Black Horse Loan & PPI DN's (case now in Court)

[andie_303]

Sure - try something like this.....

 

Ref:XXXXXXXXXX

 

Dear Ms Webb

 

I refer to my letter sent to you on xx/xx/xx and received by yourselves on xx/xx/xx, a copy of which is enclosed for your ease.

 

As you will be aware the prescribed 8 weeks for you to deal with my complaint is due to expire on 22/09/09 and therefore please expediate either your final response or refund with urgency.

 

Should I not receive either of these by the date above I will have no further option but to refer this matter to either the Finanacial Ombudsman Service or Small Claims Court where you may be liable for costs.

 

Yours Faithfully

[mkb]

THANK YOU

 

The 8 weeks is up on 22nd so this will be posted RD on Monday unless I've had a response by then (fat chance I hear you cry )

[mkb]

Eagerly opened letter from Black Horse today expecting a response to my PPI claim but what I got was:

 

You have not made the payments required by your agreement.

You must now pay us the balance outstanding under your agreement of £xxxx.xx

If you do noy pay we will be entitled to start legal proceedings against you. If we do so, you may also have to pay us legal costs.

If you need help, please telephone, quoting your agreement number.

 

So they have obviously now terminated the agreement but what happens about my PPI claim? Should I also be reclaiming charges on the account?

 

Thanks for your help as always.

[andie_303]

PPI claim MUST still be dealt with by them and yes you should be reclaiming charges.

 

I have done an F&F settlement with BH before as they do not read letters that comes with payment - they seperate the cheque and bank it before reading the letter.

 

May be something for you to consider - work out what they say you owe - deduct the PPI and the charges plus any interest and if there is any outstanding balance consider what you want to offer on that amount.

 

Something to think about anyway

[mkb]

Hi Andie - sadly I think there will still be too much outstanding to offer a F & F.

 

Ho hum - better get SAR off now then

 

Will keep updating cos I'm bound to need help with this one again

[mkb]

I posted a SAR on Monday which was showing as being delivered yesterday but a court claim arrived on my doorstep yesterday

 

I have no idea if the amount they are claiming includes PPI, arrears charges or their £30 'collection activity fees' since I've not had a statement from them ever. If they are then I will be defending the claim.

 

The 8 week period is up on Tuesday then I planned on reporting them to FOS but don't know what to do now......I have to acknowledge the claim today - help!!!

[42man]

Can you post up the particulars of the claim ? but leave off personal details and amounts ? Did they send you a default notice too ?

[andie_303]

My advice would be to acknowledge the claim and counterclaim against them for the amount of PPI and charges - don't just let them walk all over you cos they don't deem themselves to be able to answer complaints on time.

[andie_303]

Hi Andie - sadly I think there will still be too much outstanding to offer a F & F.

 

Ho hum - better get SAR off now then

 

Will keep updating cos I'm bound to need help with this one again

 

i didn't offer the full amount outstanding i sent a cheque from a 3rd party for about 20%

 

They didn't realise until after they banked the cheque and then read the letter that they now had to close my account as if they accept a cheque from a 3rd party detailing it's a f&f settlement there is nothing they can really do about it.

 

It took a while but eventually they closed my account and marked my credit file as settled. There were no negative markers from them on it but that would have been a condition of acceptance if they had.

 

I'm about to try it again with another company but this time i'm going for 10% and again hoping they don't read letters before they bank cheques

[mkb]

POC: http://img195.imageshack.us/img195/4293/bhpoc.jpg

 

DN 1: http://img6.imageshack.us/img6/6351/bhdn1.jpg

 

DN 2: http://img6.imageshack.us/img6/6882/bhdn2.jpg

 

Unless: http://img195.imageshack.us/img195/5788/bhaug20.jpg

 

TN: http://img268.imageshack.us/img268/9198/bhtn.jpg

 

DN's 1 & 2 arrived in the same envelope but are for different amounts so ????????

 

Stupid thing about all this is that I wrote to them on July 10 to say basically we have no money so here's an I & E with an offer of payment but I got absolutely no reply. IF they had agreed & communicated with me, I would have been paying in accordance with my I & E! I feel this action is totally unreasonable given that I was willing to pay but just couldn't pay the CMI.

