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Blackhorse, reclaiming charges on loan.


jungle vip
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Just sent a SAR to blackhorse and received all my data back, this is for a joint personal loan my wife took out four years ago, There are a fair amount of charges been applied to the account, or " collection activity fee" as they word it, What's the next step now as i also want to claim ppi back of them as well ?

 

Do i need to send a cca request before i send the account in dispute letter, or do i work out my charges and also start the ball rolling with the ppi reclaim as well, look forward to reading your replies, many thanks.

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two sep claims

 

i'd also do the FOS customer complaint form for the PPI

 

have a read here:

http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi.html

 

plenty of BH threads around on both too

 

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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knock up two SOC's [spreadsheets [see IMS21 sig links]

 

fill out an customer questionaire from the FOS site for the PPI

 

and just make a letter to go with your SOC for charges

 

there are plenty of others around in other charges reclaim threads

 

just MAKE SURE you do the calcs correctly

 

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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I have completed the spreadsheet for charges and also the fos questionnaire for the ppi, is there a standard letter i should send with my charges spreadsheet ?

 

Also, can't find how much the ppi is, it is not listed on any statements, should i just send them the questionnaire for starters ?

 

Should i be putting the account in dispute to stop any further interest while this is going on, i can see it taking a while to sort out.

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Have a read of the Single premium article that is linked in my signature, I believe the Q & A section will also advise how to work out the PPI premium - if not, then send a private message to ims21 who will be pleased to talk you through the procedure, I'm sure :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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just remembver thAT a ppi or charges reclaim does not put the A/C into dispute

in terms of freezing anything.

 

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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  • 4 weeks later...

Ok, list of charges on a spreadsheet and letter asking for them back please, sent, The fos ppi questionnaire filled out and sent, Got a confirmation letter that they received the ppi questionnaire and are looking into it but nothing about the charges yet. Whats next step ? Only one problem, the letter wasnt sent recorded delivery, just first class, send it again recorded or sit tight for a week or so ?

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IMHO it will not matter

 

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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Ok, its been over 14 days since i sent the letter asking for the charges back, Have had no reply from them, even to say that they have received it , so will now send them the LBA with another copy of the spreadsheet.

 

In the meantime they have passed it to dlc, debt collectors threatning ccj. do i need to send them a letter ?

 

I emailed them this last week when i recieved a letter saying it had been passed to them:-

 

" I am requesting the repayment of unlawful charges and mis-sold ppi on this account, until it is paid in full i will be dealing with blackhorse only and not yourselves ".

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Did you send the letter via a tracked method? If so, you can check online to see if it has been received.

 

Just send DLC a letter saying the account is in dispute and until such times as it has been resolved, you will not enter into any further discussions with them.

 

I would then send your LBA to Blackhorse. Do send it via a tracked method in order to obtain a signature :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 2 weeks later...

Ok, its 14 days tomorrow since i sent the LBA, nothing at all from blackhorse as yet, nothing referring to the ppi questionnaire i sent ether. What is the next step ? is it worth a phone call to jeer them up a bit or is court bundle time, Ill give them to the end of the week in case of postal delays.

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Hi Jungle VIP,

 

I'm following your thread. BH not responding doesn't surprise me in the slightest. They haven't even acknowledged or responded to my SAR :tsk:

 

I'm sure one of the wiser Caggers will be along shortly to advise but I would think that as far as the charges are concerned the next step is court and once they get your claim then they will realise you are serious. If I'm wrong in that assumption, I am happy to be corrected as I'm still learning!

 

With the ppi element, that I can offer no advice as I am totes green on that score.

 

As I said someone more knowledgeable will be along shortly to point you in the right direction. :thumb:

 

Best,

 

Coffee:angel:

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So they havent even acknowledge your claims ?

 

If you gave them a time within which to comply with your requests, and they have now gone over that time, I guess you start collating all your evidence in order to issue a N1 through your local court :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Ok, received a letter from blackhorse saying they cant find any grounds that the ppi was mis sold, I spoke to FOS and they say send them a letter stating why i think it was mis sold as they still have 2 weeks to sort it. Also i never sent a spreadsheet stating how much i think they owe me, It was not mentioned on the FOS questionnaire.

 

Anyway, the main thing now is I cant find what steps to take for the N1 for the separate charges reclaim, Is a N1 a court document ?

 

Also, is there a step by step guide for this type of claim ? as i just rely on asking questions and the goodwill of caggers pointing me in the right direction.

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Hi

 

Responding to your PM.

 

For the charges claim, if they haven't responded to your lba then the next step is to issue in court. This is done via form N1 which you can download on-line. You will also need to prepare a POC (Particulars of Claim) and you will find some useful pointers for these in the bank forums. The Barclaycard forum would be a good source (even though yours is a loan and not a card). I would recommend spending some time on your POC because a well prepared POC goes a long way. You will also need an updated spreadsheet to accompany the court docs when you issue.

 

With regard to the PPI claim, is their 16 weeks up yet?

 

ims

 

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16 week limit is up in 2 weeks, i sent them a letter today replying to their rejection letter saying that the PPi was mis sold and i will forward the claim to the FOS in two weeks if it has not been repaid.

 

as far as the charges reclaim, do you recommend going straight in with the N1 or a phone call to see if the LBA has been overlooked like my SAR.

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Hi

 

If they've overlooked an lba then I see no reason to pussy foot with them. If you ignored one of theirs, they would be straight in.

 

If it were me I'd carry on to my own timescales...they have had a prelim...they have had an lba...they have chosen not to respond.

 

With the PPI it wont hurt to wait another couple of weeks so that you can be seen to have given them the full 16 but immediately after that deadline, escalate the claim.

 

ims

 

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Ok, just trying to find a suitable POC template, The credit card ones need a lot of work to make them fit, plus my inexperience , i dont want to put something in it that's wrong or irrelevant, Is there a link to a loan company poc anywhere, cant seem to find one. P.S , If it is a joint account is it both names on the poc as claimant ?

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