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Everything posted by zoemk10

  1. PS I do want to pay this debt but I just feel Ascent are trying to trick me into something which leaves me powerless!!
  2. Hi Need some advice on the above before I commit to something I cant get out of! I will try and keep this brief! Debt with Black Horse which defaulted back in 2008/2009 (default not applied to credit file, just arrears showing) Paid reduced payments till Nov 2012 but had been out of work since Jan 2012 due to redundancy and was struggling to keep up. Also at this point noticed that despite paying £100 per month they were applying 80-90 of interest and charges per month and so debt had not reduce by hardly anything! Sent SAR in Nov 2012, they replied Jan 2013. I then did all the calculations and asked for charges and interested to be refunded under hardship laws. They didn't reply. Sent another letter in April and again no response. In July I checked my credit file and noted that in Jan they had applied a default and also obtained a CCJ at my previous address- obviously I did not receive any paperwork. Since then have been trying to get them to admit error and remove CCJ and also mark default correctly, i.e. I default in 2008 not 2013! Took this up with FOS who took 3 months to tell me I would need to ask the court to intervene! So now finally Ascent legal have admitted they made a mistake and sent paperwork to previous address even though they had my current address on file since Nov 2012. They have said they will set aside the CCJ if I agree to a tomlin order. However they say I will have to sort default issue directly with black horse and also I want to negotiate a lower figure for the order to reflect the charges etc. What I want to know is; should I agree to Tomlin order or just apply to court myself? Should I only agree if they agree to also sort default and lower settlement figure? Is there anything else I should do? Also, if they agree to these things but then don't do them and are therefore in breech of order is there anything I can actually do? Sorry that wasn't very brief! Appreciate any help:) x
  3. I had a loan from Black Horse back in 2007, I got in to difficulty pretty quickly as my bonus got unexpectably cut. I made an arrangement and kept this up until I was made redundant in May 2009. Since then on and off I have been making payments. My account was passed to Ascent early 2012 and I made an arrangement to pay £50.00 per month. At this time I had once again been made redundant and was living off my redundancy. I managed to keep this up until Nov 2012 when the money ran out. I had a conversation with Ascent where i assertained that my £50 was being swalled by at least £80.00 worth of charges and interest per month. On Nov 23rd I wrote to black Horse and made a subject to access request. I wanted to see if I could get some of the charges back and the interest frozen. They responded on jan 16th. It took a while to get all the info together and I had just started a new job I responded on Feb 10th asking them to refund charges which I'd calculated and freeze interest. I also included income/expenditure details and offered a token payment of £10 per month until I was back on my feet. I did not receive a response to this letter, it was sent recorded. April 7th I sent another letter and inc a copy of my Feb letter and again no response. 3 weeks ago I signed up with noodle and checked my credit file- Black Horse or rather Ascent have issued a defualt notice and a CCJ at my previous address, this was done on Jan 31st even though they had my new address in November but I think even earlier than that. I contacted Ascent and they said they werent sure why it had happened and they would look into and call me within the week, 2 weeks passed and nothing I called them, they said they would called me back in ten minutes after a week nothing today I called again. Took ages to get through and then the person on the phone said 'would it be ok to call you back' and I said actually no way! v v long convo which went nowhere. Manager called me this evening and all she is saying is they will set aside CCJ on previous address and reissue on my current address. This isnt acceptable to me for the following reasons: - They had my current address and had written to me so why did they sent to previous address? She tried to say they're allowed to send to my last known address but that wasnt my last known address - I could not off a defence because of course I did not receive the paper work - I was waiting for a response from Black Horse, which I still have not received, it was not as if I was ignoring the matter. BH also sent Ascent my february letter but neither responded - I dispute the default being dated 2013 because this account actually defaulted in 2008/2009. The fact that Black Horse chose not to apply the default at that time is not my fault. Furthermore I did not receive the default notice as this was also sent to my previous address - Ascent are trying to say it doesnt matter because the fact remains I havent made a payment since Nov I have been writing to BH and they have been ignoring my letters. I did make an offer of a token payment and if this was not acceptable they could've come back and discussed. I think Ascent have sent the paperwork to my previous address on purpose. I need to try and sort this out! Next year apart from this I am clear!!! I cant start this 6 year sentance again. Please help!