[mkb]

 

I'm about to try it again with another company but this time i'm going for 10% and again hoping they don't read letters before they bank cheques

 

LOL - good luck & I hope it works

[42man]

OK this is a recent loan, and it is likely they have all the paperwork....so the crux of your defence will be the misselling of the PPI, and if indeed it has been missold then it would bring the whole agreement into question, but i'm not really savvy enough to give you a solid defence on this mkb, I think a look around other threads, and the PPI forum might help....if I spot anything helpful I will add it here....are you able to consult with a solicitor ? And how is the agreement looking ?

[mkb]

Agreement is enforceable sadly apart from the PPI & charges

 

I can't afford a solicitor that much I do know.

 

Because of PPI mis-selling, I intend to defend but doubtless will get hopelessly out of my depth!

 

How do I counterclaim for PPI & charges. Also, do I still complain to FOS or just deal with the court since they have issued a claim? (See - told you!!)

Edited September 17, 2009 by mkb

[andie_303]

I think you are best just to counterclaim it in court. When you acknowledge the claim you then get x amount of days to file a defence when you file your defence issue a counterclaim against them. If you're unsure how to do this ring the court that have issued the paperwork and they will tell you how to do it. The good thing about small claims is the judge will see you on your own and explain everything to you in non legal speak so you can understand it.

[maroondevo52]

Thread moved.

[mkb]

Thanks.

 

Please can anyone help?

Should I have had a LBA? Got notification dated 12/09/09 & CC Claim issue date 14/09/09!

Am I right in thinking this is unfair??

Edited September 18, 2009 by mkb

[mkb]

I have had no documentation sent to me other than whats been posted above so is a CPR 18 better than CPR 31.14 to get the docs they will be relying on in court?

 

The PPI mis-selling is not going to clear the balance (I wish) so I suppose I still get a CCJ for my efforts?

 

Please can anyone help with the defence? I've found a few holding defences but never having done this before, I'm so scared of getting it wrong

[jj69]

Hi jj

 

Alanalana has written a comprehensive post including links to reclaiming here

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/135060-mis-sold-ppi-want.html

 

Good luck with it - when I tried re-claiming mine from them, they slapped a court claim in rather than pay out

 

Thread here if you can help???? http://www.consumeractiongroup.co.uk/forum/legal-issues/211299-black-horse-loan-ppi.html

 

 

what happened with the court claim ? Did it go all the way in front of a judge ?

[mkb]

Only got the claim last week so did AOS & now sending for documents under CPR.

 

Not happy at all since, apart from the mis-selling of PPI, they totally ignored my offer of payment made in July (after I had to come out of a Paypal DMP cos I no longer met their criteria). I had 1 formal demand for the whole sum within 7 days dated 12th Aug then court claim dated 14th! HOW UNFAIR IS THAT???????

 

All I can say is that I am petrified! Have been advised to counterclaim for the PPI but have no clue how to do this & as yet, not got any further help

[jj69]

Only got the claim last week so did AOS & now sending for documents under CPR.

 

Not happy at all since, apart from the mis-selling of PPI, they totally ignored my offer of payment made in July (after I had to come out of a Paypal DMP cos I no longer met their criteria). I had 1 formal demand for the whole sum within 7 days dated 12th Aug then court claim dated 14th! HOW UNFAIR IS THAT???????

 

All I can say is that I am petrified! Have been advised to counterclaim for the PPI but have no clue how to do this & as yet, not got any further help

 

That is crap fella,

but not unusual as all these companies need to start raking back in the money since credit cruch and best way is via the consumer you and I.

 

Until I found this site I was peeing in the wind with DCA's etc

in fact do a search for JJ69 cos my first postings involved my house and missed mortgage payments

which Halifax took me to court in Jan09 and

went in front of a judge June 09 with £8000 arrears

put it this way I won,

kept my house

made all my payments and

now Halifax have wiped the 8k arrears and im back on track.

 

Anyway too much waffle but

I have won two cases so far against a payday loan comp and Black Horse,

both backed down when it got to the AQ part

..the secret a bit of knowledge of law and paperwork.

 

I have been paying black horse £40 a month (for about a year and a half )

instead of the supposed £254

just could not afford it but

they keep sending default notice god knows why.

