Blackheath loans

[dizzi75]

I am hoping someone will be able to help, my partner and I took out a 3000 pound loan with these people in sept 2006 the loan shoul of been over 2 yrs for 17 mts we paid our 217 pound but unfortunately last may money became a little tight and one thing led to another my mother stood guarantor for us and she took it over paying them to date 1100 at last things are starting to improve for us and i contacted them for a settlement figure which they are claiming is still over 2500 with interest in the first place the whole loan value was only 5217 what do i do as i have no idea why the outstanding amount is still so high and they are completly awfull people to deal with i was hoping to finish this loan buisiness never to repeat

[Trilby274]

Good grief. You have been paying around 60% on this loan! After 17 months, the balance should have been about £1258. Did you default on any payments? If so, it looks as though they have added huge charges to the account.

 

Have you got your original agreement? Can you scan it and post it up for us to see (remove all personal details)? Do you know if you had a PPI on the loan?

[dizzi75]

no we didnt have ppi and we were late with a couple of payments charged at 20 pound a time i do have the original paper work please bear with me i am trying to scan it in.

[dizzi75]

Right first scan so i hope this is alright?

 

 

 

Edited January 19, 2009 by dizzi75
made images easier to read

[Trilby274]

This looks like a Blackheath cock-up to me. Did you pay the £20 charges at the time they were made? I have a feeling that the payments made by your mother may not have been credited to your account for some reason.

 

Write to them asking for a complete breakdown of payments made to your account and the reasons why their settlement figure is so high. Stick to the facts - you made 17 payments, missed two and caught up with £1100 of payments from your mother. On that basis, I reckon you owe them no more than a couple of hundred.

 

Also ask them for clarification of the very woolly statement they make under MISSED PAYMENTS.

 

Hope this helps

[dizzi75]

Thank you for your reply, I get the feeling they may not be to quick to send out a breakdown of payments they have received could you tell me if they are obliged to do so by law? are there any "phrases" I need to include in my letter, They really are pondlife to deal with they sent 27 txts when i was one day late with a payment, they also phoned He really is an unpleasent chap who seems to think he can do whatever he pleases.

[dizzi75]

oh the 20.00 were paid at the time they took it as a seperate dd.

[42man]

Dizzi....I would send them a Subject Access Request...this will cost £10 (but you should know where you stand) they have to send these details in 40 days....(send recorded)

 

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,

 

 

sign your name but put crosses through it so it can't be 'lifted'

[dizzi75]

Sent the SAR recorded it has been received and they have cashed the cheque which they have taken off the balance, is this right? I understand I now have to wait for 40 days, is there anything else I need to be following up with while waiting on their response. Do I need to send them any reminders or anything?

[dizzi75]

As you can see from my previous note we sent the SAR from ourselves, Blackheath have just phoned my mother who took over the payments to tell her they are no longer dealing with ourselves at all, but can offer her a reduced settlement figure of 1500 which is still to high as the man quoted on friday that all the total is about 795 should I now send a SAR from my mother as they are refusing to acknowledge anything sent by ourselves as always any help would be much appreciated.

[dizzi75]

any help would really be appreciated as they are really a nasty lot to deal with, not really sure how else to move this forward as they are refusing to communicate with us, I feel the only option is to send the same paper work(SAR) but from my mother although neither her or myself have received a formal notice that she is now responsible for the outstanding balance surely we should of received some sort of notification.

[42man]

If the loan is in your name, then they HAVE to comply with your SAR, if they don't respond in 40 days with the information then you issue a letter headed LETTER BEFORE ACTION and give them 7 days to comply otherwise you will take them to court and you will get compensation...

[dizzi75]

Thanks again, Yes the loan is in our names my mother stood as guarantor for us. i can we will just have to sit and wait and c what they send (or not) .

[42man]

When it hits 40 calendar days...send them a LETTER BEFORE ACTION stating that they have not complied with your request (enclose a copy of the original SAR and a copy of the rec del slip) and give them 7 days notice to respond or you will commence proceedings.

[Trilby274]

Blackheath have just phoned my mother who took over the payments to tell her they are no longer dealing with ourselves at all, but can offer her a reduced settlement figure of 1500

Strange - if they are no longer dealing with you, how can they offer a settlement figure?

 

I go back to my original post on this - looks like a Blackheath cock-up - and it's getting bigger

 

 

OK - dumbo - just realised what you meant. They ARE now just dealing with your mother. Sorry

Edited January 31, 2009 by Trilby274
DOH!!

[dizzi75]

Right, they have had thier 40 days I am hoping someone can help with a letter before action letter please! we have not received any response from them at all but we have proof of delivery, and of course the cashed cheque! thanks very much in advance.

[42man]

LETTER BEFORE ACTION

 

Dear Sirs/Madam

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: xxxxxxxx

 

1) You have failed to provide a complete list of transactions and charges.

 

2) You have provided no copy documents relating to any correspondence between myself and your company

 

3) You have provided no notes, or documents relating to instances of manual intervention.

 

4) You have provided no copies of default notices or agreements

I enclose a copy of the previous request that was made, which was signed on delivery to your company on (date)

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

You have a further 7 days to comply, no further notice will be given before legal proceedings will be commenced

 

Yours faithfully,

[dizzi75]

:wink:Thank you again!

[andymanx]

subb

[42man]

Any news on this Dizzi ? Have they complied with your SAR yet ?

[dizzi75]

No nothing at all, just about to ask what my nxt move is! they have been completly silent we have continued to pay as these people put the fear of god into my mother she became an absolute state after the threatening behaviour on the phone we are moving nxt tuesday so my nxt move will not be carried out untill the following wkend I was hoping to be able to sort everything out with them before we moved including paying the correct balance but they arent interested otherwise they would of complied they think thier bullying tactics puts them above the law which it doesnt it just gives them furthur to fall!

