Blackhorse / Nationwide Collection Services Limited

[BuffNess]

Hey guys,

 

Just a quick query here.

 

Blackhorse have treated me very badly and have broke data protection and I am trying to also fight a case with them

I have wrote to them 4 times in the past 4 months, with no reply, therefore I wrote to the FOS.

FOS have replied and said, because I did not provide any evidence that I have wrote to them, they cannot help. However, they said they have sent the business details of the complaint and they have 8 weeks to reply.

 

I do have the letters somewhere to hand that I sent to Blackhorse, and I will be forwarding this back to FOS to try and take the complaint further.

 

Blackhorse ARE aware that I am complaining to the FOS as I have notified them TWICE in the past month - however, I received a letter from Nationwide Collection Services (debt collectors) asking for the outstanding amount (£5808.34)

 

I thought that this was a mistake, as the dates tied in to each other when I told Blackhorse - the agent said the account would be put on hold for three months, therefore I mistook this letter and thought it had already been sent out before I made the phonecall to Blackhorse to advise them that I am complaining to the FOS.

 

However, on the 3rd December, I received ANOTHER letter from the Debt Collectors, saying that:

 

You have failed to respond to our previous letter.

A Payment must be sent immediately

If you cannot make payment, you must contact us today by phone on 0131 311 2111 to discuss the situation.

Failure to do so will result in further action being taken by our client.

 

I just need some advice on what to do! Blackhorse are RUBBISH - they have caused me problems in the past while dealing with this WHOLE situation - but what are my rights with regards to contacting this debt collection agency? Shall I contact them and tell them that Blackhorse should have put the account on hold, and are aware that I am going through the FOS for a complaint? Or shall I just leave it - if I leave it, then I am worried that I am going to get more letters sending me to court!

 

Thanks in advance guys - sorry its so long!

 

 

Vijay x

[spamheed]

Complaining to the FOS doesn't place the account in dispute.

 

Don't bother contacting the DCA as it would simply be a waste of time.

 

I would suggest sending the DCA a CCA request, they will have 12+2 working days to fulfil your request, if and when they don't do this then you will have solid grounds for complaint and as they are in default of your request, they will have to cease enforcement action until they are able to fulfill your request.

 

When did you take out the credit?

what was it for? loan/credit card etc?

are there any charges applied to the account that you are aware of?

[BuffNess]

Its an ongoing process - basically the account was taken out for my partner (ex partner now) and he stopped paying the payments - the car got repossessed.

I am just asking Blackhorse to try and see if they can do ANYTHING - I sent letters in July and August, but they have not replied. I sent this then to the FOS as I am sure they have 6-8 weeks to reply to my letters - they haven't. Blackhorse also broke data protection by telling my mother everything and it has caused major problems in the family due to my partner also being male. I explained this all in the letters, but Blackhorse have replied with NOTHING - not even a letter to say this cannot be done!

 

So, I wrote to the FOS who replied back today asking for evidence of the letters that I sent to them. I am posting that off tommorow by recorded delivery - but I will also send the DCA a CCA request too.

 

The credit was taken out April 2007, the car got repossessed in July of this year. It was a Hire Purchase agreement, and as you can imagine, there are loads of charges on the account. It seems unfair as the V5 document who stated who owned the car, was under the name of my partner, plus the car was being driven around with NO insurance and NO road tax what so ever, and obviously my partner was NOT paying the monthly payments.

 

I wrote to blackhorse, only to ask if this can be looked at, or if any of the debt can be lowered in anyway, (i am thinking the answer would be no anyway) but they havent even replied to me to say that!

 

Thats why I went to the FOS - but as mentioned, I will send the DCA a CCA request - what if they dont send it me within 12+2 working days?

 

Thanks for your reply by the way

[BuffNess]

Sorry, forgot to mention the credit agreement was in my name, but the car was for him.

[BuffNess]

I already have the CCA here with me from when the agreement first opened.

If anyone is willing to look at it, shall I scan it in see if theres anything I can complain against?

[Pinky69]

Irrespective of who was driving the car or in whose name it was registered, the finance was in your name - I am sure you have learned from the experience. Get a copy of the agreement request off to NCS as Spamheed has advised. Send by recorded delivery and print - don't sign - your name at the bottom of the letter. Send the necessary £1 by postal order. Also don't talk to any of them on the phone - you'll get nowhere vast and might get some nasty abuse. Insist everything is in writing so you have copies of everything and keep them in a file. If the agreement is in order, then you can SAR Blackhorse to find out what, if any, charges can be reclaimed. If you need any help with any of this, let us know.

[Pinky69]

The point of asking them for a copy of the agreement is to make sure they have one. If they don't, they cannot enforce the debt.

[BuffNess]

Thanks very much Pinky69! I thought that they would give abuse - I am not going to ring them.

 

I will do the letter now and post tommorow and get a postal order of £1.

 

The FOS are currently in talks with Blackhorse with the complaint - I understand a Subject Access Request is a claim of charges? (Not sure...) If it is, then what do I write in the letter (any templates on here...?)

 

And, will the SAR affect the complaint that I have put in against them with the FOS? If not, then will do it now.

[BuffNess]

Just got your next message Pinky69...

 

Thank you - I will do the letter now!

[BuffNess]

do i write to the debt collectors for the agreement, or blackhorse?

[Pinky69]

Send the CCA request to the debt collectors and the SAR to Blackhorse. Neither will affect your complaint to the FOS.

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

Print, dont sign, your name - on all correspondence

[BuffNess]

Thank you!!!!!

 

The SAR request to Blackhorse - the letter is on here as a template isnt it?

 

Pinky69 - if you know your info on credit agreements, any chance you can take a look at my credit agreements for me? I have scanned them in on another thread

[BuffNess]

Sorry, I just misread! The letter you gave me IS the SAR request - the CCA request to the debt collectors though, do I just simply ask for the CCA?

[Pinky69]

Creditors and DCAs - Letter Templates & Budget Planner

 

Scroll down to letter N for the CCA request.

 

Where is your other thread?

[BuffNess]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172746-mbna-credit-agreements-received.html

 

Thanks Pinky69

I am off out shopping - but if you want, leave me a private message or reply back on that thread

You have been a massive help!!

[Pinky69]

You don't have to do anything until they contact you again,as they will, then you can tell them the account is in dispute as you requested the credit agreement and thy failed to comply with your request. Until such times as they comply you don't need to make them any payment. It is impossible to say whether or not the agreement is enforceable until you have seen it.