black horse loan - claim form issed - help

[minnimes]

ok i need some advice,

 

my husband took out a loan with lloyds over 5 years ago. at the time he had just had an accident at work and took the loan to live on,

 

he informed lloyds of this and said that due to the nature of his accident and spinal injury he may not ever go back to work. he is currently still off.

 

they put ppi on the loan which we have since claimed back but they took the amount off the balance which included thousands in charges.

 

he made an offer of payment based on an assessment by the cccs and has kept to these payments ,

 

lloyds still sold the loan on to a dca.

 

now the dca are saying they will not renew the agreement even though we can not afford to pay any more than we are and are still making the payments.

they have now sent a letter stating they are taking us to court and putting a charing order on our home!

 

we took out an unsercured debt because we didnt want anything on the house,

how can they do that?

 

he is not saying he wont pay but that he cant, we have no more money to give.

 

they make him pay over the phone and each mnth they are damn right nasty and tell him to get friends or family to pay the balance which just cant happen.

 

so given the circumstances what can we do? will it stand as irresponsible lending given the circumstances and how do i go about fighting them?

[dx100uk]

firstly

 

stop talking to these muppets on the phone!!

 

never ever do that

 

set up an SO via internet banking to pay it too.

 

if they have your bank/card details, get them cancelled and replaced.

 

everything now needs to be in WRITING ONLY.

 

you say you've heeps of charges, well get reclaiming

have you got all the statements?

 

if not SAR LLoyds .

 

dca have NO LEGAL POWERS to do anything

 

so IGNORE the treats of a CO

they cant do that before a CCJ

 

and a judge will laugh them out the door, if they try to

get more out of your that you can comfortably afford.

 

tell us more on the hisdtory of the debt too please...

 

its YOUR MONEY

 

take control not let some tinpot DCA control YOU>

 

dx

[minnimes]

ive told him not to speak to them on the phone but he has no other way to pay them right now,

will work on that and try get him set up with some other way to pay, ive fought other things and won so now i need to help him with this.

 

he borrowed the money when he was first off work to live on and pay his other debts, they were well aware of this

and sold him ppi stating that he could claim on it if he didnt go back to work, that did not happen and i claimed back the ppi but it seems it was eaten up by charges.

 

im also going to ask for a copy of his cca seeing as he signed for it in a branch.

the dca have sent a letter stating they will not accept the payment offer and are going to court for the charging order as they want security on the debt but that they will not force us to sell.

 

i dont think he has much in the way of paper work.

he suffers mental heath issues and has trouble keeping on top of things which is why im stepping in.

 

he borrowed 10k and has paid back a fair chunk yet the balance still sits at 7.5k.

thats after the pii was ment to have been taken off.

 

do i respond to the letter or not?

not do i say?

tia

[minnimes]

ok really need some help now,

 

the ppi was soredt and taken off the balance of the loan a while back,

 

since then dh has been paying a reduced amount that was suggested by the cccs,

they accepted the payments but now they are wanting more money,

 

we dont have it to give as my husband is not working due to an accident and spinal injury.

he has continued to make the payments which they keep saying they dont want.

we still owe a large amount on the loan.

 

hes just had a letter today from a solicitor saying they are taking him to court in Northampton

which is at the other side of the country to us

 

he can not travel that far and so they will decided in his absence

. there are no court papers yet just threats. to clarify,

 

he took the load weeks after the accident,

they were fully aware of the circumstances and add ppi to the loan saying he could claim if he didnt go back to work,

he was then signed off long term and tried to claim,

he couldnt,

he claimed back the ppi which was then taken off the balance of the loan.

he has maintained the reduced payment ever since,

not missed any but now they want to take him to court to secure the loan against our house!!

 

the loan was unsecured.

where do i go now?

do we need legal advice?

is it irresponsible lending?

can they do all this? its making him very ill. he also suffers from very bad depression

and bipolar so i need to sort this asap.

thanks in advance.

[minnimes]

We got some papers sent to us this morning re court action.

im not sure how to respond.

they are offical from the count court, its headed as a claim form.

can i use irresponsible lending as a defence?

Im at a loss as to what to do,

my hubby is on the edge of being sectioned again,

he has bipolar and chronic depression, i need your help.

[dx100uk]

thread title changed

moved to legal forum

 

dx

[dx100uk]

unlawful charges might be your best defence

 

dx

[minnimes]

im sure it must come under irresponsible lending, they gave him a 10k loan that consolodated his loan and lent him more money all the time being fully aware of the circumstances, they have been aggressive and uphlepful and they lent money knowing he couldnt pay it back. ive just been reading the oft guidlines and it seems to fit an awful lot of them, im just not sure where i go from here. what do i do with the court papers? also can they make an unsercured loan sercured? which is what they have been saying, they have said they intend to put the loan on our house. my hubby still can not pay the loan at the amount they want, he is still paying the reduced payment which he has done for years now, they refuse to agree to the payment thou but they do take it from him. we have until the 30th to respond to the court papers. any help would be great as to what i do and which way i take this now . x

[slick132]

Hi Minnimes .......... looking in as asked.