[42man]

If they have not responded Dizz, then issue court papers - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/49571-havinastella-lloyds-tsb-3.html - you can claim all your costs, and the judge will also award you compensation, there is no excuse for them NOT to provide this information.....just make sure all your SAR requests and recorded delivery slips are in order....

[42man]

They are a registered data controller and have no excuse not to provide your SAR...

 

Data Protection Register - Entry Details

 

 

 

 

 

Registration Number: Z8675461

Date Registered: 23 July 2004 Registration Expires: 22 July 2009

 

Data Controller: BLACKHEATH LOANS LIMITED

 

Address:

843 FINCHLEY ROAD

LONDON

NW11 8NA

This register entry describes, in very general terms, the personal data being processed by:

BLACKHEATH LOANS LIMITED

 

This register entry contains personal data held for 5 purpose(s)

Purpose 1

 

Staff Administration

Purpose Description:

Appointments or removals, pay, discipline, superannuation, work management or other personnel matters in relation to the staff of the data controller.

Data subjects are:

Staff including volunteers, agents, temporary and casual workers

Relatives, guardians and associates of the data subject

Data classes are:

Personal Details

Family, Lifestyle and Social Circumstances

Education and Training Details

Employment Details

Financial Details

Racial or Ethnic Origin

Religious or Other Beliefs Of A Similar Nature

Trade Union Membership

Physical or Mental Health or Condition

Sources (S) and Disclosures (D)(1984 Act). Recipients (1998 Act):

Data subjects themselves

Relatives, guardians or other persons associated with the data subject

Current, past or prospective employers of the data subject

Education, training establishments and examining bodies

Suppliers, providers of goods or services

Financial organisations and advisers

Central Government

Employment and recruitment agencies

Transfers:

None outside the European Economic Area

Purpose 2

 

Advertising, Marketing & Public Relations

Purpose Description:

Advertising or marketing the business of the data controller, activity, goods or services and promoting public relations in connection with that business or activity, or those goods or services.

Data subjects are:

Customers and clients

Complainants, correspondents and enquirers

Advisers, consultants and other professional experts

Data classes are:

Personal Details

Family, Lifestyle and Social Circumstances

Goods or Services Provided

Sources (S) and Disclosures (D)(1984 Act). Recipients (1998 Act):

Data subjects themselves

Business associates and other professional advisers

Suppliers, providers of goods or services

Transfers:

None outside the European Economic Area

Purpose 3

 

Accounts & Records

Purpose Description:

Keeping accounts related to any business or other activity carried on by the data controller, or deciding whether to accept any person as a customer or supplier, or keeping records of purchases, sales or other transactions for the purpose of ensuring that the requisite payments and deliveries are made or services provided by him or to him in respect of those transactions, or for the purpose of making financial or management forecasts to assist him in the conduct of any such business or activity

Data subjects are:

Customers and clients

Suppliers

Complainants, correspondents and enquirers

Data classes are:

Personal Details

Financial Details

Goods or Services Provided

Sources (S) and Disclosures (D)(1984 Act). Recipients (1998 Act):

Business associates and other professional advisers

Employees and agents of the data controller

Other companies in the same group as the data controller

Suppliers, providers of goods or services

Financial organisations and advisers

Credit reference agencies

Debt collection and tracing agencies

Central Government

Transfers:

None outside the European Economic Area

Purpose 4

 

Debt Administration and Factoring

Purpose Description:

The tracing of consumer and commercial debtors and the collection on behalf of creditors. The purchasing of trade debts, including rentals and instalment credit payments, from business.

Data subjects are:

Customers and clients

Relatives, guardians and associates of the data subject

Data classes are:

Personal Details

Family, Lifestyle and Social Circumstances

Goods or Services Provided

Offences (Including Alleged Offences)

Sources (S) and Disclosures (D)(1984 Act). Recipients (1998 Act):

Data subjects themselves

Relatives, guardians or other persons associated with the data subject

Current, past or prospective employers of the data subject

Business associates and other professional advisers

Other companies in the same group as the data controller

Suppliers, providers of goods or services

Credit reference agencies

Debt collection and tracing agencies

Traders in personal data

Central Government

Courts / Tribunals

Transfers:

None outside the European Economic Area

Purpose 5

 

Provision of Financial Services & Advice

Purpose Description:

The provision of services as an intermediary in respect of any financial transactions including mortgage and insurance broking.

Data subjects are:

Customers and clients

Relatives, guardians and associates of the data subject

Data classes are:

Personal Details

Family, Lifestyle and Social Circumstances

Financial Details

Goods or Services Provided

Physical or Mental Health or Condition

Sources (S) and Disclosures (D)(1984 Act). Recipients (1998 Act):

Data subjects themselves

Current, past or prospective employers of the data subject

Healthcare, social and welfare advisers or practitioners

Suppliers, providers of goods or services

Financial organisations and advisers

Credit reference agencies

Trade, employer associations and professional bodies

Central Government

Ombudsmen and regulatory authorities

[42man]

Did they respond to your LBA Dizz ?

[dizzi75]

We received a respose yesterday morning a full break down basically everything we asked for and anacknowledgement that there must of been some kind of mistake on thier part, as the outstnding balance is less than £250 which is what my partner and I both expected in the first place I am just so gratefull for this site if we hadnt of sought the expert opions on here we could of been continuing to pay this indefinitly, thx to everyone who helped this has made our lives hell now for months and now we are eventually getting somewhere! thank you.