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    • Hi,  I guess the DCAs have come out of hibernation as my friend has had a Claim Form today.  Honestly I feel like I have addressed this one but she can't find the folder box I gave her to keep all this nonsense in, but then the claim form has no information you could realistically use to find out what its from anyway(JD has a few names under their umbrella and she has had accounts with most of them over the years, some repeatedly as they keep lending to someone with no income.  Its ok at the start when its only a little bit but they rapidly put it up and up until she owes in the high hundreds/low thousands instead of the £150 she is initially given, she always intends to keep it in good standing but there is a massive difference between paying £20 a month and over £100) and the usual poor grammar that should be an embarrassment to any normal legal firm, but I suppose these people have no shame.   Anyway, I assume its the same respond for more time and send off a CPR and CCA?   Name of the Claimant ?   Cabot Financial Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 22/02/2021   Particulars of Claim   What is the claim for – the reason they have issued the claim?  By an Agreement between JD Williams Ltd RE Jacamo & the defendant dated XX ('the agreement') JD Williams Ltd RE Jacamo agreed to issue the Defendant with a credit account.  The Defendant failed to make the minimum payments due.  The Agreement was terminated following the service of a default notice.  The agreement was assigned to the Claimant.  THE CLAIMANT THEREFOR CLAIMS 1.8XX.XX 2. costs   What is the total value of the claim? £8XX.XX    Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes   Did you inform the claimant of your change of address? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Catalogue   When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes   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. Debt Purchaser   Were you aware the account had been assigned – did you receive a Notice of Assignment? Possibly, she was(and is) very poor at keeping and responding to correspondence.     Did you receive a Default Notice from the original creditor? Possibly, she was(and is) very poor at keeping and responding to correspondence.   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Possibly, she was(and is) very poor at keeping and responding to correspondence.   Why did you cease payments? More than she could afford.     What was the date of your last payment? No Idea as we do not not which account it is for.     Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Possibly but can't say for sure.    
    • Thank you Andy/Dx   UPDATED Defence, 3 days remaining.   Not sure where to mention invalid PAP. I put it under number 5. Please check if this is good to go.   Defence   The Defendant contends that the particulars of claims are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any allegation to which a specific response has not been made.   The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) – failed to serve a letter of claim pre-claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   1. I have in the past had financial dealings with Lloyds Banking Group. I do not recall the precise details of the agreement and have sought clarity from the claimant.   2. However, I do not recall ever receiving a Default Notice pursuant to sec 87(1) CCA1974.   3. I do not recall ever receiving this notice pursuant to sec136 of the Law of Property Act 1925.   4. I do not recall ever receiving a letter of assignment from the Lloyds Banking group advising the debt was assigned to the claimant.   5. Claimant served the invalid PAP with no connection to their court claim,   6. On receipt of this claim I sent CPR 31.14 and section 77 request. The claimant failed to provide a valid copy of the agreement and therefore remains in default of said request.   7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:-   a) show how the Defendant has entered into an agreement; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence service of a Default Notice/Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.      
    • no.   i wonder if the OP is entitled to CTAX benefit, thats only available from the relevant council...most on UC can get it..   but your MP is by far the most successful route to sorting these issues we've seen here to work.
    • dx100uk  unclebulgaria67   OP is on UC.   Could the council apply for weekly amounts to be deducted from UC claim ?
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Blackhorse keep changing default date everytime in gets near 6yrs


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I know the feeling . Black Horse Finance is run by disorganised ****

 

8

Here's an outline of of my case progress so far:-

 

83% paid off. THREE County Court hearings. Want the score so far? Read on... Magistrates' Court Act 1980, Criminal Justice Act 1967 come to mind. See complete Tables of Events for Hire Purchase and / or Personal Loan on web site.

.

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caggers are warned not to exchange details with the above until it can be varified

 

thank you

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

If the 40 days are up, you need to write and give them a "kick up the bum"

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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hello spies 4 guests now!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Sorry to hear about your plight with BH. The information you have recieved off here is absolutely the right way to go. You have two issues (a) BH fudging the DN info

(b) Info held by the credit reference agencies. Personally, I would chase the SAR to BH, as once this is cleared up you have the ammo to bounce back at the Credit Ref Agencies. If BH do not comply you can also use the recorded delivery letters as proof to the Cred Ref Agencies too.

