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    • One thing you should probably realise is that this finance company is properly got a fairly long term business relationship with the dealership. To a certain extent they depend on each other so don't imagine that the finance company is going to be impartial.
    • My view is that you made a contract for an item which was not of satisfactory quality and it is clear from the evidence even of the finance company's own inspector that it was not of satisfactory quality when you bought it. In contract law, if an item is so unsatisfactory that you are effectively deprived of the entire benefit of the contract then the contract should be treated as void and you should recover all of your money and any ancillary expenses. It seems to me that you had no enjoyment at all from this caravan during your period of ownership. I think it's outrageous that the finance company are apparently say that because you've had it for a year before they eventually – and grudgingly – agreed that it should be returned, that you should effectively pay for a years usage. At the very worst, it should be said that you only had usage of it from the moment you took delivery to the date of your first complaint to the finance company. How long was that? However, on the basis that you had no benefit from the contract whatsoever, it seems to me that you should recover all of your money. Let me warn you that the FOS is unlikely to recommend this. However they are likely to recommend that you receive a portion of your money – and maybe it will be sufficient to satisfy you and you won't feel as if you want to try and get the rest. In the event that the FOS considers that you are not entitled to any further payment at all, then frankly I would recommend that you go to County Court and sue both the dealer and the finance company together to recover all of your money on the basis that I have described above – and I would say that your chances of success are much better than 85%. The action would be on the small claims track and that would mean that in the highly likely event that you won the case, you would recover all of your costs plus your money +8%. In the highly unlikely event that you lost the case then your losses will be limited simply to the claim fee and the allocation fee – which would probably be in the region of about £300. We would help you all the way. We would help you draft the documents and advise you step-by-step – although you would have to conduct the case yourself and it would probably be done by way of a telephone hearing. My personal view is that it wouldn't go as far as a hearing and that they would back down and pay you out. Personally I think it's a try on and they're taking advantage of the fact that they think that you don't know your way around and that you lack confidence
    • That seems ok it puts them in a spot, the last thing Simple wants is his rubbish POC and cut 'n paste WS to be challenged in a hearing.
    • DX100UK - How does this amended defence adapted from your posy of 19 Sept look? I could only see the date required for the CPR in item 3 to be incorporated:      1. The Defendant contends that the Particulars of Claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.    2. Paragraphs 1 & 3 are denied .The Claimant claims £3897281 is owed under a regulated agreement with HBOS on 27/08/2016. I do not recall the precise details or agreement.    3. On receipt of the claim form, the Defendant sent on date XXXXXX a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement to the Claimant and on date 28 August 2020 a CPR 31:14 request to their solicitors. To Date both remain in default of my requests and have failed to reply.   4. Paragraph 2 is Denied. I have never received a Section 87 Default Notice form either the Original Creditor nor the Claimant dated 05/08/2019    5. It is therefore denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:  (a) show how the Defendant has entered into an agreement; and  (b) show and evidence any cause of action and service of a Default Notice  (c) show how the Defendant has reached the amount claimed for; and  (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;    6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.    7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the consumer credit Act 1974.    8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • So after sending the email to CEO, the ticket has been successfully cancelled - result!   My original email:   Dear Mr. Christian Hartnagel,   Re: Parking Charge Notice No: 0 XXX XXX XXX Vehicle Registration: XXXX XXX Issue Date: 11/09/2020 Entered Car Park: 09/09/2020 @ XX:XX:XX Exited Car Park: 09/09/2020 @ XX:XX:XX Athena claim an Overstay of 56mins. Photo attached of the receipt valued to your company as sales of £24.77. I am writing as the registered keeper of a car in reference to Athena ANPR Ltd's Notice to Keeper (ref: X XXX XXX XXX).   The vehicle was parked in the car park of your Edmonton store on Thursday 9th September 2020, while the driver was doing their shopping inside said Lidl store. After they paid for their shopping, they unfortunately did not enter the vehicle registration details into the parking machine before leaving the store/car park. The registering of vehicles’ details has not been required for the last few months during the COVID-19 crisis, and so, this instance was unintentional. Had a member of staff mentioned that normal parking procedure had resumed, the driver would have inputted the vehicle information as was done prior to the COVID-19 changes.   As a result of this, Athena ANPR Ltd has issued a civil parking charge notice without any consideration of the situation.   The driver has been to your shop in Edmonton store to try and get the issue resolved but was advised to get in touch with Lidl Customer Services. So far getting a response from Customer Services other than an acknowledgement, has been rather difficult.   The driver is a valued and loyal customer and this is very unfair, and therefore I, as the registered keeper, kindly ask that you instruct Athena ANPR Ltd to cancel this parking charge notice.   Kind regards, Mr XXXXXXX   And I just got this reply:    Dear Mr. XXXXXX Our Ref: XXXXXX Re: Your Contact Thank you for taking the time to contact our CEO. I have been asked to reply on his behalf. I was sorry to learn that you received a parking charge. I appreciate this may have been frustrating for you. Lidl is a national retailer. As such, we have stores in locations with limited parking space and in common with many of our competitors, our store car parks are abused to a significant and detrimental extent. We have therefore judged it necessary to take measures so that our stores parking facilities are available first and foremost to our customers. In order to ensure that sufficient parking spaces are available at all times to our customers, Lidl employs third party contractors to monitor and control our car parks. So far, this service has proved reliable and effective in reducing car park abuse and in freeing up spaces for our customers. In light of your comments, on this occasion only, I have requested that the parking charge is cancelled. Athena will confirm the cancellation in writing in due course. Thank you again for contacting us. Yours sincerely, For and on behalf of Lidl Great Britain Limited Kayleigh Hogg Customer Service *** If this ever happens again, I will make sure to always go via CEO route and make sure receipts are kept. Thanks to everyone for your help with this 👍  ***
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Blackhorse PPI V Me **WON**


