Daughter's Black Horse loan

[slick132]

Hi Bill,

 

Get them to confirm the acceptance in writing.

 

I don't think they should be adding any interest or fees to the account, now that it's in default.

 

That's just MY opinion - anyone else care to comment.

[1bill32]

i think u r correct...should i ask them to set aside the court charges as we would have offered them the 40 if they had have asked....i am sure a judge would uphold the 40 - (no interest and no coutrt fees/sol fees..what do u think

[slick132]

Wait until you have confirmation of their acceptance of your offer, so you can see the precise terms.

 

If they haven't written within 7 days, write to them setting out your offer and confirm you want their written acceptance with no interest or charges being added to the debt.

[1bill32]

the item back from the court is as follow

Judgement for Cliamant(acceptance)the the defendant

you have made a offer of payment which the cliamant has accepted.

it is therefore ordered that you must pay the cliamant 9,071.77 for debt(and interest to dat of judgement) and £345-00 for costs

you must pay the claimant a total of 9.416.77 by instalments of £40-00 a month the first payment to reach the claimant by 10/09/10 and on or before this date each month untill the debt has been paid

DATED 11/08/10

 

do i take it that this meens the interest is frozen or should i call and ask?

 

bill

[slick132]

Hi Bill,

 

From what you say the court has written, you can assume the interest will be frozen as the debt is confirmed in the figures shown above.

 

This confirms the claimant has been successful in getting the CCJ against YD and she is responsible for their costs of £345, which is included in the total owed.

 

Keep up the repayments and this should cause you all no further problems for now.

[1bill32]

cheers for that slick132, we will and hopfully we will get rid of the house as i have a feeling the prices will drop more

[1bill32]

they have sent the form through to us at 40 a month so looks like this is right then,,,still could do with selling the house

[slick132]

Hi Bill,

 

With the pressure removed from your situation, you can wait now for prices to pick up again hopefully.

 

[dx100uk]

as a side note

 

most BH loans have some for of GAP/or PPI

have you checked this?

also

don't forget if they have levied any unlawful charges [last payment/missed payment/phone call/letter

you can claim all those back too!!

 

dx

[1bill32]

thats great thanks, they have put loads of charges on this account so far,,, which ones could we claim back or have removed?

[dx100uk]

removed?

 

they can all be reclaimed to your pocket!!

 

if in doubt post the name of what they are calling it.

 

have a quick search for black horse in our advance search

you'll soon get the idea

 

dx

[1bill32]

so let me try and get this correct in my mind, if the court have made a judgement against us and we are paying the loan back at a reduced rate we can still claim back the charges they have put on the agreement??

[dx100uk]

you said you had no ccj????

 

 

anyhow

makes no diff WHAT state the loan is in

 

CCJ, Sb'ed, paid-off , forgotten

 

you can ALWAYS claim back charges [levied eithin the last 6 years]

 

any ANY insurance you paid [that has NO time limit]

 

dx

[1bill32]

as it says in this thread it is my daughters loan and she has had to make a offer of 40 a month and this was acepted....the ppi and gap insurance that was taken out i have reclaimed all that for her and the dealership that set it up admited she was miss sold.

blackhorse had taken out the court thing against her and she had already sent off the offer b4 i knew so i couldent stop it..the court has wrote back to her saying the judgement is against her and that blackhorse have accepted this 40 a month offer,,,,where will this leave her regarding claiming about charges?

[dx100uk]

concerntrate dx concerntrate

 

makes no diff

she can still reclaim the charges.

 

now this PPI/gap.

 

BH are renound for short changing people.

did you get everything back and the 8% stat int for what she has paid on the PPI till now

and the rest of the 'total cash sum for PPI' [not yey paid] taken off the outstanding balance?

 

dx

[1bill32]

no they just paid back all the payments, this was not blackhorse it was pendragon as they had sold the ppi and gap and this was not paid for out of the loan at all it was paid for seperatley

[dx100uk]

sorry for all the questions

i'm just making sure you got your just dues.

 

were you charged interest on the PPI/GAP?

if so you got that back too?

you should have done.

 

dx

[dx100uk]

and just one more thing.....

 

you say you had unlawful charges levied on the loan

was a DN issued before it went to court & did this inc charges to that point in its stated arrears figure?

 

if so, that makes it invalid and you can get this CCJ set aside.

 

dx

[1bill32]

sorry to sound thick but what is a dn ???

[dx100uk]

for it to go to court

it must have gone through a set process

 

warnings

default notice

termination

court

CCJ

 

dx

[1bill32]

correct these stages have all gone through, so what next?

[dx100uk]

as post 43?

 

dx

[1bill32]

the reason i only chased the ppi and gap is that stratstones who sold the car admited that they had set it uo and paid out within 1 week,

should we g back to them for the insurance and other things.

with blackhorse there was no ppi or gap on there loans,,how do i get there charges back?

[dx100uk]

charges and ppi are the same process

hit them with 8% stat int from the date they charged it or the [each] monthly ppi paid date to the date of your claim

 

this DN

did the arrears figure inc charges?

 

dx

[1bill32]

so although stratstones have paid us back in full would u ask them for the 8%. also u mention DN what is this, and how can i get the charges black horse have put on the loan(do in need to find out all the charges and write and ask them, and even if they did pay them back would they not just say that they would knock it of the loan? how do i get the cash back in my hand?

 

thanks

bill