Me Vs Hillesden Securities (Black Horse)

[BALLISIMO]

Good Morning Jerry (Mould),

 

I sighed a relief when you replied to my email. I automatically felt at ease knowing you are at the other end listening, thank you.

 

My current battle is with Hillesden Securities, a loan I originally took out with Black Horse that fell into arrears in its third year. I have in September 2009 offered a full and final settlemet of £5K, which Hillesden refused. In April 2010 you asked me to request a SAR and Data Request which would place me in a better position prior to offering a second F&F. I tood this advice and sent a letter to Hillesden and received the following documents days later:

 

1. A statement which details £10 monthly payments I have been making since October 2008 to-date.

2. A detailed account of the telephone conversations they have been having with me.

3. A standard letter that states "we are awaiting a copy of your original agreement and statement of account from our client Black Horse Ltd. When these become available they will be forwarded to you.

 

As well as the above I have also received a statement (no contract from them but I do have a copy)directly from Black Horse, Edinburgh. This statement details the following.

 

1. Opening balance 14,850 (to which I agree)

2. Current balance 13,385

 

I noted that since receiving this loan in 2003, £3,708 is interest and £475 are solicitors charges.

 

Well, that is all Jerry. It is bizarre that Hillesden Securities have not pestered me or contacted me for a whole 12 months to up my payments or pay off the balance. However, my ultimate aim is to have this debt paid off and I am completely aware I have to be patient . I respectfully await your instruction. B.

[BALLISIMO]

Good Morning Jerry (Mould),

 

I sighed a relief when you replied to my email. I automatically felt at ease knowing you are at the other end listening, thank you.

 

My current battle is with Hillesden Securities, a loan I originally took out with Black Horse that fell into arrears in its third year. I have in September 2009 offered a full and final settlemet of £5K, which Hillesden refused. In April 2010 you asked me to request a SAR and Data Request which would place me in a better position prior to offering a second F&F. I tood this advice and sent a letter to Hillesden and received the following documents days later:

 

1. A statement which details £10 monthly payments I have been making since October 2008 to-date.

2. A detailed account of the telephone conversations they have been having with me.

3. A standard letter that states "we are awaiting a copy of your original agreement and statement of account from our client Black Horse Ltd. When these become available they will be forwarded to you.

 

As well as the above I have also received a statement (no contract from them but I do have a copy)directly from Black Horse, Edinburgh. This statement details the following.

 

1. Opening balance 14,850 (to which I agree)

2. Current balance 13,385

 

I noted that since receiving this loan in 2003, £3,708 is interest and £475 are solicitors charges.

 

Well, that is all Jerry. It is bizarre that Hillesden Securities have not pestered me or contacted me for a whole 12 months to up my payments or pay off the balance. However, my ultimate aim is to have this debt paid off and I am completely aware I have to be patient . I respectfully await your instruction. B.

[The Mould]

Hello Ballisimo

 

Can you post up your copy of the contract please.

 

OK, so 2003 is the date that this agreement was concluded, do you dispute the current balance they claim is owing, what rate is that interest added at?

 

So in 2006 you fell behind with your normal monthly payments, did you receive a Default Notice? What arrangements were made between you and Black Horse after the arrears occurring and do you have anything in writing regarding new arrangements to pay?

 

Solicitors fees? Is the situation now subject to litigation?

 

OK Ballisimo, please provide some more details, did Black Horse state any reasons when they rejected your first Full and Final offer and did or what reasons did you state in your offer letter for seeking a Settlement to the account?

 

Look forward to your reply.

 

Kind Regards

 

The Mould

[BALLISIMO]

Good Morning Mould,

 

Thank you for your reply. I have uploaded a copy of the contract as requested, alongside this I have also uploaded a statement of account and the default notice. I have tried to answer your queries below, please ask for further clarificaation should you require.

 

 

 

• I have made approx £5,877 direct debit payments towards this account since October 2003. I'm not aware if the intreset rate is what it should be.
  
• A default notice was issued, I did not make any payments for a while on the account and this is why they probably took this action. There were no prior notices that B Horse were going to issue a default as I moved house at this time. At this precise time saving my house seemed a priority as I was hugely in debt with mortgage payments too and was involved in selling the property.
  
• I resumed making a £10 payment to Black Horse in March 2008. Without any notice B Horse passed/sold the account to Hillesden. I communicated responsibly with Hillesden and carried on making £10 payments, explaining in details my problems. This was agreed over the telephone with Hillesden but they have never confirmed this in writing.
  
• The solicitors fees/summons fees were added to the account when a default was issued. No party have ever threatened to take me to court to date.
  
• I sent a F&F to Hillesden securities offering 5K (not B Horse), giving valid reasons such as closure of business and drastic change in income due to ill health of my husband. I also enclosed a letter from the consultant at the hospital which detailed my husbands illness. Hillesden replied by refusing the offer and requesting the full amount owing, they stated, "our client reserves the right to pursue any other borrowers for the remaining balance". They possibly looked at my credit file to see I had a large credit limit on my gold card.
  