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all 3 credit agencies have now inspected my claims and removed the black horse account from each of there files

 

however still showing is monthly checks from debt collectors chasing up the debt on black horse behalf

my SAR request to Black horse been ignored and the cheques not cashed although recorded delivery shows signed for

 

If this is ilegal then they cant get into much trouble from it or it definately isnt worrying them

I have information from experian equifax and first call all showing black horse filing a account in June 2010 at the end of the default then in July 2010 nothing from them but reinstating a new account with new default date in September 2010

Credit expert and I quote after a lot of complaints and me demanding my SAR investigated thoroughly and concluded Black horse are outside the rules and guidelines in my case and should they continue would not be allowed to use there service

 

We hear of these rules and guidelines but basicly nothing happens

Ive complained to The Information Commissioner's Office and can show on paper they have repeatedly done this for over 8 years on all credit agency sites

 

and recieved nothing in return

honestly its all talk unless i find a solicitor and one that will fight not just take my money and talk it goes nowhere and Black horse know it

Its so blatant its almost laughable

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  • 1 year later...

Forgive me for reviving this 2 years after you guys sorted this

For the 3rd time black horse has wrongly suddenly entered on all the agencys the same loan details and a new default date.

Im a member of credit expert and immediately this was confirmed via phone and the company rang black horse to inform them once again of the re issue of this placed a note on my credit file and a week later it was removed from Experian.

 

Im fed up 3 times now I have proof thatBlack horse changed default dates and submitted the entry to all refrence agencies yet im told this is totaly ilegal.

Bad news is im now financialy solvent and willing to pursue this I currently spend nearly £50 a month for past 10 years just to rectify this every time they do so.

The default has again ruined my credit history causing me both emotional and finacial problems.

Can someone please advise on what to do im sending Blackhorse a SAR again now

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Have you made a formal complaint to the ICO?

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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As it stands the last time they just removed the default and returned the cheque

Then a week before xmas i get the alert and log in to find the default is back again.

This time i ring credit expert who intervene on my behalf

Ive had mail its been removed from Experian but not the other agencys

 

Our Ref: EXP/41037541

 

Dear Mr P~~~~~~~

Thank you for your telephone call, which we received on 21 December 2011.

 

YOUR QUERIES:

- Black Horse (Account started 18/12/01)

I HAVE REVIEWED YOUR REPORT AND CAN TELL YOU THAT:

The account has been removed.

- Arrow Global (Account started 05/04/2006)

 

WHAT I AM DOING FOR YOU:

I am contacting the company concerned for you. This is because I cannot amend the information without their consent.

I will let you know what they say as soon as they reply.

 

Whilst I investigate your comments

you can add the following statement to the information you have queried.

 

"THE CONSUMER HAS DISPUTED THE ACCURACY OF THIS ENTRY AND WE HAVE THEREFORE ASKED THE PROVIDER TO INVESTIGATE IT.

GIVEN THAT THIS DATA IS DISPUTED,

PLEASE TAKE CARE IF MAKING AN ASSESSMENT OF ANY KIND THAT MAY INCLUDE THIS DATA."

 

WHAT NEXT:

Let me know, by return email, if you would like the above statement adding to your report.

 

Kind regards A~~~~~~~ Customer Service Representative

Customer Support Centre

Experian Operations Experian Limited,

 

a company registered in England and Wales with registered number 653331 and whose registered office is at Landmark House,

Experian Way, NG2 Business Park, Nottingham, NG80 1ZZ

 

To: EXPEMA Information in this e-mail and any attachments is confidential, and may not be copied or used by anyone other than the addressee, nor disclosed to any third party without our permission. There is no intention to create any legally binding contract or other binding commitment through the use of this electronic communication unless it is issued in accordance with the Experian Limited standard terms and conditions of purchase or other express written agreement between Experian Limited and the recipient. Although Experian has taken reasonable steps to ensure that this communication and any attachments are free from computer virus, you are advised to take your own steps to ensure that they are actually virus free. Companies Act information: Registered name: Experian Limited. Registered office: Landmark House, Experian Way, NG2 Business Park, Nottingham, NG80 1ZZ, United Kingdom. Place of registration: England and Wales. Registered number: 653331

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Have you got documentary proof of the

original default dates,if so as Cerberus says

complain to the ICO asap, also a complaint

to the OFT will help.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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bad news despite what they say its still there

 

ARROW GLOBAL LIMIT... Loan Default £7,303 18/12/2011 Hide

ENTRY NUMBER: C5

Name: MR D******* Address: ******** **** Company name: ARROW GLOBAL LIMITED Who's this? Account type: Loan Started: 05/04/2006 Default Balance: £7,303 Current Balance: £7,303

 

Defaulted On: 05/10/2006 File Updated for the Period to: 18/12/2011 Status history:

[] brackets indicate most recent months status [ hist_8.jpg ] What's this? Note: A defaulted account is removed from your report after six years whether or not you have paid the debt in full. If you have paid some of the debt off, the balance should show how much you still owe.

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I paid for 10 years now for my report to be monitored because of this

and downloaded every month

 

as you can see above clearly this entry is the first one with no history with a 2006 start date

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Arrow Global is a debt purchase company

you can view the explantions on your online

report by just clicking on them.

See my advice in post 52 it is

the way forward, letter tennis is getting

you nowhere. imho.

