black horse/SCM CCJ/unlwful CO - debt has PPI/charges

[toofiegap]

black horse had a CCJ issued against me after defaulting a 6000 loan.

 

 

I subitted my form back to them that I acknowlege the debt (not a wont payer) with my I&eE etc but defending against their astronomical charge with PPI adding 3000 onto what I owed.

 

 

The court wrote to me today with my 1.00 per month begining mid oct with the 3000 knocked off and only 350 court charges.

 

 

Happy days quite happy with this but does anyone know black horse paying in details so I can pay direct

[car2403]

Payments should be sent to the claimant on the Court documentation, with account references and claim numbers, etc. If you're looking to pay direct, you'll need to contact them to ask where the payments need to go - i'd suggest writing to them and getting a written reply, so they can't say you haven't paid by sending it to the wrong place

[dx100uk]

thats good so you got the PPI knocked off by the judge?

this look promising as most BH stuff ends badly.

 

i wonder if that can be done with the charges yoo.

 

dx

[toofiegap]

thanks car will do that today am happy that I was listened to rather that brushed aside by the system. DX when I answered the orignal claim for online I advised the courts of my situation (online think is was form n something I am so airheaded about these things) then added that the 3000 charges were disaportunate and not pertaining to the loan at all (I didn't even attend court. ) the judge seemed to just knock it off Happy days

[dx100uk]

thats a VERY interesting developement.

 

dx

[toofiegap]

Very interesting wish there was a way to find out as I am not going to rock the boat over this and going to pay as the court deems them all I do know is that any loans that are being accepted by BH are without PPI as they no longer sell it. if I am wrong someone please correct me . I'm just glad for a change that I won

[toofiegap]

We had a CCJ for a £3000 loan with black horse, paying a £1 a month, but due to problems with DWP we were left short and unable to pay, we also had no information who to contact to inform we were having difficulties.

 

 

we recieve a letter from SCM solicitors informing us they plan to take a charging order on the property we have actually sold!!!.

 

 

We contacted these bunch of cowboys on monday to inform them that the property was sold, and tried to make an agreement to clear the arrears and make a full and final settlement when the house was sold, to which they refused,

 

 

not only this there was no previous communication from them ie, no default notice and no letter before action, which we feel is wrong, but for the £3000 that was agreed with the court over the CCJ SCM now decided they want to take the charging order for over £6000,

 

 

having contacted the court who are to be dealing with this they seemed shocked and appalled by the way this company has tried underhanded tactics to try and secure the charging order on a sold property as not listening to us to try and resolve the matter,

 

 

it feels they would rather act illegally and take away the property for a small sum rather than accept a full and final figure which they refused, having looked into this on debt line website it claims "

 

 

• Sechiari Clark & Mitchell Solicitors - Blackhorse can not force you to repay more than you can comfortably afford each month. OFT Debt Collection Guidance July 2003 (updated December 2006) section 2.6F
  
• 
  
• If you make a reduced payment, Sechiari Clark & Mitchell Solicitors - Blackhorse can not refuse it.
  OFT Debt Collection Guidance July 2003 (updated December 2006) section 2.6F
  
• 
  
• Sechiari Clark & Mitchell Solicitors - Blackhorse can not add charges as a penalty for non payment, other than to cover the real costs of collections activity. OFT Debt Collection Guidance July 2003 (updated December 2006) section 2.10D
  

We have paid the arrears plus extra and were told this was not going to change anything,

having not recieved any previous communication we feel that this is severely wrong, a

 

 

ny further advice or help on this matter would be very much appreciated as with having already sold the property we do not wish for there to be any last minute complications.

[Ganymede]

How far along is the sale of you house? Have you exchanged contract yet?

 

There will be a period of protection where no changes can be made to the title just before completion so depending on how far along the sale is the Claimant will not be able to get a Charging Order registered.

[toofiegap]

contracts have already been signed awaiting completion date after a few niggles that need sorting out.

