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

[jj69]

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

 

 

Sorry for late reply.

 

 

.first things first

don't worry,

not worth your health belive me..

 

 

if you have requested cpr31.14

they have to provide it and this is a defence in itself if they do not.

 

 

..I actually used it first as BH did not provide me the info straight off so I submitted that to the court.

 

As for the CCJ part a court will only recommend you pay what you can afford so again BH are doing themselves no favours.

You have done the AOS so thats a good start.

 

Get all your docs together then send off another offer letter,

even at this stage it wont look good to a judge that BH wont cooperate.

 

Dont worry there are so many processes first before it gets to court,

 

 

I even took mediation but as I stated BH just threw in the towel.

[mkb]

Thanks for the support

 

Have written another offer & this time have said that if they proceed with court action, the amount ordered by the judge would be the same or less

[jj69]

Thanks for the support

 

Have written another offer & this time have said that if they proceed with court action, the amount ordered by the judge would be the same or less

 

 

Well done just remember to put the basic information in any letter don't give them any assistance by adding extra parts.Let them work out for themselves what the law is on consumer credit.

Don't forget to push for the CPR31 request.If you have no docs send a letter off stating that you are still waiting for them to comply.You can submit a defence to actually state that as a defence that you have no documentation in which to form a defence.I did that.

I also went down the mediation route when I filled in docs for where the case was to be allocated and asked for a months stay as well,all in my favour just allowed me extra time to produce more documentation but by then BH had thrown in the towel.

You have things in your favour by continuing to pay BH and communicating with them

[mkb]

Right chaps (& chapesses ), I really need you opinions.

 

Letter from Black Horse upholding my PPI complaint (without liability of course!) & applying the refund plus interest to the a/c which is in arrears hence court claim. Additionally they have reduced the monthly due figure to the amount it would have been without PPI.

 

I've worked out that with the refund plus interest plus payments made, the a/c is NOT in arrears so what'll happen about court claim. I can't see how they can take me to court if a/c not in arrears but this is maybe too simplistic

 

I have taken the figures from start of loan (July 08) so 15 months at revised sum = £3017 - £2763 (PPI without the interest) = £254. Interest so far on PPI is £308 plus the payments I did make means a/c should actually be in credit.

 

Any suggestions? Clearly this makes a big difference to my defence if they don't withdraw their claim but how do I get this across to them?

[andie_303]

Amazing news well done on the PPI - hope the letters helped a little towards that.

 

I think you should send them something along the lines of.......

 

Dear Sir/Madam

 

Reference:XXXXXXXXXXXX

 

You have recently upheld my complaint for mis-sold PPI and have agreed to refund premium of £XXXX + interest totaling £XXXX.

 

You have recently instructed court proceedings on my account due to arrears of £XXXX, however those arrears were made up of including £XXXX of now admitted mis-sold PPI.

 

My calculations show with this refund my account is now in credit.

 

Therefore I know believe your claim should be withdrawn and my monthly payment reinstated.

 

Should you disagree with this position I ask for an explanation in writing within 14 days.

 

If I have not heard from you before this time I will petition the court to strike out your claim on these grounds.

[mkb]

Thanks andie

 

Yes, I feel it's a hollow victory but a victory nonetheless

 

Will be getting the letter off tomorrow so they have it Monday. I've adjusted it to 7 days tho cos I'm mindful of the dates for court actions.

 

Update to follow......

[mkb]

Just how stupid do **** think we are?

 

Got this letter & see that they expect us to return the court papers TO THEM! Also had to laugh at their generous offer of extra time - the date they give is 2 days after defence is due!

 

http://img132.imageshack.us/img132/559/scumh.jpg

 

Still no response to CPR 18 (sent 18 instead of 31.14 cos we haven't got statements showing any late fees etc) but 14 days is up today so we'll see what Mr Postman brings.

[mkb]

No response from BH re above letter nor from **** re CPR 18 request but did get my SAR back today & I'm so angry that I'm shaking :mad::mad:

 

On a date before BH issued proceedings, I find this

 

 

http://img101.imageshack.us/img101/6687/bhfromsar.jpg

 

This suggests (and maybe even proves) that legal action has been taken BECAUSE they have deemed that we have equity in our home. IS THIS ALLOWED?

 

I would also love to know where they got their valuation from since no-one has been in our home for that purpose. A lot of the other info on here is also incorrect but it suits me - if they can't be arsed to check then so be it!

 

OOOOOOOOOOOOOOO I AM SO MAD ABOUT THIS!!!!!!

[andie_303]

ooo flat out cheek!!

 

I would write to them again and say as you have failed to repsond to my letter I have no option but to bring this matter to the courts attention.