Please let me know should you require further clarification. I await your reply. B

[The Mould]

Hello again Ballisimo

 

I am so sorry to hear of your husband's ill health and I do hope that he is alright and that any medication he is taking is helping him to manage each day as it comes.

 

I am afraid that I cannot read those attachments, even at 400% they are blurred and it is difficult to understand the writing.

 

This loan, did you borrow the money for your business?

 

That £475 Solicitors fees, are you saying that when the Default Notice was issued that the £475 was added to the account because they had to issue a Default Notice?

 

Hilesden make reference to 'our client', so Black Horse still own the agreement/contract, is that correct?

 

Is there any PPI on the loan?

 

What about the APR%, is that stated on the loan?

 

Are you and your husband named on this account?

 

A ship load of questions, sorry about that.

 

There should be something somewhere on your file (SAR) showing the payment arrangement, have you sent a SAR to hilesdens? If not, send one to them also Ballisimo.

 

Obviously your circumstances are genuine and it seems to be long term rather than a temporary situation, do you know if any other charges are or have been applied to the account?

 

Come back, when you can, any chance that you could scan those documents in again as they are quite blurred, sorry about that also.

 

Kind Regards

 

The Mould

[BALLISIMO]

Good evening Mould,

 

Thank you for your concern. Sorry about the attachements I will re-do again. In the meantime I will answer your questions.

 

This loan, did you borrow the money for your business? No, not the business. We just moved into our new home and the loan was for a new kitchen.

 

That £475 Solicitors fees, are you saying that when the Default Notice was issued that the £475 was added to the account because they had to issue a Default Notice? The amount totalling £475 is desribed as Issue Summons Fee = £250, Solicitors costs = £130 and collection activity fee charged = 85.00 on the statement. Maybe it will be clear once I upload the statement for you.

 

Hilesden make reference to 'our client', so Black Horse still own the agreement/contract, is that correct? To be honest, I am unsure but do recall asking Hillesden if my account was sold to them and clearly remember them saying yes they had purchased it from B Horse. I then went back to Black Horse and they refused to speak to me about this account asking me to liaise with Hillesden.

 

Is there any PPI on the loan? No.

 

What about the APR%, is that stated on the loan? Yes it is quoted on the contract. APR 9.9%. Interest Rate 0.79%.

 

Are you and your husband named on this account? The loan was taken out just on my name.

 

I will work on uploading those documents now Mould. Speak to you soon. B

[The Mould]

OK Ballisimo

 

Request a copy of the Deed of Assignment from Hilesdens, also send them a SAR.

 

I will catch up with you shortly B.

 

Kind Regards

 

The Mould

[The Mould]

Maybe the case is that hillesdens are equitable assignees, we shall see.

 

Kind Regards

 

The Mould

[BALLISIMO]

Good morning Mould,

 

I would like to confirm that I have requested a SAR and Notice of Assignment from Hillesden on 16 September 2010. I will (try) and post the letter and reply from them today. Hillesden replied enclosing the following documents on 28 September 2010:-

 

1. A statement of what I have paid up to date

2. Action Case - A typed up version of all the telephone conversations I have had

3. They stated in their cover letter...... " we are awaiting a copy of your original agreement...we are unable to forward a copy of the original agreement, we will be able to supply a true copy of the document which will comply with section 77-79 of the Consumer Credit Act 1974".

 

Should I go ahead and write another letter requesting a deed of assignment ? (I understand this is a document clarifying terms on which they have taken over the debt from B Horse).

 

I will upload the documents you have requested next and hope you are able to view them. Thank you. B.

[BALLISIMO]

Good morning Mould,

 

I would like to confirm that I have requested a SAR and Notice of Assignment from Hillesden on 16 September 2010. I will (try) and post the letter and reply from them today. Hillesden replied enclosing the following documents on 28 September 2010:-

 

1. A statement of what I have paid up to date

2. Action Case - A typed up version of all the telephone conversations I have had

3. They stated in their cover letter...... " we are awaiting a copy of your original agreement...we are unable to forward a copy of the original agreement, we will be able to supply a true copy of the document which will comply with section 77-79 of the Consumer Credit Act 1974".

 

Should I go ahead and write another letter requesting a deed of assignment ? (I understand this is a document clarifying terms on which they have taken over the debt from B Horse).

 

I will upload the documents you have requested next and hope you are able to view them. Thank you. B.

Edited October 8, 2010 by BALLISIMO
duplicated!!

[BALLISIMO]

Hello again,

 

I have uploaded the documents, hope they are clearer. I'm saving them as jpeg's and seem to be fine my end. If you are unable to read would it be possible to email them to you (if that is allowed). B.

[littlebert8]

Hi Ballisimo,

 

The images you have posted are too small to read. You need to upload them to an images service such as http://photobucket.com/ and post the links back here.

[BALLISIMO]

Thank you for your help littlebert8. B