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I have a loan with the above and believe i was missold ppi. Basically i wasn't told about it and believed it was a condition of the loan. I have sent off for my SAR. Should I try and cancel the PPI now and then reclaim the rest once i receive the SAR?

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Hello Tracyab,

 

Personally I would contact them and cancel the ppi now, it will be less money they take from you.

 

Have a look at this linkConsumers to benefit from PPI refunds agreement

 

They will refund the amount left into the balance of the loan, this is their standard practice. but do not agree to start a new loan or sign any future credit agreement, they cannot make you do this.

 

You then reclaim the amount you have paid to them

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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  • 7 months later...

my son took out a loan with the blackhorse he was sold ppi with the loan gold cover which covers for unemployment .

In order to claim on the insurance it states you have to be employed for 6 months .

 

On the form my son stated that he had only been in the job for one week he got a £8000 loan with ppi insurance,

when to tried to claim a couple months after because the had a baby that was born premature and seriously ill and they also had a two year old daughter that my son found it impossible to work.

 

they refused his claim when he found it impossible to work the baby was in hospital for 6 months .

 

when my grandson lost his fight for life they still could not claim even though he should never have got the loan or been sold the ppi insurance

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Lipypop

Your story has touched me.

I have a a complaint against Black Horse they are the worst IMHO for mis selling PPI.

Is the loan still active if it is then send them a template letter staing what you have told us here and ask that the PPI is cancelled and you want a refund on the single preimum that was paid.

If you need more help please update your thread and I willdo my best to help I am no expert by the way just have a little knowledge

Lloyds TSB (SARS) request sent 9th June 2006

£2191 Moneyclaim Issued 11/08/2006, Acknowleded 17th August Defence 14 Sep, AQ returned 5/10/2006.SETTLED IN FULL £2,670 26/11/2006/ Lloyds Credit Card SETTLED IN FULL £267

MBNA SETTLED IN FULL 15/09/2006 £829

Citicard (SARS) request sent 22nd June 2006 Moneyclaim issued 19th Sep, Defence and AQ received 5/10/2006, AQ returned 5/10/2006, part refund received 10/10/2006

GE MONEY SETTLLED IN FULL £400

Barclaycard Me and Mrs SARS sent 19/10/2006 settled £350

Welcome Finance PPI 2 accounts one settled £1018 waiting on other

GE Money PPI 1 account settled 8/5/2008 £560 2nd account SETTLED IN FULL £3,599.78p 15thAugust 2008

Lloyds TSB PPI CC complaint sent 10/04/2008

Black Horse PPI with FOS 20/05/2008

HFC PPI complaint sent 22/05/2008

 

