Tanz, thanks to Hell, we have a good base for our POC. I read Hell's thread and she seems to have overall won her case withiout the need for litigation. Somehow, I dont think Blackhorse will be as forthcoming! Please can you elaborate on your case Tanz ie who is it with etc. Cheers. Stan

Thank you Hell. I am going to have a play around with the POC which you posted on Tanz's thread. Will post here when done.

Black Horse Ppi & Unexecuted Agreement Have a look. The second post is a letter containing extracts from FSA Factsheet.

Black Horse Ppi & Unexecuted Agreement I am doing the same Tanz. Think we will have to make up our own poc as Ive not seen it anywhere on the site.

You can claim back penalty charges on anything, bank accounts, loans, mortgages etc.

29th April 2007 LETTER BEFORE COURT ACTION BlackHorse 116 Cockfosters Road Holbrook Hertford EN4 0DY For the attn of S. Patel, Complaints Analyst Dear Sirs, Agreement Number 351453386 PPI Policy and Penalty Charges Further to your letter dated 23rd April, 2007, I am disappointed that you are not willing to refund the Payment Protection Insurance which was mis-sold to me. With regard to the ‘Demands & Needs’ form please note the following; I do not, at any time, recall answering any of the alleged questions in relation to PPI. If these questions were indeed asked, then I was certainly not clear that they related specifically to PPI and assumed that these question were in relation to the loan itself. Further, the questionnaire is designed to ‘recommend’ cover. I also notice that ‘self employed’ is circled on the questionnaire! In such instances, this questionnaire then goes on to ‘recommend’ cover that only provides for accident/critical illness. There is no provision on the form for advising the customer that a ‘single premium’ policy is then added to the loan and interest charged in addition. There is also no record on the form of my being advised of the extortionate total cost of £8,819.16 which does not even cover unemployment. In comparison, Virgin Money are offering sickness/accident/critical illness cover for £7 per month. In addition, the ‘Demands & Needs’ form does not give other competitive options or inform the customer of their options. Nowhere on the form is there mention of the cost or how it is applied. There are also no questions on the form relating to pre existing medical conditions or any esclusions. Further, the loan was repaid some 8 years early. It had always been my intention to repay the loan early as my move from Leeds to Birmingham was inevitable and thus the sale of my property enabled early repayment.. The questions on your ‘Demands & Needs’ form made no provision to enquire about the possibility of early settlement and that a single premium policy was totally unsuitable. FSA Factsheet: What we would expect a compliant demands and needs statement for an advised sale to cover (with relevant FSA rule references) * The customer’s demands and needs (ICOB 4.41®(a)6). For example this should include the advisors assessment of whether the customer has other insurance in place that affects their needs, including employer benefits; the need for the future flexibility if relevant; and so on * Reasons for recommending a particular PPI contract (ICOB 4.41R(1)(c )). This should set out why the recommendation contract suits based on that particular customers needs. For example, it should explain why the recommendation is suitable considering the costs of the contract if relevant (ICOB 4.3.6R(2)7) and the exclusion and limits of the contract (ICOB 4.3.6R(3)). * Demands and needs not met by the recommended contract. The statement of demands and needs is the record that you must keep to show that you have made a suitable recommendation (ICOB 4.4.5G). You should consider recording the demands and needs of the customer the personal recommendation doesn’t meet (ICOB 4.3.1R(3)(b)). For example, if the customer needs future flexibility you may wish to explain the constraints on this ( for example, refunds of premium not being available or not being on pro rata basis. ------------------------------------------------------ It is evident that your ‘Demands & Needs’ form is structured in such a way as to highlight the benefits of PPI without mentioning the extortionate cost or the many exclusions. I also notice that the customer signature box does not contain my signature but the words ‘postal’. I have never (not even as part of my Subject Access Request) received any policy documents or terms and conditions of the policy. With regard to the Agreement itself. Can you please clarify to me why the copy of my Agreement which was sent earlier this month as part of my Subject Access Request is not properly executed as does not contain a signature on behalf of your company….. Yet the copy Agreement which accompanied your letter of 23rd April 2007 miraculously does! There are also other ‘recent’ alterations which have been made to the Agreement. The signature that ‘now’ appears on the Agreement has been dated 28/01/05. Given the seriousness of this matter, I expect your immediate comments. Penalty Charges: I would like to query the following entries on the statements: Unpaid Returned £ 15.00 Collection Activity Charge £300.00 As you are not doubt, aware, penalty charges are unlawful and unenforceable in a court of law. I am requesting that you issue a full refund of the £315.00 without delay. I am also requesting that you confirm that these were the ‘only’ penalty charges imposed as this figure does not tally with my records. Please also confirm whether additional interest was imposed by way of a penalty charge and, if so, full details and amounts. With regard to my Subject Access Request. The loan account in question was a secondary loan and the first loan was consolidated. You have not sent any information in relation to the first loan. This should have been covered within my original Subject Access Request. You are obliged, by law, to send all information which you hold on me. Please rectify this matter by providing the information as a matter of urgency. Until this has been received, you have not complied with my request. In light of the above, I am allowing 28 days for you to issue a full refund of the mis-sold PPI and all penalty charges imposed. I also expect a full response to all other queries outlined above within the 28 days. Be in no doubt that at the expiry of the 28 days deadline I will, without further notice, issue action against you in the County Court for the full amount together with statutory interest, costs and damages/compensation. Yours faithfully,