  4. Anyone one this? I'm looking for a template to claim back charges and interest on my loan(s)- thanks
  5. Hi Will be as comprehensive as I can: Black Horse, borrowed £6000 in July 2008 over 60 month period. Struggled by December 08 as work in sales and badly hit by recession, (not earning commisions) and then made redundant in May 2009. During this time I continued to make payment on this account, although redunced ones and some months missed. Have pretty much contined with reduced payments throughout the life of agreement. Currently held by Ascent but not in Default (sort of wish it was!) Experian just states it 6 payments behind. Not sure how much I have paid but can work out. I have just received full SAR info and in interest and charges I have paid £4006.38- my balance is £6736.78. Welcome, Havent received SAR info yet but they have cashed cheque and acknowledge my letter. I took out one loan years ago, got into difficulty and they offered to re write the loan at lower payments. Have been paying since 2007/8 borrowed 3k and have paid on avarage £80 per month. Owe close to 3k still. Have had periods of non payment due to redundancy. Hope thats enough background. I would like to say this is genuine hardship. Last year in Jan 12 I was made redundant again! I didnt find another job until Nov 12 and I took a 15k pay cut!!! I barely have enough money to eat.... looking for better paid role but not hopeful. Any help massively appreciated.
  6. Hi I have just received SAR info from 2 loan providers and I want to apply to have the interest and charges refunded under the hardship rules. I cannot find templates or the process any where- can someone please help? Thanks
  7. One more question: does anyone have the address of the data controller for Welcome or know where I could find?
  8. Brilliant thanks. I will send this today.
  9. Hi I dont have either of these things. Should I write and request them and if so what's the process? They dont ever seem to reply to letters. Thanks
  10. Hi A few years ago I took out a small loan via Welcome. I got slightly behind but a year ago I increase my payments to £90 per month, which is £11 over contracted payment. However according to Welcome I am still in arrears. I havent worked since begining made redundant in Jan but I have managed to maintain payments until last month. I have now secured a new job but am taking at massive 12.5 pay cut so I offered Welcome 2 options: £1000 in full and final settlement which I will have when I sell my car or £45.00 a month. They refused the £1000. They now say they wont accept the £45.00 as the interest on my account is £39.00 a month! and they say if I have the £1000 I must give it to them and reduce my balance. I have told them to basically get lost. But I need to sort something. This debt is never ending, I just cant see myself paying it off anytime soon. What are my options? I didnt take PPI so no claim there. Can I ask them to freeze interest? They have already applied a default, (despite an arrangement to pay), I want to avoid a CCJ as in 2 years my credit will have improved significantly for me to start over. They dont seem to respond to written correspondance and call me about 5 times a day!
  11. Hi Not sure if this is correct forum however help needed, please! Earlier this yr my son who's 18 got into an argument with his girlfriend in the street, he claims she attacked him And he defended himself, he did have cuts to his face etc. A passer by saw this & contacted the police, he was arrested & charged with common assault! She with nothing. She gave a statement which she later withdrew & yesterday she didn't show up in court but the witness did & he was found guilty of the offence. Since it happened she has refused to leave him alone, begging him to come back, threatening him but none of this counts. He's just finished college, he doesn't have a job apart from a day here & there with his dad. He's not claiming any benefits but they gave him an £860 fine!! He has no means of paying this. They have told him to sign on which seems outrageous as they will effectively pay their own fine & we don't want him to. Is anything we can do to get this reduced? Any advice much appreciated.
  12. Jackieandwayne- thank you & yes I will hang on to until ordered not to by a judge! Wishing you luck with your case & well done for be brave enough to stand up to a bully x John- Im hoping it might help! We will see. One question: op states she cannot talk about her case, it's never occurred to me that I should not talk about this on here. Am I doing wrong? I'm not naming them but should I change my user name to something less conspicuous? Thanks x
  13. *Update* Thanks for all the advice so far, very much appreciated. I have had a meeting with my solicitor and he has advised that in his opinion because the emails were in the bundle and had been numbered as if they were meant to be there he feels privilege no longer exists. He advises that I have no duty of care to them and I'm not responsible for helping them to put right their error. So An email has gone back stating that in our opinion privilege no longer applies, reasons as above and that the documents should remain in the bundle. We go on to say if they disagree then we will leave it up to the tribunal to decide on the morning of the hearing. I will let you know what they say!!!