 

 

The ironic thing is that we do not have arrears on the ccj now even offered a F&F and the woman (if you can call her that) was told, told us tough, we are going to have this charge so deal with it, even after our sales solicitors sent them confirmation the house is sold they are claiming that they have not received any information, even tho a fax and DX was sent to them

[Ganymede]

contracts have already been signed awaiting completion date after a few niggles that need sorting out. The ironic thing is that we do not have arrears on the ccj now even offered a F&F and the woman (if you can call her that) was told, but just told us basically tough, we are going to have this charge so deal with it, even after our sales solicitors sent them confirmation the house is sold they are claiming that they have not recieved any information, even tho a fax and DX was sent to them

 

 

 

The property isn't sold until completion. The thing that confuses me is how can you have exchanged but not have a completion date?

 

In any event, if they only have a CCJ then it will be near impossible for them to apply for a Charging Order, have it granted and register it at the Land Registry before you complete.

 

However, the Claimant could look to place the charge on any new property you buy...

[toofiegap]

thanks for that It just seems to me that they are being obstructive with everything and are adamant no matter what we do or say they are going to have this charge even to the point of after a call yesterday informing LR of the actions I was also under the impression if a dispute is going on then all action was to be halted if this is the case why oh why do they still want the charge. call me paranoid if you will but I have a sneaking suspision they want the charge because of the equity in the property and as I was rude to her she just decided that she wasnt going to halt the action we were supposed to have been gone end last month but a wee problem which is being sorted put the exchange date back a couple of weeks or so in theory by the time the court case comes up we will be gone plus the fact that it seems that this 6000 odd is made up of ppi and as I have discovered that they only took money for ppi and not a penny went onto the debt

[Ganymede]

I really wouldn't worry about it preventing the sale of your house, although as I said there is nothing to stop a Charging Order application for your new house once you have moved.

 

I don't quite see why you would call the LR but that's not really important.

[toofiegap]

I didnt call LR she did just too conincidental that after the call yesterday morning we had a letter today stating the are going ahead and as for the new house how can they get a charge when we have already offered to settle once house goes through and they blatently refused to accept this

[Ganymede]

Ah I see sorry.

 

The Claimant will know about the equity in your current house and will want the charge registered in time to be paid in full from the proceeds of the sale. Hence why they are trying to rush this through but they still won't have anywhere near enough time.

 

As for your settlement offer, there is nothing to force a Claimant to accept a reduction if they don't want to - it's up to them. Why should they accept £5000 when the CCJ is £20,000 for example.

[toofiegap]

well considering that the loan was for only 3000 then they bumped it up with charges and ppi and only took the money for the dd when I was working for the ppi only THEN DECIDED TO GO FOR THE WHOLE CABOODLE I think that paying for the loan only is extremely generous in the least unfortunatly BH are being greedy and it seems that BH are not interested in resolving this all they want is the charge as the equity is huge so they can stop the sale then take the house I spoke to that woman again and she said I have no rights the law was on thier side and basickly deal with it (in fact she laughed at me)

[Ganymede]

I was only using random figures to illustrate a point.

 

I would stop calling them. They do not have a charging order and cannot get one in time to affect the sale of your house.

 

Even if by some miracle they got the charge registered (they won't) there is no point them trying to take possession when there house is weeks from completion. Also, they wouldn't be allowed!

 

Its all nonsense and they will not stop your sale.

[toofiegap]

I can see where you are coming from I am just so angry that these people get away with it. On a short note though our niggly little problem couls work in our favour dont kniow what you think basicly 50 years ago LR made a boobie and forgot to register a bit. accortding to thier bumph a charge cannot go ahead unless the deeds are in order which they are not what do you think could I use this as defence ?????

[Gaston Grimsdyke]

You say that you are now not in arrears under the CCJ. If that is the case, then they can't apply for the charging order. Simple. If they have already applied, then provided they get their final charging order before you complete your sale, they are in a position to demand full payment upon sale. Given that you say you have loads of equity in the property, why would they accept a reduced figure? They are entitled to whatever is left on the CCJ, if you think that amount is unfair it is something that should have been argued long before it got to CCJ stage. You also say that a 3K CCJ now stands at 6K. That isn't possible. Interest does not get added to a CCJ of 3K and they can't unilaterally add their own charges to it, only a court can add sums to a CCJ. How has it got from 3K to 6K?