I am on the dootstep of issuing action against Blackhorse for the return of almost £9,000 PPI on a £25,000 which my friend took out. There are also penalty charges which need to be reclaimed. Blackhorse took 3 months to comply with SAR request. Interestingly, the copy agreement sent was not executed (no company signature in box). However, when I wrote requesting refund of PPI, they sent a copy of the Demands and Needs form they had completed over the phone and another copy of the agreement, which miraculously now has a signature in the box! My friend took this loan out over 10 years but repaid it in full after 2 years when she shold her house (loan was secured). Even though the Demands and Needs form has self employed circled, they go on to recommend just critical illness for the extortionate sum of nearly £9k. My friend didnt even know she had this PPI. It was only discovered when we got a copy of the agreement with the SAR.

You have them on this one. This is a clear breach of the DPA! Let me know how you get on.

Starz. This is just typical of HFO. You really must email Andy Lowther. My complaint is already logged. As soon as enough people complain, they will revoke their licence. If you are able to record their call, even better! You can send copy of phone calls also.

1. Yes you can leave this out or put 'opened in the 1980's). 2. Cost of filing is added automatically at the end. 3. I personally would not ask for this back as it may complicate your simple claim. Plus, still having your £10 makes them liable to comply. Maybe someone else can advise further on this one. 4. Actually, you can claim for your time but this cant be done on MCOL. The particulars for this are too long. You need to file a N1 form and personally take it to the courts. 5. If account is closed, they will automatically have to issue you with a cheque. They cant pay funds into a closed account.

Damo. This thread is just enthralling! Good stuff!

LOL. every time I read a post, another appears!! Come on Damo, Im waiting

You need to make a SAR request. Make sure you include cheque/postal order for £10 and proof of ID ie copy driving licence or passport. Be sure to send by recorded and keep receipt. These idiots will give you the run around if you dont dot your i's and cross your t's!

Hof Services (dca) & Charging Orders Whilst In Breach Of Cca Request

Just reading this thread. Any news?

I recently compiled a defence for a fellow CAG'er. HFO took over 3 months to comply with CCA request and then sent a copy of the agreement (from MBNA) which when I studied, was NOT a true copy of the agreement. It was actually a copy of the application form which had been cut and pasted to 'make it look like' an agreement. The Judge refused to grant the charging order, and ordered that HFO produce the original within one month or the case would be struck out. He also awarded costs to the defendant for having a wasted day. This is a brilliant result for all those in a similar position.

Hi all. I have been in touch with lots of people about HFO Services. They are a particularly nasty debt collection agency. Despite having not complied with CCA requests, they continue to issue for CCJ's and Charging Orders. I have been in touch with Office of Fair Trading who are investigating their unfair business practices. The more people who complain, the more chance that TS will take action to revoke their licence. The person I have been corresponding with is Andy Lowther. His email address is [email protected] and he is very interested in any cases regarding HFO. If you are experiencing the same nightmare with these people, please contact him urgently. Be sure you have sent CCA request and have proof of postage and postal order. Complaints are more valid with all supporting documentary evidence. His address is Andy Lowther, Office of Fair Trading, Fleetbank House, 2-6 Salisbury Square, London EC4Y 8JX.

These people are the parasites of the earth. The latest trend now is for DCA's to apply for charging orders. Lets just hope that the majority of these turn out to be a waste of time for them, only incurring them extra expense for their wasted efforts!!! What happened to Thereshope is beyond belief. I think a more sympathetic judge would have seen right through this!

1st Credit Help Corn. Have a look.

Just to let you know that I recently prepared a defence for someone defending a charging order. The DCA was HFO and they were applying for the order. They sort of complied with CCA three months late. They sent an alleged true copy of the agreement from MBNA. When I studied this, it was a complete sham. It was a copy of a credit card application form and had been cut and pasted and they had used sticky lables to block out parts of it. I centred the defence around 'constructed conjecture' of an agreement and non compliance of CCA Request. The Judge ordered that the DCA return in a month with a copy of the original document (and not a photocopy) or he would strike out their claim. He also awarded the defendant costs for a wasted day. Now, the CCA was requested back in September. We know very well that if they were able to come up with it, they would have done by now! Game, set and match.

If you are planning on making an amendment at this stage, I would give the courts a ring and speak to the Court Manager for advice. They are really nice people and very sympathetic to our cause. They will advise on best thing to do at this stage.

Did you send CCA request by recorded. The clock starts ticking from the day they receive the request. After 12 days, they are in breach. If a further month passes, they have committed an offence.

alanfromderby v Bristol & West ** OPERATION REVENGE 2007 ** (1 2 3 4 5 ... Last Page) Have a read of this.

This is standard reply. Remember you are working to your timescale not theirs. At expiry of your 14 day deadling, send letter before action.

I really dont think you have anything to worry about. Abbey filed a long threee page defence to my friends claim. It was the usual twoddle but long and drawn out. I shouldnt worry about it. Should be good news on Monday.