty charge. * Then 2 days later I received ANOTHER default exactly the same as the first asking for the same amount. The only difference was the dates had changed and got another letter telling me about the default charge owed. * Then 6 days later I received YET ANOTHER default exactly the same as the first asking for the same amount. Again the only difference was the dates had changed and got yet another letter telling me about the default charge owed. * Then nothing until October 05 I received my FOURTH default this time asking for about £400 more and again giving me 11 days to pay. Also received a letter stating I now owed £175 in charges. * Then in the second week of November 05 I received a court summons for a hearing in the second week in December 05. * At some point in November 05 my house was repossessed due to the banking error. As stated before this was the first I was aware of anything happening. * As I was not aware of this I did not attend and BH was awarded the amount asked for including costs and penalty fees. * The judgement was for the total amount payable within 7 days. * Then in January 06 BH applied for an interim charging order (again unchallenged) and was awarded this. * At the beginning of February my house was sold but was told I had to wait on the funds due to a charging order being placed upon it. This was the first time I became aware of a problem with BH. * Then in February 06 they wrote to my mortgage company to be paid. My mortgage company asked them for the Final Charging Order. * At the beginning of March 06 the Final Charging Order was granted. * My mortgage company released the amount left over from the sale of my house to me minus the charging order towards the beginning of March 06. * Then in May 06 BH applied to the Land Registry for a Cancellation of Entry. * Right now time for the irregularities: * 1. I received 4 defaults on the account. I thought you could only receive one. The 4th default (October) is the one registered on my credit file. * 2. With the Interim Charging Order in the main body of text where the order is described they have wrote it was awarded in Jan 05 where it actually states elsewhere in the document that it was Jan 06. This has also been stamped by the courts and witnessed by a solicitor!!! * 3. BH waited until May 06 to drop the registered charge even though they were paid in March 06. * 4. The Land Registry actually rejected the application made by BH to remove the entry due to BH putting the wrong address on Form DS1. * 5. The satisfaction date of the CCJ shows May 06 on my credit file but I was told by SCM (BH's solicitors) that the charging order was released in March 06. * So my thinking is with the defaults I should looking at the first one being issued as the one they could legally claim on and should of based all their actions upon? If so then the only reason I can think of by issuing further defaults is to increase the amount they were seeking. * With the additional penalty charges and interest they have charged after the first default/deadline can I claim that back? * Would the Interim Charging Order have still been valid even with the date being wrong? * What kind of recourse can I expect from BH delaying the satisfaction date of the CCJ? * Thanks for staying till the end of this epic post! Lol * All suggestions welcome.
  7. Ok so BH have sent the statement for my first loan (1997) BUT not the cca as promised! I apparently have to send them a letter explaining the problem! I have also worked out what I believe I am owed http://cid-be0857c5dcb445dd.office.l...LE%20LOANS.xls
  8. Ok thanks, I've hopefully got my figures right! http://cid-be0857c5dcb445dd.office.live.com/view.aspx/CAG/MULTIPLE%20LOANS.xls
  9. That's what I thought. With the 1 large payment working out the percentage of PPI on the remaining balance of the loan BEFORE charges and additional interest (FEB 05) as that would be a true reflection of what was owed.The charges, 4 defaults and 7 months of interest I will challange seperately.Or maybe I'm over confusing things lol
  10. Hi ims, It was defaulted In 2005, 3 times in may then once in October! Impossible I know but this is what the paperwork says! The last payment was in Feb of 2005, then I had 7 months of interest and charges added before bh got a ccj and charging order that was then paid in full! All of this went undefended at the time for various reasons. So as you can see I'm having a slight problem working this one out lol
  11. Hi dx, My thinking is as I paid 21 premiums work them out as normal and treat the remainder as I would an early settlement.
  12. Morning all, I thought I would ask this question on a new thread as it will probably be relevant to others. How do you work out how much PPI is to be paid back on a defaulted loan? In my own case I paid 21 payments out of 45. Thanks in advance
  13. Hi donkey, what law do I quote for that? Based on the statement they sent me they have added interest since 2005! So based on what I've paid so far and interest since April 2011, when I first received their NoA, I should only owe them about £20
  14. Morning all, below is crapbot response to my asking for a true copy of my NoA; I understand you are dissatisfied that we provided you with a representation of your Notice of Assignment and you request to receive a true copy of the same. Please be advised, we do not hold a true copy of your Notice of Assignment on our records, therefore we had no alternative than to send you a representation. I can confirm the representation sent to you is sufficient to confirm the assignment of your account to Cabot Financial (Europe) Limited (“Cabot”). Am I right in thinking if they don't have a copy then they couldn't of sent me one? In Which case they can go whistle when it comes to adding interest?
  15. Just shows how much BH are trying to get out of paying, was double checking my first agreement to discover I had a loan with them before that! Phoned them up and they still have it on their system (DEC 1997) and yes PPI! Now why wasn't that included in my SAR? Just waiting for it to be sent now!!!
  16. Morning all, email sent to crapbot this morning; I refer to your email dated 7th April 2011 in which you enclosed a REPRESENTATION of my Notice Of Assignment. Whilst I appreciate the effort made to show me how my Notice Of Assignment MAY have looked, you will understand that I should be shown how it ACTUALLY looks. By this I mean TRUE copies of the Notice Of Assignments NOT representations or reconstructions. I trust I have set out my position clearly.
  17. I did think it was dodgy at the time! So what is my best response to this? Ask for the originals?
  18. Most of what is left to pay is the interest they have added!
  19. Post #31 is the email I got with it DonkeyB:-)
  20. That's why I'm checking about the legality of it.
  21. I'm on it lol Should be ok now
  22. As promised cabot's reply to my NoA request And the properties showing when it was made!
  23. Unfortunately made payments from Feb 10 to Oct 10 but as I said in previous post, I feel as though I had no option.
  24. Think it's their latest tactic, I'll post a copy of mine up later http://www.consumeractiongroup.co.uk/forum/showthread.php?283573-Equidebt-Cabot
  25. Just to check and NOT to hijack this thread but what is the legality of a representation of NoA? Is this a case of cabot pushing it with reconstructed CCA's being allowed? Can the account be put into dispute until a copy of the actual NoA appears?
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