Daughter's Black Horse loan

[dx100uk]

so although stratstones have paid us back in full would u ask them for the 8%.

 

they should have paid that, but we cant tell without figures

 

also u mention DN what is this,

 

default notice, i assumed as you said you had had all those from my process to ccj list, you knew what it was

 

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,

 

well yes, but you need to do a spreadsheet, you'll need the satement of account to do that - do some reading up on reclaiming charges on a loan.

 

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?

 

they are entitled to take any ARREARS only [not the full outstanding balance] from any reclaim you get

 

 

thanks

bill

 

dx

[1bill32]

sorry i havent been back on this site for a while as not been well,

with ref to the last post and updating things....

my daughter has kept up the payment but she has been told that the ccj she had against her could also have a charging order on it? how do we find out if this is the case, she has outher debts that are chasing her and i feel that they may take out ccj`s soon,,,the house is still up for sale and it will be 3 years in january it has been on the market...can anyone help please

[dx100uk]

phone the court named on the ccj and ask for clarification on the judgement [what it says] unless you have it already - sri not re read the thread]

also ask them IF a charging order or any other claims have been taken out since.

 

dx

[1bill32]

thanks very much dx, i will call the courts on monday morning and let u know what they say,,,thanks again for the help

[slick132]

HI Bill,

 

It might help us to know who said the CCJ may have a Charging Order attached, and what was being discussed.

 

This should not happen through the court without your knowledge.

 

8-)

Edited November 21, 2010 by slick132
changed would not to should not !!

[1bill32]

we have checked on the court judgement sent back to us and it has a letter fron b/h solictors saying that they may put a charging order on if she misses payments...

[dx100uk]

urm...

 

threat-o-gram me thinks

 

you might want to read this, to ease your mind too:

 

http://www.bbc.co.uk/news/business-11810763

[1bill32]

they sent it with the court order, and by the link u sent me it seems that they can do this i think??

[slick132]

Hi Bill,

 

I think they are correct, to an extent.

 

If YD fails to pay the agreed amounts, they can apply to the court seeking a Charging Order.

 

However, there's currently no CO attached to the CCJ.

 

Keep up the pay'ts and all is well. 8)

[1bill32]

can i claim the charges they have put on the account as most are double late payment charges??

[dx100uk]

yes!

nothig stops you from doing that

and at THEIR int rate compounded.

 

shame this was not know about at court time.

 

dx

[1bill32]

how do i do this and if we claim back the charges are these just wiped of the debt or do b/h have to pay them to my daughter??

[dx100uk]

have a read around or p'haps type in

 

reclaim loan charges

in the advanced search top right.

 

they will only be able to take ARREARS from any reclaim, the rest goes to your pocket.

 

dx

[1bill32]

sorry but i still do not know what you mean, the company black horse sent her to court and have added monthley charges to her account for missed payments and the solicitor fees and cout fees as well, she has been disputing this loan agreement with them for a while as it was for a car loan and origanly we thought it was a HP agreement but it now turns out to be a personal laon, b/h told her to satrt with she could not sell the car to clear the debt off as they had an intrest in it, then b/h solicitors said that this was wrong and she could have sold the car at any time as its a persional loan.....one big mess....now she has been taken to court and has agrreed to pay pay a min payment a month but is concerned that b/h may get a charging order on her house and she has a liitle child of 4 years old...me and my wife have moved into the house and helped her maintain the monthey mortgage as her partner left her with the child and no income...we just need to know what to do to help her....any help wil be appreciated

[slick132]

Hi Bill,

 

Check the statements for the a/c and identify any penalty charges that have been added to the a/c. These could be missed or late payment fees.

 

These can be reclaimed in full plus compound interest.

 

This can be done to reduce the balance left owing on the a/c.

 

8)

[dx100uk]

bill

 

you really need to stop going over old ground and keep yourself up to date on where things stand.

 

there is currently a CCJ - this amounts to £40 PCM - this must be paid without fail.

 

IF a payment is missed, then they MIGHT go back to the courts to get a charging order. MIGHT is the word here.

 

there are lots of unlawful charges on the A/C balance - these you can reclaim AND reclaim the rolling [compound] intererst they are charging each month on each one.

 

you need the statements for the account going back to the day it was taken out

 

if you have not got the statements, then you need to SAR whomever levied these unlawful charges to get the statements.

 

pers i think you should also revisit this PPI/insurances repayment you got - i do not think you were paid back everything you should of gotten.

 

 

 

as a last point - if you think that the repayments [the £40 currently being repayed as a result of the CCJ] is ever going to be not paid because of financial troubles - then you need to apply to the court for a redetermination BEFORE you do miss a payment. DONT let it get missed or suffer because it is too higher sum - act BEFORE it gets that bad - then you will ensure they cannot ever get a charging order as well as a CCJ.

 

hope this helps

 

dx

[1bill32]

i have already done a sar on them, how do i calculate the charges/interest to claim back??

[slick132]

HI Bill,

 

Reclaim the penalty charges in the same way you'd do with a credit card claim.

 

Read the Interest Tutorial at Link No3 in my signature. Use one of the spreadsheets in the Credit Card section.

 

i assume you have statements for the a/c if they've replied to your SAR.

 

8-)

[1bill32]

HI Bill,

 

Reclaim the penalty charges in the same way you'd do with a credit card claim.

 

Read the Interest Tutorial at Link No3 in my signature. Use one of the spreadsheets in the Credit Card section.

 

i assume you have statements for the a/c if they've replied to your SAR.

 

8-)

yes i have got them but just need to know how you can work them out what they owe us

[dx100uk]

at the bottom of slicks link 3

 

basically you charge them at THEIR int rate compounded from the date of each charge to the date of your claim

 

http://www.egalegal.com/compoundWindow.html

 

rests = 12

 

360 days

 

dx