Jump to content



Havinastella v Blackhorse


Please note that this topic has not had any new posts for the last 4549 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Right, HP agreement took out on 17/03/2005 paid on time until November 07 when got into difficulties. (Had a problem early in 06 but managed to catch up so would assume some charges were also added)

 

12th April 2008, default notice served

 

Total payable under the agreement £5239.70

Total paid at the date of notice £3405.04

 

leaving a balance of £1834.66

 

Sent Blackhorse letter on 17th April 2008 offering £775 in full and final settlement and had response on 30th declining offer as current settlement figure is £1940.76.

 

Supplemental Notice also received with Default showing -

Unpaid Charge fees £130

Late payment interest £33.42

Total £163.42

 

What is my best course of action?

 

S.A.R for full details of costs incurred and try to negotiate settlement figure after deducting costs.

 

Also, as the final settlement figure is more than owed on default notice, am I allowed to put account in to Dispute?

 

Many thanks

 

Jogs

Link to post
Share on other sites
  • Replies 54
  • Created
  • Last Reply

Top Posters In This Topic

You could send them a request under CCA s77(1) - you are entitled to a copy of the ageement and a statement of account comprising

(a) the total sum paid under the agreement by the debtor;

(b) the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

© the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.

use these words in your request

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

Link to post
Share on other sites

Dear Mr Lowen,

 

Thank you for your letter dated 30th April 2008 concerning the above account.

 

I are sorry that you feel unable to accept the offer which I have made. The majority of my other creditors have accepted the offers made to them and I have commenced payments.

 

I note from your Default Notice dated 12th April 2008 that

(i) Total payable under the agreement £5239.70

(ii) Total paid at date of notice £3405.04

 

Leaving a balance of £1834.66,

 

Yet on your rejection letter dated 30th April 2008, you offer a settlement figure of £1940.76.

 

I also note that enclosed with Default Notice was a Supplemental Notice of charges totalling £163.42.

 

The High Court has recently decided that your charges are subject to the Unfair Terms in Consumer Contracts Regulations 1999. I consider that the regime of charges you operate is unfair within the meaning of these Regulations as they are not individually negotiated, they operate in much the same way as charges operated by other High street banks and therefore there is little alternative to myself but to agree to the charges. Furthermore the charges are contrary to the requirement of good faith and fair dealing as they lack basic standards of commercial moral practice and take an unfair advantage of the weak bargaining power of the consumer. They impose a significant imbalance in the rights and obligations between the contracting parties which is to my detriment. I also consider that the charges may be unlawful at common law.

 

 

Your responsibilities

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. Furthermore you are bound by the Banking Code to treat your customers fairly and it is evident that you do not do so.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise.

 

What I require

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

I draw your attention to the paragraph

 

(a) the total sum paid under the agreement by the debtor;

(b) the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

© the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.

 

 

I understand a copy of our credit agreement should be supplied within 12 working days.

 

Until I receive my request, I am putting this account into dispute.

 

Yours Sincerely

Link to post
Share on other sites

Looks OK

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

Link to post
Share on other sites

damn these little buggers are eager.

 

Received letter from them dated 08/05/2008

 

We have reviewed the record of your account and are satisfied that the charges were applied in accordance with the terms of your agreement. These charges were added to your account as a result of your failure to make payment as required by the agreement.

 

However as a gesture of good will we are willing to waive £149 of the charges.

 

Also enclosed is a copy of the credit agreement

 

If you have any further queries please contact the office.

 

SO, apart from the lack of Grammar and punctuation can I assume that they have still not complied with my written request of 07/05/08??

 

Especially the paragraph I highlighted for them.

 

Many thanks

 

JOgs

Link to post
Share on other sites
  • 2 weeks later...

going out today

 

Dear x x x x x x x x

 

 

Thank you for your letter dated 08/05/2008, the contents are noted.

 

Can I once again draw your attention to my letter dated 06/05/08. I thought that I had made myself perfectly clear in the Paragraph titled, What I require…….

 

Once again I shall copy it in for your easy reference

 

What I require

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

I draw your attention to the paragraph

 

(a) the total sum paid under the agreement by the debtor;

(b) the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

© the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.

 

I have once again bolded the relevant sentences that apply to my request.

