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    • gives them a feeling of grandeur. dx  
    • yep they can be a bit like the TV licencing lot. for 4yrs ive been getting a series of about 8-10 diff letters that just go round a loop. currently upto 61
    • thread tidied. new thread for the court claim is here  
    • new thread created for this claimform please post here now for anything to do with it now . pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Which Court have you received the claim from ? Northampton  Name of the Claimant ? lowell Solicitors : Overdales solicitors  How many defendant's  joint or self ? Self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.  13 may 2024 What is the claim for – the reason they have issued the claim? 1. the claim is for the sum of £6163.61due by the defendant under an agreement regulated by the consumer credit act 1974 for hsbc uk bank plc. Account (16 digits) 2. The defendant failed to maintain contractual payments required by the agreement and a default notice was served under s 87(1)  of the consumer credit act 1974 which as not been compiled with. 3. The debt was legally assigned to the Claimant on 23/08/23, notice on which as been given to the defendant.  4. The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £117.53 the Claimant claims the sum of £6281.14. Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?   Not to my knowledge. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Do you recall how you entered into the agreement...On line /In branch/By post ? Online but it was for a smaller amount they kept on increasing this with me asking Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. It was assigned to a debt collection agency  Were you aware the account had been assigned – did you receive a Notice of Assignment? yes  Did you receive a Default Notice from the original creditor? Yes I also made offers to pay original creditor a smaller amount but was not replied to Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No Why did you cease payments? I was made redundant and got a less paid job I also spent some time on furlough during covid and spent some 3 months on ssp off work. What was the date of your last payment? May 2021 Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes at the time I communicated with all my creditor's that I was running out of funds to pay the original agreements once my redundancy money ran out that was when my accounts defaulted. I then wrote to all my creditor's with pro rata offers of payments but debt collectors took over the accounts.
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Black Horse Loan & PPI DN's (case now in Court)


mkb
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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

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  • 2 weeks later...

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.

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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

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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!!!

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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 :)

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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.

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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 :D

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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 ?

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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!!:D)

Edited by mkb
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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.

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Thread moved.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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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 by mkb
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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 :-o

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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 ?

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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 :(

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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..?

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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..:)

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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.)

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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.

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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 ?

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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 :lol:

Edited by mkb
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