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Blackhorse car leasing debt


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 I had Black Horse trying to get £1,500 from me.

Sudenly it was being demanded by a DCA called MacKenzie Hall.

I sent a CCA request (recorded and signed for) and they ignored it.

 

A few weeks later Allied were chasing it.

Again I sent a CCA request (recorded and signed for).

They ignored it and continually pester me with threatening letters and phone calls.

 

I sent a harrassment letter demanding letter contact only (recorded and signed for).

They have ignored it.

 

The legal time limits for the CCA are long past.

They are breaking the law of a couple of fronts.

 

3 weeks ago I sent a final "desist" letter along with a request for a copy of their complaints procedure (recorded and signed for) by law they must have one

. No answer, just more letters and 'phone calls (which, of course, I don't answer when I see their number).

 

I have now contacted Trading Standards (via my local council).

A chap is coming to see me and all my documentation and action will be taken against them.

 

Apparently they will almost automatically get fined at least £400 just because Trading Standards are getting involved.

The final amount will be considerably more due to their attitude to laws that govern their practice.

 

Don't speak tp them.

Send a CCA request and a "stop telephoning" letter - both on this site.

Let them mess up, then get Trading Standards involved and watch them get prosecuted.

The more people that do this, the sooner they'll be forced out of business.

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Hi,

 

 

I couldn't agree more!!!

 

 

Let them dig a big hole for themselves.

 

Then report them to TS and OFT!

 

In fact report them to anybody you can think of with 2 or 3 initials!!!:D

 

 

 

Best wishes everybody!

 

 

Jeff.

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  • 3 weeks later...

You need to send a subject access request to Lloyds (the original creditors), as this may show up the original reduced amount owing when the vehicle was returned plus any unreasonable penalties applied. You may have legal grounds to have the charges reduced or removed if they are unlawful.

 

It costs £10.00 (postal order), send via recorded delivery and keep postage receipt. Stipulate all correspondance in this matter to be by letter. Don't use your signature on any letters including the cca letter.

 

They have 40 days in which to reply to the SAR.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

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  • 10 months later...

Hi, Elevated.

 

What is the 'alleged' debt for, if it's not a Mobile Phone debt......

 

First NEVER talk to these "people" on the phone as they will try and get you to agree to anything.

 

Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt.

This is achieved by requesting a copy of the Signed, Executed Credit Agreement via a Consumer Credit Act (CCA) request.

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

It is best to send this request via recorded/special delivery as there are some important deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action once the DCA continues to demand payment.

 

I hope this clarifies some things.

 

Start a new thread in the Forum 'linked' below.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/

 

You will get all the help you require.

 

Regards.

 

Scott.

Edited by maroondevo52
 
 

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Guest Old_andrew2018

I think not, my reply will Bump your thread, has the original creditor informed you that they sold the debt.

 

Regards

 

Andy

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No, it has been in the hands of three so far, Close, AIM and now Mackenzie Hall, sll stroppy, all threatening, AIM and close failed to provide agreeemtn, I have just requested the same from Mackenzie Hall

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You don't need to send another CCA request - the account is already in dispute and McKenzie Hall have no right to be pursuing it. The way I deal with this is to send a complaint to their Complaints Department that they are pursuing an alleged debt in dispute contrary to the CCA 1974, the Data protection Act 1998, the Adminstration of Justice Act 1970 and OFT guidelines. I then tell them that I am instigating legal action against the pursuers and that as they are current holders of the alleged debt, compensation for vexatious harassment and all costs and expenses will accrue to them. Failure to respond to your complaint within 8 weeks will result in a formal complaint to the Financial Ombusman Service(that would cost them £400 for a start). I then mark the bottom of the letter "cc The OFT - for information to be added to the file of information against (DCA)).

 

It has worked every time - they can't get away quickly enough!

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I would emphasise in court that they committed an offence when you requested a copy of the credit agreement because they did not send you Terms and Conditions, a copy of the Right to Cancel Notice (they must send you a copy of everything mentioned in the agreement document) and they did not send you statements, which they were required to do under the CCA 1974. What you were sent was an application form was not a properly exceuted agreement because these components of an agreement were missing(and remain missing if they don't send them to you before the court date).

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Guess, What Had a Final Notice Letter frm Mac Hall, no agreement in it, they say their instruction over rides any previous instructions that may have been issued to other agents.

 

The amount outstanding doesnt show any amounts paid to either AIM or Close the previous companies used by Black Horse

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Try sending them this letter :)

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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Thanks for that, I will send it, this is for the remaining balance on a car lease from back in 2004, three sets od DCA's have had a go at me over it, I sent the car back because i couldnt pay for it, it was mint and they sold it for trade price etc. - have you had problems like this before

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  • dx100uk changed the title to Blackhorse car leasing debt
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