 

Can you confirm:-

 

1. Did you send them a CCA request and, if so, what did you get back.

 

2. Did you get Default Notice.

 

3. Is the a/c still owned by Lloyds and, if not, did you get a Notice of Assignment to say who now owns it.

 

4. Are you aware of any default charges on the a/c for late or missed payments. If so, have you got all the a/c statements to check for such charges.

 

Will look in again tomorrow.

 

[Jasper1965]

You will not have to go to Northampton as the claim will be transferred to your local court upon filing a defence.

 

Can you please post up the "particulars of claim" removing any identifying amounts dates etc.

[minnimes]

http://www.consumeractiongroup.co.uk/forum/showthread.php?168577-lloyds-blackhorse-ppi

 

the cca is on this thread, post 18.

He did get a default notice. He got a letter saying the account was no the dca debt. They carried on putting the payments down as default/missed even though he was on a repayment plan and never missed it.

currently the paper work they sent us is a claim form, it says he defaulted on the agreement and then failed to pay off the loan, its then asking that we fill out an acknowledgment of service.

I 100% sure this will count as irresponsible lending, he was off work at the time, they told him to consolidate an exsisting loan with a new one when he couldnt even afford what he had. He is disabled, they have been oppressive, my hubby has very bad depression and biploar. they have not helped when he uncounted finical hardship. he has never said he wont pay but that he cant, he has made the reduced payment but the balance never seems to go down at all.

 

Any way, what do i do now? This is all new to me. He will not be able to attend court as his mental state is to fragile.

[slick132]

The credit agreement has no glaring errors from what I've seen.

 

Do you have all the a/c statements to see how much has been added in default charges. Have you added them up to see what the total is.

 

Have you read up on s.140 of the CCA 2006 - http://www.legislation.gov.uk/ukpga/2006/14/crossheading/unfair-relationships

 

By what date do you have to acknowledge the claim.

[minnimes]

thanks for the reply slick, we have 14 days from the date on it which is the 16th so the 30th. He doesnt have all the statements. He's been to see a solicitor today and they basically said that because the debt is over 3 years old he cant contest it and they will put a charge on our home with a view to forcing us to sell it!! im so angry, how is it fair that an unsecured loan can be made secure? I need to do something with this court paper could someone talk me through how to fill it out?

[The Mould]

thanks for the reply slick, we have 14 days from the date on it which is the 16th so the 30th. He doesnt have all the statements. He's been to see a solicitor today and they basically said that because the debt is over 3 years old he cant contest it and they will put a charge on our home with a view to forcing us to sell it!! im so angry, how is it fair that an unsecured loan can be made secure? I need to do something with this court paper could someone talk me through how to fill it out?

 

If the date of issue on the claim form is stated as 16 November 2011, then add 5 days for service = 21 November 2011 = meaning you should acknowledge service of the claim by 5 December 2011, in any event you ought to acknowledge service sooner rather than later and tick the box stating that you intend to defend the claim.

 

Some further details required please:

 

Post up the full Particulars of Claim as written on the claim form.

 

Do you have evidence of the reduced payments being made to the account by your husband?

 

Do you have the Default notice and can you please post it up?

 

Do you and your husband jointly own your property?

 

How much money is being claimed by the claimant?

 

Did you receive a Notice of Assignment (informing you that the debt/account had been sold)?

 

When did your husband enter into this consolidation loan agreement?

 

In the worst case senario, if you are joint owners of your home and the claimant succeeds with his claim, the worst that can happen is that a restriction is placed upon your property against your husbands 50% share and the claimant cannot force a sale of your home.

 

Is your husband still making the agreed reduced payments each month?

 

Kind regards

 

The Mould

[slick132]

Hi Minnimes,

 

I think the sol'rs view is unnecessarily pessimistic and there are various ways you can defend this to protect your interests and your home.

 

Give answers to TM's Q's above so we can advise you further.

 

Have you had a look at the link I gave to s.140 re Unfair Relationships ?

 

[Gaston Grimsdyke]

In the worst case senario, if you are joint owners of your home and the claimant succeeds with his claim, the worst that can happen is that a restriction is placed upon your property against your husbands 50% share and the claimant cannot force a sale of your home.

 

Yes they can. An order for sale is equally open to a charge over one of several joint owners as it is to one over a sole owner, in which case the other joint owner will be forced to sell the house but the debt will not be deducted from their share. In the present case, however, the creditor has already said they do not intend to go for an order for sale and in any event given the size of the debt and that it is being paid back at an equitable rate it is highly doubtful a judge would grant such an order anyway. What the OP should do is make an offer on the court papers to pay at the rate already being paid - if that rate is accepted by the court then the creditor can't even get a charging order, let alone an OFS.

 

To answer the OP's point about irresponsible lending, I don't think any of the legislation or guidance was in existence 5 years ago so that's a non-starter. However, might be worth a go at arguing unfair relationship under s140A of the CCA. Legal advice needed for that, and not from the sol your husband saw as that advice was poor.