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Black Horse and DLC


mollie5549
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Advice needed from any Caggers who have dealt with these two companies.

 

Having defaulted on a loan with Black Horse in 2008 they obtained a CCJ against me.

 

I applied for a variation on the monthly payment and have been able to make these payments for the last 3 years without fail.

 

I have just received a letter from DCL saying that they now own the debt and that I should now make all payments to them.

 

Black Horse have not advised me that they have assigned the debt so am I under obligation to start making these payments to DCL?

 

Do I continue making payments to Black Horse as instructed in the court order?

 

The letter from DCL is dated 16th September and they say they took over the debt on the 31st August

so my concern is that the payment I made to Black Horse on the 01st September has disappeared and I am in default of my court arrangement.

 

It's taking me 3 years to finally get my finances in order and I really do not want to have any more dealings with DCAs so any advice would be greatly appreciated.

Edited by mollie5549
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get reclaiming

BH will have levied heeps of unlawful charges and what about PPI?

 

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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They enclosed a typed letter on plain paper of a claim for Hillesden Securities versus myself with the same court details and claim number that was originally with Black Horse. This is not the same as the original court letter and has no letterhead or court stamp.It says take notice that we Aplins are now the solicitors dealing with this claim not the original solicitors. What I dont understand is that this has already gone to court so not sure why they have included this letter with the same claim number as the original claim with Black Horse in the same county court but now dated 16th September 2011. Are they allowed to do this?

Edited by mollie5549
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Just to add that I had a search on my Credit file from Hillesden Securities in February this year and wondered who they were as I have never had any dealings with them and definitely did not give permission for them to do a search. Is this normal practice and did Black Horse give them permission to do this?

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If they have sold the account then they would have passed those rights to DLC.

 

Cancel payments to BH and write to DLC asking for a Notice of Assignment.

 

In the meantime send an SAR to BH and begin to claim back the charges they will have added to the account as suggested by Dx.

 

And any PPI you had - claim that back too - BH always missold it.

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Should they not have informed the court that they are now the Claimants ?

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Thanks for the advice but I am worried that if I cancel the payments to BH then I am in breach of the judgment. Is the letter that I received from DCL telling me that they now have the debt a Notice of Assignment? .It says; Please accept this letter as notification that your agreement with Black Horse Ltd has now been assigned to Hillesden Securities Ltd trading as direct legal & collections (dlc) with effect from 31st August 2011. This means that the amount still due under the agreement and any Court action is now payable to us, not to Black Horse Ltd.Our Solicitors, Messrs Aplins will be taking over conduct of the Court action, if appropiate, and we attach a formal notice to that effect with this letter.

Edited by mollie5549
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it smacks to me that that is an automated letter and they know nowt about the CCJ.

 

pers i'd ignore them and stay as you are.

pay BH.

 

and get that reclaiming going.

 

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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Hi mollie, i had exactly the same letter from dlc myself and alpins, i have contacted bothe the court and black horses solicitors , tge court had know knowledge of it but said they can sometimes be the last to find out but the sokicitors confirmed that the debt is one of a big batch that gas been sold on

Have a search for my thread , it was from the early part of the week

In short though i will keep paying black horse as per the judgement until i get formal notification from either black horse or the courts

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Hello Andy I'm feeling a lot calmer about the whole thing now from the advice given on here and after reading your thread. I will continue paying BH until told otherwise by them or the courts.many thanks mollie

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Personaly i would not pay BH - why if they dont own the debt? BH are in financial difficulties and no longer do loans, (Like Welcome), so whats happening to your money?

 

You have a good and perfectley legit reason not to pay and that is because you do not know who you are supposed to be paying. Show any judge the evidence and he will be on your side.

 

Which of the two comapnies can grant you discharge from the debt? You don't know so you need to find out

 

Look at the OFT guidlines they say they must be clear and not confusing.

 

If your concerned about getting into arrears keep the money you normaly pay BH seperate - and then you can pay this and maintain payments once you have evidence of Assignment.

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i wonder whos name shows against the debt on your CRA file?

 

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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Write to BH (by recorded delivery), enclosing a copy of the correspondence from DLC, and ask for clarification of who you should be paying Make sure you keep a copy of the letter. As said above, in the meantime keep the money for the payments to one side until you have confirmation.

 

If DLC have bought this debt then you can be 99% sure they will know about the CCJ (I have had previous dealings with that lot for someone I was helping), and they won't hesitate to enforce the judgement if you do not pay - they have a reputation for going for charging orders!!

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Not an expert but would do the following:

 

1 - pay nobody - but set-a-side the money so you can clear an backlog

2 - write to Black horse asking for details of how much you owe them - I personally would not chase who owns the debt - if they have sold the debt should come back as a zero balance - if so I would write backing confirming this.

3 - write to the firm chasing the debt stating you do not acknowledge any debt with them. It is up to them to prove legal ownership of the debt.

 

Intend

  • Confused 1
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It's firmly established that there is a debt - there is a CCJ in place and the op has been making payments on the court order - you can't now state you do not acknowledge the debt!

 

If DLC have been assigned the debt and are collecting payments on a CCJ then you need to be careful that they don't enforce the judgement - I know these people and they are not up for negotiation. You just need to get clarification from Black Horse that you no longer make payments to their account.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi Guys,Thanks for the responses.

Firstly last time I checked Black Horse were the ones registered on the CCJ on my credit file.I will send them a letter on Monday asking for a statement of the account.

I have never received one since the judgment. As advised will keep the money to one side as the money that I paid in September has not been deducted from the balance that DCL are quoting although their letter is dated 16th September and so it should have been received. Not sure if BH have it or it has been forwarded on. Will keep you updated.Many thanks again,mollie

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I was not suggesting that no debt existed but that no degt exists with the DCA until proven. I fail to see how a letter from a DCA proves ownsership of a debt. I realise that with a CCJ you need to be careful but..??

 

Surely if BH no longer own the debt they should return the amount paid tp the OC - how can they know how much you have paid to the new owner of the debt - it is none of their business. I would complain to BH.

 

Intend

 

Intend

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can you check your cra file?

 

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...

We continued to pay Black Horse until the letter officially telling us that the debt had been transferred to DLC, Black horse had in fact sent the payment to DLC but it had taken time and showed us being late payers on DLC's records - we disputed this and it was taken off the record. DO NOT STOP PAYING otherwise they can take you back to court and add the costs and if you have a secured loan, heaven knows what they would do.

 

Just make sure that you keep copies of everything and note time and date plus content of any telephone conversations that you have with them.

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