  14. This is all very confusing. Which I guess they are reliant upon- my lack of legal knowledge. The bundle Inc these emails was sent to me by the solicitors not the respondent and so unless the respondent prepared the bundle & included these items they have not waived legal privilege and even of they did I would expect them to argue that part of the solicitors job is to check through the bundle before sending out, they clearly haven't & if I were the respondent I would question what I'm paying them for!
  15. Is a DSAR a subject to access request? Now I've seen the emails I can't just pretend they don't exist howeve reading up on privilege waiver etc I would agree that I'm unlikely to win on that point. I'm trying to do this myself with minimal time from a solicitor to manage costs but I think may need advice on this point. I may call ACAS but I have to say I haven't found them to be very good so far.
  16. The email from the solicitors say they are subject to legal Privilege however I know privilege is lost once the documents are disclosed but I also know that if I am aware that these have been sent by mistake I'm obliged to destroy them. I want to know if i can apply to the tribunal to have them included as theyre now in the public domain. I think I going to have to spend 200 quid & ask my solicitor! It's expensive this suing people business!
  17. I will do. At this point Im not destroying anything. They have made a massive error and are now trying to threaten me with legal jargon but until im 100% sure im doing nothing PLus like I say I have asked for a few things and even though I have said please supply within 7 days etc they have yet to respond. As far as Im concerned it works both ways. Thanks
  18. Hi No I didnt request this information, it has been included in error. I was unaware it existed until I read through the bundle pack. I dont want to give it up without a fight but Im also consious of appearing like a "vextious" claimant. Sending it doesnt show them in the most favourable light however they are of course saying that the fact the client was seeking legal counsel shows how seriously they took the appeal- er no it shows how keen they were to cover their own ars*s. It does show that I really had no chance and that is obvious piviotal to my case. I wonder if I can approach the tribunal and ask for it to be included?
  19. Unfortunately I have alerted the other party to the fact that emails are in my possesion. I did this because if they were to be included in the bundle then I needed to disclosure possession. It appears to me that they havent even read the bundle pack properly. They have now responded and said that I MUST destroy the documents and imform them of such. I havent yet as they drag their heals on everything I ask for. I have had look at legal privilege and it does seem that I do need to honour their instructions however if anyone knows otherwise please let me know! Thank you.
  20. Update- apparently the emails are subject to " legal privilege" and I'm told to destroy and disregard. I guess I just have to comply with this?
  21. Ah shock- yes it is a little shocking but their behaviour throughout has been fairly shocking. Bank fodder- the emails refer to the appeal that happened after I was made redundant. The appeal was denied, in the sense that they didn't change their decision and therefore I am now taking them to tribunal. However I would like to know if I can now challenge them on the fairness of their appeal process?
  22. Hi Ibruk I assume included in error as on the contents list for the bundle they're listed as emails between respondent and claimaint which obviously they are not. Also the way they talk about me is in my opinion not the way they would if I was to be in receipt of them. Also the solicitor calls in to question some of the processes they followed and expresses doubts. TY.
  23. Hi I'm in the process of taking my former employer to tribunal for unfair dismissal and have in the last few days received the bundle from their solicitors. Whilst going through this I discovered a series of emails which are conversation between the HR manager and the solicitor. These emails are the day after my appeal meeting and whilst there is nothing "massively incriminating" in the content it’s very clear that the appeal process was over before it began and the decision was never going to alter. These emails have been included in error however I have them now and I want to see if I can use them to my advantage. Should I alert the other party that these emails are in my possession and make them aware of my concerns about the so called "unbiased" appeals procedure? Or should I sit on them until the hearing? I feel like I'm being sneaking but they have treated me so appallingly and they continue to lie about me and whilst I want to just tell the truth and hope justice will prevail, I have feeling that its going to take a little more than that as I cant afford a team of solicitors! Thank you in advance.
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