Black Horse Reject Claim For Charges

[sploits]

Hi,

 

I am currently helping out a friend who has an on going feud with Black Horse. Basically she bought a car and got the finance with Black Horse. Over the course of the finance she missed a few payments but always continued paying and eventually paid off the full value of what was originally owed. Black Horse had put charges on the account for missed payments and missed payment interest and the account is still not clear as the charges have added to the amount owed. I told her to get a copy of the CCA (which can't be supplied today but I can get it posted up tomorrow if need be) and a statement of account (so we knew what charges where on there). The CCA is just and so readable but I will fall back on that if I have to. I basically knocked up a claim back spreadsheet for all the charges they had added to the account (with the 8% compounded interest). Black Horse were asking for £450 and when I done the spreadsheet I got it to £626. With that we sent the letter asking for the difference to be paid back.

Over the weekend my friend has got a letter back from Black Horse basically saying that as she signed the agreement she was bound by the terms and conditions and the charges were still valid.

 

So basically we are just asking for some advice as what to do next? do we give up trying to claim the charges back and hope there is a flaw in the CCA? Do we have a response back to Black Horse telling them that they are wrong? Do we accept it and sort out a payment plan to pay back the £450?

 

Any help would be greatly appreciated.

 

Sploits

 

 

These are the links to what we have sent (the first 2 are the breakdown of charges and the 3rd one is the letter we sent). The last one is Black horses response

 

www.dj-sploits.co.uk/random/lisa/charges_Page_1.jpg

www.dj-sploits.co.uk/random/lisa/charges_Page_2.jpg

www.dj-sploits.co.uk/random/lisa/letter2bh.jpg

www.dj-sploits.co.uk/random/lisa/noaccept.jpg

 

 

Edited February 6, 2012 by sploits
Attachments were too small. Direct link added

[Shelley181146]

Personally, I wouldn't accept that their right and your wrong.

In 2006 the OFT made a decision that 'Unfair Charges' applied to customers accounts could only be levied at £12 maximum. They also said they were still unfair and it was for a court to decide what is deemed as fair.

Research the OFT report of 2006 and you should find your answers in there.

Was there any PPI included on the loan as this can be claimed back also.

[sploits]

Hi shelley,

 

We have fired off a complaint to the FOS so we are going to see what we get back from them. If they can't help then we will send Black Horse the LBA and go down the court route. Do you know if there is anything we need to send to Black Horse in the meantime? They have sent a letter to demanding money within 7 days but obviously this isnt going to happen.

No PPI unfortunately

 

Cheers

[Shelley181146]

I am unable to open your attachments to see the communications can you repost?

 

How far back do the charges relate to?

 

I'm not familiar with the rules behind sending them a letter saying 'Account in Dispute' but you could research that on here also. Template letters can be found in the top left corner in green.

 

FOS will have backlogs and will take some considerable time to resolve, it won't be an overnight resolution and FOS can only apply 8% interest.

 

If you go the court route you could claim interest in restitution. But make sure you are confident in your case and the courts process. If you lose and have to pay costs, they could be high.

 

Have a read through 'WON' threads on the Barclaycard link. There is plenty of useful advice/information available.

[sploits]

Hmmm the links were working but not sure whats happened to them

 

Try these ones:

http://www.dj-sploits.co.uk/random/lisa/charges_Page_1.jpg

http://www.dj-sploits.co.uk/random/lisa/charges_Page_2.jpg

http://www.dj-sploits.co.uk/random/lisa/letter2bh.jpg

http://www.dj-sploits.co.uk/random/lisa/noaccept.jpg

 

Hopefully they will work. If not you can copy and paste the text and they shoudl then take you to the pages

[sploits]

Morning all,

 

Over the weekend we recieved a nice letter from the FOS saying that the charges of £25-£30 are fine and we signed for them so we should pay them. Surely this isn't right? We are currently emailing the adjudicator about this stating what the OFT said in their April 2006 report but we aren't holding out much hope.

 

Anybody have any other ideas?

 

Thanks,

 

Sploits

[ims21]

fos don't adjudicate on what is lawfiul and unlawful.

 

You will need to issue if you want to get these charges back

[sploits]

So we would have to go to court?

 

If so do we issue Black Horse with a LBA?

[ims21]

Yes lba with an updated spreadsheet of what you want back...interest right up to date

[sploits]

No problem, thanks ims21 we will knock up a letter before action (well doctor a template from here haha).

We will issue it and see what they come back with.

 

We were advised to contact the FOS regarding the unlawful charges so thats what we done but I guess its just been weeks wasted (although Black Horse have went quiet in this time).

 

Thank you again