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Tracy sorry you are the OP also the same applies to you i think

Lloyds TSB (SARS) request sent 9th June 2006

£2191 Moneyclaim Issued 11/08/2006, Acknowleded 17th August Defence 14 Sep, AQ returned 5/10/2006.SETTLED IN FULL £2,670 26/11/2006/ Lloyds Credit Card SETTLED IN FULL £267

MBNA SETTLED IN FULL 15/09/2006 £829

Citicard (SARS) request sent 22nd June 2006 Moneyclaim issued 19th Sep, Defence and AQ received 5/10/2006, AQ returned 5/10/2006, part refund received 10/10/2006

GE MONEY SETTLLED IN FULL £400

Barclaycard Me and Mrs SARS sent 19/10/2006 settled £350

Welcome Finance PPI 2 accounts one settled £1018 waiting on other

GE Money PPI 1 account settled 8/5/2008 £560 2nd account SETTLED IN FULL £3,599.78p 15thAugust 2008

Lloyds TSB PPI CC complaint sent 10/04/2008

Black Horse PPI with FOS 20/05/2008

HFC PPI complaint sent 22/05/2008

 

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  • 8 months later...

Hi

 

Im looking for help reclaiming PPI from Blackhorse.

I took out a loan with them in 2006.

My loan was for £1500 and

the monthly payment for the loan would be £60.96

they added PPI totalling £506.53 and

the monthly payment for that was £13.69.

This meant my monthly payments would be £74.67.

 

I paid this amount for 2 months then got a further loan with them.

The new loan (which includes the first loan) amounted to £3000.

Loan amount of £90.03 a month and PPI of £23.63 a month.

Monthly payments of £113.66.

 

I paid this amount for 13 months until I realised that I was mis sold PPI and cancelled the PPI with them in October 2007.

My payments with Black Horse without the PPI are now £102.00.

Firstly can I ask anyone if they know why my payments are not £90.03 as the PPI is now taken off and where can I find a spreadsheet to calculate the interest.

 

I have calculated that they owe me £13.69 x 2 and £23.63 x 13, but still querying why I am not paying £90.03.

 

Any help would be appreciated.

 

Thank you:D

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Hello Tracy,

 

The ppi would have been a single front loaded policy, this means that you pay the majority off at the start of the loan and when you cancel they refund what you haven't pay into the balance of the outstanding loan. So there is not that much refunded and this is why your payments don't reduce by much.

 

Many ppi's do not even cover the term of the loan, If you take out ppi on a 5yr loan, it may only cover you for 3yrs:mad: So if you needed to claim in year 4yr, well you ain't covered.

 

Start the reclaiming process stating your reasons for mis-selling

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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  • 1 month later...

Hi

 

Can anyone tell me where on the site I can find a template for a LBA for PPI. I have sent off the request letter nearly 5 weeks ago to Blackhorse asking for mis-sold PPI and received a letter back saying they were investigating and I would hear when they have finished their investigation. I want to send an LBA as I think they have had enough time.

 

THANKS

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Hello tracy,

 

Have you sent a Subject Access Request? IMO I would suggest a SAR first, so you can obtain all of the data blackhorse hold on you and your loan.

 

Data Protection Act 1998 - Subject Access Request

 

This will give them 40 days to provide a true copy of your credit agreement, terms and conditions applicable to that agreement, up to date statement of account, and any other files, documents, recordings they have referring to you and your account. If they do not provide a satisfactory response within the 40 day statutory period or you believe there is missing information you can then complain to the Information Commissioners Office for their failure to comply with the Data Protection Act 1998. I would suggest you gather and prepare before proceeding to Court.;)

 

Can you post what grounds you are claiming mis-selling on please?

 

Have you seen all the information in the stickies at the top of the forum?

 

If you also go to the Financial Ombudsman Service they will be able to offer advice to you to get you started the FOS takes longer but removes the burden of Court proceedings especially if you do not have the full set of documentation.:eek:

 

Hope this helps but here is the LBA link for you should you decide to proceed down that route.

 

Letter before action - Bank charges

 

you can use this for PPI as well.

