Black Horse defaults and more

[xboxer]

Right so having got most of my SAR back I'm sorting through the paperwork and have discovered what I feel are irregularities that I will list at the end of the post.

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All of the below is information I have gathered from my SAR due to not being aware of this happening at the time.

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I had not been in touch with BH at point during this.

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My March 05 direct debt payment was missed due to a banking error. It was then tried again a week later and failed. Black Horse then cancelled the direct debt mandate.

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No payments or contact from me was being made.

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In the second week of May 05 I received a default notice served under S87(1) of the Consumer Credit Act 1974 giving me 11 days from the date of the letter to pay the arrears or BH would exercise there right to reclaim the outstanding amount and interest. I also received a letter saying I owed an additional £25 penalty charge.

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Then 2 days later I received ANOTHER default exactly the same as the first asking for the same amount. The only difference was the dates had changed and got another letter telling me about the default charge owed.

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Then 6 days later I received YET ANOTHER default exactly the same as the first asking for the same amount. Again the only difference was the dates had changed and got yet another letter telling me about the default charge owed.

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Then nothing until October 05 I received my FOURTH default this time asking for about £400 more and again giving me 11 days to pay. Also received a letter stating I now owed £175 in charges.

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Then in the second week of November 05 I received a court summons for a hearing in the second week in December 05.

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At some point in November 05 my house was repossessed due to the banking error. As stated before this was the first I was aware of anything happening.

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As I was not aware of this I did not attend and BH was awarded the amount asked for including costs and penalty fees.

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The judgement was for the total amount payable within 7 days.

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Then in January 06 BH applied for an interim charging order (again unchallenged) and was awarded this.

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At the beginning of February my house was sold but was told I had to wait on the funds due to a charging order being placed upon it. This was the first time I became aware of a problem with BH.

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Then in February 06 they wrote to my mortgage company to be paid. My mortgage company asked them for the Final Charging Order.

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At the beginning of March 06 the Final Charging Order was granted.

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My mortgage company released the amount left over from the sale of my house to me minus the charging order towards the beginning of March 06.

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Then in May 06 BH applied to the Land Registry for a Cancellation of Entry.

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Right now time for the irregularities:

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1. I received 4 defaults on the account. I thought you could only receive one. The 4th default (October) is the one registered on my credit file.

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2. With the Interim Charging Order in the main body of text where the order is described they have wrote it was awarded in Jan 05 where it actually states elsewhere in the document that it was Jan 06. This has also been stamped by the courts and witnessed by a solicitor!!!

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3. BH waited until May 06 to drop the registered charge even though they were paid in March 06.

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4. The Land Registry actually rejected the application made by BH to remove the entry due to BH putting the wrong address on Form DS1.

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5. The satisfaction date of the CCJ shows May 06 on my credit file but I was told by SCM (BH's solicitors) that the charging order was released in March 06.

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So my thinking is with the defaults I should looking at the first one being issued as the one they could legally claim on and should of based all their actions upon? If so then the only reason I can think of by issuing further defaults is to increase the amount they were seeking.

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With the additional penalty charges and interest they have charged after the first default/deadline can I claim that back?

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Would the Interim Charging Order have still been valid even with the date being wrong?

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What kind of recourse can I expect from BH delaying the satisfaction date of the CCJ?

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Thanks for staying till the end of this epic post! Lol

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All suggestions welcome.

[xboxer]

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Sent an adapted version of the template prelim letter to BH on Saturday outlining the following points.

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1.****** Refund of the penalty charges.

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2.****** Refund of the interest applied AFTER the deadline of the first default notice.

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3.****** Correction of the Default date registered on my credit file.

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4.****** Correction of the Satisfaction Date of the CCJ.

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Also asked for compensation for the negative effect of points 3 & 4 being falsely recorded.

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It was signed for this morning so 14 days and counting!

[xboxer]

Ok just got home to find a letter from bh.

 

Fob off letter as it turns out. Stating;

 

We have noted your comments and have updated our files accordingly.

You fell in to arrears that resulted in late payment interest and charges as per T&Cs.

We have reviewed your agreement and are satisfied the charges were applied in accordance with the terms of the agreement.

Unfortunately your claim for a refund has been rejected as we believe the charges reflect the payment history of the agreement.

I hope this will resolve your complaint. However if you are unhappy with our response, please tell us why and what you would like us to do to put it right. If you are still unhappy after completing the company's procedure,you may refer to the FOS and we will tell you how to do this.

 

Then its the blurb about 8 weeks to complain.

 

Right so first off to I now send the lba?

 

They haven't answered;

1. why they sent 4 defaults.

 

2. Why they waited 5 months to send the 4 default before taking action, finally taking me to court after 9 months of missed payments.

 

3. The ccj satisfaction date being wrong and what they are going to do about it.

 

4. The default date on my crf being wrong and what they are going to do about.

 

Any ideas?