 

 

.I actually ring up their call centre and tell them I can only afford £40,

fine they say and will review it 3 months down the line.

 

I noticed on my recent statement the BH have been charging me £30 each month on the account

so in fact I have only paid £10 off,

 

 

I have challenged them over this add to the fact the DN's and PPI

no wonder they backed down in court very underhand tatics to make money..

 

Firstly keep ALL of your documentation and statments showing payments to BH in payplan.

 

Write to them again submitting what you can afford,

dont give them anything else just say due to finanical restraints

and send it rec del..then keep a copy...

 

If they reject this send another,

 

 

get in as much as you can before court shows how unwilling they are too act.

 

Have you got your CPR request in for DN,CCA etc..?

[jj69]

That is crap fella,but not unusual as all these companies need to start raking back in the money since credit cruch and best way is via the consumer you and I.

Until I found this site I was peeing in the wind with DCA's etc in fact do a search for JJ69 cos my first postings involved my house and missed mortgage payments which Halifax took me to court in Jan09 and went in front of a judge June 09 with £8000 arrears put it this way I won,kept my house made all my payments and now Halifax have wiped the 8k arrears and im back on track.

Anyway too much waffle but I have won two cases so far against a payday loan comp and Black Horse,both backed down when it got to the AQ part..the secret a bit of knowledge of law and paperwork.

I have been paying black horse £40 a month (for about a year and a half )instead of the supposed £254 just could not afford it but they keep sending default notice god knows why..I actually ring up their call centre and tell them I can only afford £40, fine they say and will review it 3 months down the line.

I noticed on my recent statement the BH have been charging me £30 each month on the account so in fact I have only paid £10 off, I have challenged them over this add to the fact the DN's and PPI no wonder they backed down in court very underhand tatics to make money..

Firstly keep ALL of your documentation and statments showing payments to BH in payplan.

Write to them again submitting what you can afford,dont give them anything else just say due to finanical restraints and send it rec del..then keep a copy...

If they reject this send another,get in as much as you can before court shows how unwilling they are too act.

Have you got your CPR request in for DN,CCA etc..?

 

 

Sorry forgot to add that due to the wonderful people on this site I would not have got so far without their assistance and help.

I in turn will help anybody in a similar situation.We are not criminals just unfortunate with finances which we are trying to put right..

[mkb]

Firstly keep ALL of your documentation and statments showing payments to BH in payplan.

Write to them again submitting what you can afford,dont give them anything else just say due to finanical restraints and send it rec del..then keep a copy...

If they reject this send another,get in as much as you can before court shows how unwilling they are too act.

Have you got your CPR request in for DN,CCA etc..?

 

SAR was posted 14th & signed for on 17th.

 

CPR 18 going SD today - decided on 18 rather than 31.14 cos we have had no info from BH

 

Should we send our offers to **** or direct to BH?

(Frustratingly, we sent offers to them on 10th JULY but no response to that ever received by us.)

[jj69]

SAR was posted 14th & signed for on 17th.

 

CPR 18 going SD today - decided on 18 rather than 31.14 cos we have had no info from BH

 

Should we send our offers to **** or direct to BH?

(Frustratingly, we sent offers to them on 10th JULY but no response to that ever received by us.)

 

Would send them direct to BH as it appears they still have the account.Send another recorded letter with an offer.

I think they will back out when it gets to the AQ stage,after all I was in the same boat and have been paying for ages.

[jj69]

SAR was posted 14th & signed for on 17th.

 

CPR 18 going SD today - decided on 18 rather than 31.14 cos we have had no info from BH

 

Should we send our offers to **** or direct to BH?

(Frustratingly, we sent offers to them on 10th JULY but no response to that ever received by us.)

 

 

I would be tempted to go for CPR31.14 I they did send the info but it was invaluable because of DN, CCA etc..

Are you saying BH have never responded to any request for documentation ?

[mkb]

We've only recently requested it so dunno if they will provide it or not but we need something if we're to come up with a defence

 

The only thing that worries me about making offers is that we can only offer about 1% per month of the outstanding amount but then again I guess having a CCJ won't change that anyway - all this thinking about it is bad for my health

Edited September 21, 2009 by mkb