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Hi Alanalana

 

Thanks for your help. Yes I do have a SAR. I sent off for that ages ago and have now sent my letter with a breakdown of the charges to them. I believe they have missold me the PPI as when I took out the loan I was never given an option of whether I wanted it or not. I was lead to believe that it was compulsory or I wouldn't get the loan.

 

Thanks again:D

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  • 3 weeks later...

Hi

 

Yesterday I received a reply back from Blackhorse informing me that they haven't missold me PPI (they did!). Can someone tell me where I get the LBA template letter from?

 

Thanks

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Lba For Ppi

 

already posted in your other thread.

 

tracyab you do not need to start a new thread for every post you can save the thread to your favourites and keep going back to it.

 

Just go to the submit reply at the bottom of your thread. This keeps you with one relevant thread with all the info in it:)

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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hi, tracey,

I have had the same response off blackhorse. they are one of the worst to claim off. if your loan is before Jan 05 they are not regulated by the FSA.

in the end i found a solicitor to take my claim on.

thought this was the best option, with them playing hardball so can i.

Oh & the solicitor has funding to cover insurance incase of loss, so i have not had to pay anything. i get 100% of my claim + interest + compansation, also their looking to make the loan unenforceable.

dont give up if it gets hard there are options out there.

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  • 2 weeks later...

Hi

 

I have just had a phone call from a company asking if I have an HP agreement for car finance, as they can investigate if my agreement is unenforceable. I told them I wasn't interested as I would be able to do this on my own. Is there anywhere where I can read more about this and may be get my credit agreement checked or is it better to go with one of these companies.

Thanks

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If you want an opinion on whether its' enforceable or not - post it on CAG - remove anything that is identifiable and we'll tell you what we think

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Hi

 

I have uploaded an agreement I have with Blackhorse for a loan.

The attachment named Blackhorse 1 was sent to me by BH when I requested missold PPI back from them.

 

The second attachment is the credit agreement that they sent to me after I took out the loan.

The differences between the two are that the copy of my agreement (attachment 2) does not have my signature on it, but the agreement they sent to me (attachment 1) has my signature on it twice

 

. I do not have a copy of the agreement that they sent to me (attachment 1).

 

I would be grateful if someone could have a look at this for me.

 

 

http://i614.photobucket.com/albums/tt223/tracyab1972/Blackhorse1.jpg

 

http://i614.photobucket.com/albums/tt223/tracyab1972/blackhorse2.jpg

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Hello all,

i have asked hsbc to produce my credit card agreement with the £1 postal order. i had this returned yesterday and they have asked me to sign the letter to corresspond with their docuements. by law i do not have to sign my letter. but i can't find the template of the letter i need to return to them stating my right on this! help anyone pls?

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  • 5 months later...

Ive won my missold PPI back from Blackhorse by going through FOS.

I had to wait around 3 months for FOS to look at my case due to the massive backlog they are dealing with, then after eventually hearing from them,

 

they wrote and told me the good news that I was getting my money back.

Blackhorse haven't admitted to misselling, but FOS have told them to compensate me with an extra £200.

 

So, I thought great, I will get my money back, which is desperately needed.

 

However, Blackhorse have told FOS that it may take them up to 12 weeks to give me my money back.

This isn't good enough and I just want to let people know that if they have a claim in with this company then don't hold your breath for your money being paid back in a reasonable time limit.

 

FOS say that they realise that this is unacceptable, but can't do anything about it. If the consumer owes money to companies then we are harassed and bullied by these companies, but it is okay for them to dictate when we get our money that is rightfully ours. This is not acceptable:-x

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In that case, have a look at this extremely interesting thread.

 

There is no reason why you should have to tolerate such a scandalous delay.

 

You could consider giving them 7 days to pay up or you will enforce the decision though the cost together with interest and costs.

 

Try it. It will be automatic.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/226473-aic-amex-ignoring-fos.html

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Thanks Bankfodder. I think I will call them tomorrow and ask them when I will be getting my money back. If their answer isn't within reason then I think I will take this route too. It's an outrage that first of all consumers are being cheated out of their money, but then have to wait until banks etc. can be bothered paying up. As you may be able to tell I am furious with this. Once again the consumer comes loses out once more!!!!!

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  • dx100uk changed the title to Blackhorse PPI V Me **WON**
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