[toofiegap]

its called hindsight LOL

we didnt realise until we looked into it what they had done (very sneaky on thier part)

 

 

Ill try and start from the beginning

2008 took out loan for 3000 was told (was a mug) if we didnt take ppi we couldnt have the loan

under duress we had to accept the ppi on several occasions

tried to cancel but they refused.

 

 

then when I had to stopped work they refused my claim

BH then decided even though I called them and asked for a reduced figure to pay until house sold they just said let it default.

 

 

then the sneaky begger went and got a ccj by default for the 6000 and I pay 1.00 per month until house sold.

it took them 6 months to even get a method of payment to me gave no indication where to pay or how.

 

 

got my book started paying

then they said I was 6 quid in arrears and they were going for the charge,

even though no default notice issued no correspondance received

to say there were problems no way to contact just a paying in book

 

 

I ultimatly paid these "arrears" and more and our sol sent them a dx and fax iro sale (they said not received) this gets better .

 

 

when we called our sols she immediatly refaxed etc to her when on the phone

called that woman back and she told us she only received this bacause she called our sols (been lied to)

 

 

now says again tough its not good enough Im going for the charge I have the law on my side and you have no rights and thought this was highly amusing too

 

 

We have now found out that according to LR if the deeds are not in order then they cannot do a charge

We have a LR problerm soon to be cleared maybe a 50 year old error will work in our favour

 

 

can I use this for the evidence as we now beleive looking right into this BH have not done thier homework if they had done it would have become clear

(a) our mortgage company would have told them that they have a redemption figure.

(B) the deeds are not in order

© they have been obstructive by refusing to try and resolve this and deciding a charge is what they want and nothing else will do .

[sillygirl1]

When they apply for a charging order they have to have a court hearing and if you are NOT in arrears you should be okay. They can also be done for abuse of process by the court.

 

I'd also report them to the Solicitors Regulatory Authority

[toofiegap]

thing was funnily enough I told her I would pay the arrear on the spot and she refused point black rather going for the charge in anycase I paid the arrears yesterday after the call with a bit on top. so until 11th next month I am clear of arrears but its still not good enough. I am compliling a defence for the court at the moment stating all the facts the only thing I am worried about now is if they lied to me whats to say they will lie to the courts. and being big they will be believed and twist things making me out to be in the wrong just so they can have thier pound of flesh

[Gaston Grimsdyke]

Have they actually issued the charging order proceedings? If so and you were in arrears when they were issued there is no abuse of process. Bringing the account up to date won't necessarily stop the final charging order being granted. The key is when you exchange contracts for the sale of the property - the purchaser's solicitors will have a priority search over your property which will prevent BH from registering any charging order they might get.

[toofiegap]

well from what I can see is they went for a interim behind my back didnt infiorm me no oportunity to defend this at all then decided to go for the jugular. This is why its so irregular and underhanded looking at wehat they sent me they were on 1st july went for the intertim without telling me and got it by default so that they can go for the charge that in itself is sneakyv and 1st aug they want to go all the way it seems to be that they on purpose didnt tell me that I could have sorted this out before it got that far so that they can do the charge and laugh all the way to the bank. Sorry im ranty but it seems no matter what I do or say to them they say I have no rights and have to put upwith it when I said I was going to defend they said dont matter you have no rights the law is on thier side and Ill lose so get over it

Edited July 12, 2011 by toofiegap

[Ganymede]

Woah, hang on a minute. You said they only had a CCJ now you tell us they actually have an Interim Charging Order? This changes things massively as the ICO can be registered as soon as it is granted.

 

What exactly has the Claimant done?

[toofiegap]

I didnt know until today what I am saying is that this shower jhas done everything behind our back snever ever ever gave us the opportunity to sort this out we received no corresponsdance from them that there waS A problem no opportunity to defend myself or to infact sort this out continually being lied to by BH stating I had no rights being obstructive refusing to listen and try and get this sorted not researching background that house has been sold just went into LR saw what I had and decided to go ahead when I asked her could she stop my sale I got possibly while laughing at me they thaught it was funny whne I asked she if the got the charge would they go for a sale she said possibly its in our interest