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We tried this

they claim they are only acting on the information given to them by there client Black horse

problem is Black horse use a diffrent company every time and so credit expert mail them etc it gets removed as experian cannot remove it even though they can see its false

 

Im told its a big offence to report it etc and now going to 100% but what I dont understand is if its a big offence whey Black horse keep on doing this when its clear to everyone

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Incompetence!!!!!!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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ok so who do i go to the information commisioners office?

 

I do not accept this as imcompetance for 13 years this problem repeatedly occus and causes me so much upset not to mention locking me out of possible deals i could get.

Ive been hounded and abused by blatant misleading lies had to suffer it until reading you guys advice started keeping paperwork (best advice ive read)

 

So they are wrong repeatedly and ive not just got the evidence on a single occasion but repeated blatant mis information bieng used to hound me into paying money in a systematic way

 

Surely this has to be ilegal?

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Go to the ICO website there is all the info there

for makng a complaint.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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What about taking out an injunction against them to demand that they no longer report on a statute barred debt? Is that an option?

 

if its legal to take the injunction out im in a position to proceed

 

might need to consult a solicitor

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What about taking out an injunction against them to demand that they no longer report on a statute barred debt? Is that an option?

If there is a way of doing this its a route i would take as it goes has this been done before?

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I only mention it as I had a problem with a parking ticket early last year. (I didn't know about the ticket and had issues getting into my mailbox. - It was full up from me avoiding everyone chasing me! Long story but it's all in the past now.) In any case, I engaged a 3rd party and we took them to court proving they'd not in fact issued a warrant and demanding that they return it forthwith. Fortunately for me, after a lot of blustering, the day before the hearing they backed down and returned my car. I really would get proper advice but the compelling point is that if what they are doing is unlawful (reporting on an out of time / statute barred debt) then a judge will demand that they no longer carry on with such actions. Failure to obey a judges instructions will result in someone going to jail. The companies really do listen when they get a court summons. (I know that the guy I used has been to court and I believe he's won many times.)

 

As an aside, the council did threaten me with legal fees if I lost (£5k lol) so I'd definitely make sure it's checked by someone that actually knows what they're doing but it really helped me. Still got the car now. :o)

 

(The worst thing was, if the bailiff had just knocked on the door and told me and charged me the fine plus £50 or so, I would have just paid it, but they're greedy liars and they got nothing.

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This seems to be going nowhere at present, have you at

any time used a Subject Access Request to Black Horse??

I am unclear as to who now actually owns this debt!!!:???:

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Please Consider making a donation to keep this site running!

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Im told by Experian Black horse say they own the debt

 

Funy thing is there is no debt ill explain why in a minute

 

Every time Black horse give the debt to a collection company the change the default date.

Credit expert notify the colection company who then check back with Black horse and delete the entry.

This is the 3rd time colection companys have done this now that I can prove but it has gone on since 2001

 

The story is in 2000 I bought a nearly new vectra and also at that time we had to take out PPI

within 3 weeks I was involved in a major traffic accident leaving me disabled and in hospital for nearly 7 months.

I had car insurance and payment nsurance etc so it all got paid out

A year later Black horse informed me the protection insurance would not cover me as I had missed a vital clause of there terms and conditions - I hadnt informed them within 28 days personaly about the accident.

It might of been the fact for 14 days i was in intensive care and medical letters etc show this or the fact at the time my wife informed the insurance company and Black horse finance of the situation and didnt realise Black horse finance and black horse insurance were too diffrent companys.

Anyway in 2001 it all went away etc heard nothing until 2004 when they registered a default on my credit file

 

Challenged this at the time and got told the default date was the date of the last payment on the loan ( later the removed the default)

 

This happened again in 2004 and then I joined credit expert to monitor things

 

As you can read this stayed on my credit file until 2 years ago when it legaly dropped off and a month later they re inserted it back on with yet again a diffrent default date

It was challenged after advice here and removed.

But xmas time it was back on again, a single default that crippled my credit rating yet again

its harrasment and realy making me physicly ill.

And the worst thing is its just demanding money and making my normal day to day expences expensive in the hope I agrea to pay it.

Im also told its ilegal and cant be done yet its happening once again and who do i complain to?

I spoke to an advisor at the information comissioners office and if I remember they cannot take action over cases like this they are not there to punish they are there to oversea correction implementation of the system is enforced and to advise the companys and nothing else

 

They can refer the case to a court but this is never ever done full stop in a company the size of Black horse, I mentioned the forum and it was mentioned research things well as companys this size do not get punished

 

As you can see I am in despair if its so wrong and ilegal why cant i just ring someone up pass them the paperwork and lety them investigate it?

This time i have to seek proffesional advice make a case in full before I can complain even there (information commisioners) website states full documentation must be shown when complaining

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