help,dont know how to deal with this debt

[pedro4]

help lost my job through ill health and have a debt outstanding with blackhorse for £850 agreed to a reduced payment plan,but BH kept adding interest and collection activity fees and several default charges..debt was passed to several DCA,s....First to Nationwide collections then Hillesdons then DLC and now NOLANS SOLICITORS and they are threatening me with a court decree..dont know who I am supposed to respond too....

[kurvaface]

What have you done so far...?

 

Can you give us the history of the account? dates etc...?

 

Have you checked your credit file?

 

Do you have paperwork?

 

Are there any unlawful charges?

 

Is there any PPI?

[pedro4]

hi kurvaface,thank you for your quick reply..

 

.opened the account with BH june 2009.

.had to agree to ppi to get said account

but,cancelled the ppi a month later as i am aware as per this site how bad it is,

 

the loan was for £1000 and i was paying this at £56.00 per month.

had to stop work 6months later due to ill health and at the moment that has not changed,

agreed with BH after much haggling to pay £2 pm.

.but was giving them £5 per month as i thought that might help..

 

..after about 6 m0nths I realised they had increased the interest and the debt was going up instead of down

i complained to the about this but they were not very helpful

 

i also missed a couple of payments and they defaulted the account have had three defaults on this account.

 

also several collection avtivity fees..

 

.yes i have most if not all the paperwork as i have learned from past experience that this is important

 

..sorry for being a bit slow i am not so computer litterate

 

,but i try my best...

[pedro4]

hi with regards to my credit file ,i was considering whether to sign up with equifax,but after reading some of the horror stories on here with regards to DCA,s having access to my file and then bombarding me with calls ,threatening letters etc ,I have not applied for one ( although i would like to see my file)...would like some advice as to .getting my CCA and also whom to ask with regards to a SAR ,..I am completely confused as how to go about this,also I live in scotland so i dont know if the legalities are different.....

[kurvaface]

Credit file is worth doing, there shouldn't be any comebacks and you can cancel within 1st month.

 

I suggest you get everything in order and gather together as many facts as possible about this starting with 1) CRA 2) CCA 3) Perhaps a SAR to see if there are any charges etc 4) letter to original creditor assuming no assignment (or DCA if assigned) stating that all communication to be in writing only, further calls will be treated as harassment and as such reported to police and additionally you reserve the right to claim for compenstation as per Protection from Harassment Act 1997.

 

That's just for starters then we'll see where things go.

 

I suggest all correspondance to OC and where neccessary, copy to dca and tell them you are investigating and in the mean time they can mind their own business!

[pedro4]

hi thanks for reply, this is where it gets confusing,what cra2) cca3) and with regards to OC letter regarding no assignment ( i am thinking this is in regard to hillesdens saying this debt has been assigned to them),but no letter from BLACKHORSE to confirm this....should i be asking BH for cca and or SAR,or should i be writing to Hillesdens who it has aparrently been assigned to...and what if anything should i be doing about NOLANS who are threatening me with a court decree....thanks again

[pedro4]

sorry am just a bit confused...should i send a cca request to BH,...or Hillesdens ( trading as DLC) whom debt has been assigned too , or should i be asking NOLANS ,who are threatening me with a court decree....and i am assuming i am sending a SAR to OC aka blackhorse...thanks again for your reply kurvaface..

[dx100uk]

i honestly would bother with the cca

 

i'd send bh an sar

 

you have been levied with loads of unlawful fees

that are a penalty

 

and can be reclaimed.

 

for the imnute i'd pay them [the OC-BH] [but check the owner on your cra file]

 

3! PCM for the next few months by your internet banking site

if you must write

just TELL THEM

 

that is all they are going to get.

 

how old is this debt and how long have oyu been paying this.

 

as for the threat-o-grams

just ignore them for now.

 

dx

[pedro4]

ok so i should SAR blackhorse and also pay them approx £3 per month via internet banking,would i need to set up an agreement with them to set that up....or would the bank set this up using a BH letterhead address...ps just reactivated my credit expert subscription...£13.99 A MONTH...highway robbery..will give that a month to see how it goes..( have not acccessed it yet)...but will do mid conversations......thanks again

[pedro4]

sorry account with blackhorse opened 1/6/2009...will go and check my file and see who the current owner of the debt is....

[pedro4]

ok,just checked my credit report...and showing blackhorse as defaulted...no mention of having been assigned (am assuming that it would show on the file)..also do not see anything regarding any activity by DCA with regards to ownership...does that mean the debt is still in the hands of BLACKHORSE and all these DCA and threats from NOLANS is all bluff ?

[dx100uk]

ok great off you go.

 

just IGNORE the dca's

they have no powers at all

 

and stay off that phone!

 

take control yourself

dont let them do it

 

get that SAR off.

 

if you want to write to bh then ask for a suitable letter.

 

but pers i'dignore them too

 

they'll soon catch on when they get the SAR

 

dx

[pedro4]

cheers for that,

was a bit concerned because the DCA,s aka hillesdens sent a letter saying it had been assigned to them

and then a letter from their solicitors NOLANS threatening me with a court decree..

 

..got me pretty spooked to be honest.

 

..will find an appropriate S A R template letter to send off to BLACKHORSE

and see if there are any charges etc ..

 

.if you could piont me in the right direction for the appropriate S A R template would be very grateful.

 

..thank you for your help

[dx100uk]

hey c'mon its a selfhelp site as well....

 

hold on SAR

or look in the green library tab up top

 

dx

[pedro4]

ooops sorry,thank you for all your help,will keep this post updated on my progress with blackhorse ....

[pedro4]

hi did my S A R to blackhorse and ready to post...just need to know if the £10 postal order is made out to blackhorse .should i sign it ?or send it as a blank postal order...?

[kurvaface]

You make it out to them and write on the back that it is for a SAR only, not for paying into your account. Then you have 40 days.

[pedro4]

Thanks again for your help,also followed advice on here to score through my signiture,so it cannot be lifted was that ok.?

[kurvaface]

Yes