[AndyOrch]

If you believe that the amount of the debt is incorrect, you have the right to dispute it. Remember that the Claimant has the burden to prove that you owe the amount detailed in the Summons.Simply produce evidence that the PPI was refunded and the amount claimed is now invalid which effectivly should render the full claim invalid.Which is invalid anyway as it was issued with miss old PPI initially.

 

Regards

 

Andy

[mkb]

Hi Andie & Andy

 

The PPI hasn't yet been refunded as far as I can tell but I have the letter saying that it will be, subject to my agreeing not to pursue it any further.

 

The figure in their POC includes the PPI so is therefore incorrect.

 

I will, with your help, be using this in my defence if they don't withdraw. Need to submit embarrassed defence this week as still nothing from CPR request or is there a better alternative seeing as the PPI is included?

[AndyOrch]

You could simply speak to the Sols acting pointing out the fact and either they amend the claim or even withdraw it and you will agree not to persue.You are holding all the aces here mkb so act now,a simple phone call could bring this matter to an end.

 

Regards

 

Andy

[mkb]

Have just chatted with OH about your suggestion Andy but we're thinking that if I speak with **** & they agree to withdraw then they would still be able to come back later for another try cos I can't pay the contracted monthly instalment & at that point, I would have no aces left to play cos the PPI would have been refunded.

 

By not withdrawing they have to prove their case & we know this can't be done so stand a much better chance of getting it completely overturned on the basis of the PPI mis-selling.

 

I would value your opinion & recommendations to try & get this put to bed once & for all.

 

Thanks

[AndyOrch]

Discontinuance and subsequent proceedings

 

38.7

 

A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if –

(a) he discontinued the claim after the defendant filed a defence; and

 

(b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim.

 

 

Ithink that covers it:wink:

 

So in that instance they are scared to death of you persuing it and in that case you demand they issue a NoD and that will be the end of the matter.

 

 

Andy

[mkb]

Sooo - If I understand this, I need to do the embarrassed defence first then invite a NoD?

 

(Sometimes need things spelt out to me )

[AndyOrch]

Correct if not already,you could just submit a short holding defence vis a vis MCOL anytime now, and then put your plan into force.

 

 

Andy:D

[mkb]

Thank you!

 

MCOL will be done forthwith then plan actioned - now why isn't there a smile for an evil laugh

[AndyOrch]

Clever stuff this litigation mkb

 

I wish you well with your plan

 

Regards

 

Andy

[mkb]

Just doing MCOL now but don't know if I should be making a counter-claim?

[AndyOrch]

Just doing MCOL now but don't know if I should be making a counter-claim?

 

Hold fire on the CC for now just submit the defence

 

 

Andy

[mkb]

Now got confirmation that my embarrassed defence has been sent to ****.

 

Haven't got the bottle to ring **** so need to write to ask them to either withdraw or ammend their claim. I obviously would prefer that they discontinue

 

I am aware of the recent case of the woman who was 'let off' with £8k but a) was county court so not binding & b) her agreement was unenforceable irrelevant here as mine is a recent agreement so enforceable for that reason alone

 

Any suggestions on what to write so that I get the preferred action?

[spookey]

Bump ing thread for mkb ....

[mkb]

Hiya

 

This is what I've drafted but would appreciate your opinions (as always )

 

Dear Sir

I write regarding the above case.

My defence was submitted to the Court on xx/xx/2009 & I have been notified by them that a copy has been forwarded to yourselves.

However, I wish to point out that the figures you are claiming are incorrect on the basis that your claim includes sums towards a Payment Protection Policy (PPI).

I have disputed with Black Horse the fact that I was mis-sold the PPI by their failure to ensure that this policy was appropriate for me given my circumstances at the time.

In a letter to me dated xx/09/2009, Black Horse agreed to reimburse the sums paid for this policy provided I make no further claims in respect of the mis-sold PPI. Since your claim was made before this date, I cannot accept the offer of reimbursement with no further claim.

Given that the PPI was included in the agreement & given that I now have their agreement that it was mis-sold, I believe that the entire agreement has now been brought into question.

On that basis, I believe that your claim should be discontinued.

As I have served a defence with the Court, I trust you will seek the Courts agreement to discontinue your claim & I look forward to receiving your Notice of Discontinuance in accordance with the Civil Procedure Rules 38.3

Looking forward to your replies so I can get it posted before the strike

[AndyOrch]

Excellent MKB

 

Perhaps as an addition any adverse info registered with the CRAs to be removed or is that pushing it;)

 

 

Regards

 

Andy

[mkb]

Excellent MKB

 

Perhaps as an addition any adverse info registered with the CRAs to be removed or is that pushing it;)

 

 

Regards

 

Andy

 

LOL - gotta be worth a try