 

As you have still not fulfilled my request and will be in default on 28/05/08, I will include the whole Section from the Consumer Credit Act 1974, so there is NO doubt what I require.

77.—(1) The creditor under a regulated agreement for fixed sum credit, within the

prescribed period after receiving a request in writing to that effect from the debtor and

payment of a fee of £1.00, shall give the debtor a copy of the executed

agreement (if any) and of any other document referred to in it, together with a

statement signed by or on behalf of the creditor showing, according to the information

to which it is practicable for him to refer,—

(a) the total sum paid under the agreement by the debtor;

(b) the total sum which has become payable under the agreement by the debtor but

remains unpaid, and the various amounts comprised in that total sum, with the

date when each became due: and

© the total sum which is to became payable under the agreement by the debtor,

and the various amounts comprised in that total sum, with the date, or mode of

determining the date, when each becomes due.

(2) If the creditor possesses insufficient information to enable him to ascertain the

amounts and dates mentioned in subsection (l)©, he shall be taken to comply with

that paragraph if his statement under subsection (1) gives the basis on which, under

the regulated agreement, they would fall to be ascertained.

(3) Subsection (1) does not apply to—

(a) an agreement under which no sum is, or will or may become, payable by the

debtor, or

(b) a request made lss than one month after a previous request under that

subsection relating to the same agreement was complied with.

(4) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement;

and

(b) if the default continues for one month he commits an offence.

(5) This section does not apply to a non-commercial agreement.

As I am unable to calculate the “Unfair Charges” applied to the account I will only accept the £149 offered as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

I await your response.

 

 

 

 

 

 

Does it seem ok?

 

 

 

Many thanks

 

 

 

Jogs

Link to post
Share on other sites

Is that it?

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

Link to post
Share on other sites

Yes and a copy of the agreement.

 

The last time I got just the agreement.

 

May have to ring her and explain in simple, one syllable words what I require.

 

Jogs

Link to post
Share on other sites

What does the agreement look like?

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

Link to post
Share on other sites

Oh the agreement is spot on.

 

One question tho, when we signed the agreement, it was at the Car show room and was then faxed to Blackhorse to agree the HP.

 

The copy of the Credit agreement they sent me was a copy of the fax as it still had the time and date it was faxed.

 

Would that stand up in court or would they need the Original paperwork that we signed to enforce it?

 

Many thanks

 

Jogs

Link to post
Share on other sites

Normally they would have to produce the original in court - I'm not sure but I don't think a fax copy would do. The reason I'm not sure is that I know tat fax copies can sometimnes be used in contracts in business.

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

Link to post
Share on other sites

The POC complies with CPR Part 16 rule 6

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

Link to post
Share on other sites

It's the first one I've seen ;)

 

They seem to be doing everything by the book. Perhaps write and ask tem once again for a proper statement of account (which youare entitled to under s77(1) of the CCA 1974) and tell them you want it because you want to settle the account.

 

The information in the POC is OK as far as it goes but it falls short of what you are entitled to under the Act (IMO)

Edited by steven4064

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

Link to post
Share on other sites

Sorry - I edited the previous post while you were replying. I think you should write to BH

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

Link to post
Share on other sites

And I think you are entitled to that under s77(1). However, did you send an SAR? The other option is to send a request under CPR Part 18 and ask for an order to have the Part 18 request honoured with your AQ if they don't comply beforehand.

 

Your defence should major on the charges - in fact it would probably be best to counterclaim and demand they justify the charges - that should make them more reasonable.

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

Link to post
Share on other sites

Once again many thanks for your time Steven, CCA was sent 06/05/08 and follow up letter telling them they didn't supply what I had asked for on 21/05/08.

 

Collections sent me another reply dated 22/05/08 same date they filed the claim, still not sending me what I requested.

 

So CCA sent putting account into dispute and they still issue court proceedings and haven't given me a statement of account. Copies of both letters earlier on in this thread!

 

I think I may go down the counter claim and CPR18 request route, just so I can show the judge that I was trying to pay of this debt and only wanted a true statement of account without unfair charges so I could make another offer.

 

I'll go look up CPR18 requests now and would love some help filling in the N9 tomorrow.

 

Many thanks

 

Jogs

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...