Blackhorse

[dx100uk]

in a court of law 'proof of posting'

 

is all that is needed.

 

with this particular scehario, i'd use 2nd class stamp & get proof of posting from the PO counter.

 

as for you keep paying.

 

i agree with BB here, stop your payments, NO CCA = NO PAY.

 

legally!

dx

[Hayley1210]

Please can someone help me.

 

Since all of the above, I have maintained agreements I thought were in place,

 

however, I have continued to be harassed like mental by telephone fro Dawn until dusk, it's really beginning to affect my health and I've been to my GP.

 

I have received statements and am still being charged interest and charges.

 

I have been doing some serious thinking, about cutting all payments to £1 and asking the creditors to take me to court??

 

is this something they will do automatically if I asked or would it all still be really drawn out trying to amount my debt up.

 

I've tried so hard with these companies, have lept an audit trial of every letter sent,

blackhorse won't reply to SAR and barclaycard won't produce a cca, nor Next.

 

I have a mortgage which is in minor arrears, but the house is worth probably everything I owe and if I was to sell I'd walk away with nothing,

would a court make me sell the house does anyone know??

 

I have two children under 2 and a 12 year old.

 

I've even considered selling off things out the house but in reality this would make little difference I already live in a time warp when it comes to furniture.

 

I really need to know whether requesting court action could benefit me rather tha having dire consequences and being forced to pay more than I can afford??

 

Thank you so much

Hayley

[Bazooka Boo]

You MUST make a formal complaint to Ofcom, and the OFT, also if it is so distressing I would certainly advise visiting your local Police station, or ring the 101 number and make a complaint of harassment to them, DON'T let them fob you off with "it's a civil matter" NO IT ISN'T , it's a criminal matter.

 

Take a step back a minute and take stock.

 

Any of them that are still adding interest get paid £1 a month, nothing more.

 

Can you tell us whether any of the agreements that are still adding interest have either been terminated, OR, have they ever demanded that you pay the full balance outstanding?

 

Concentrate on your PRIORITY debts, this is your mortgage and any debts that might be secured on it, also your utility bills, gas leccy etc.

 

Everything else loans (less those secured on your property), credit cards, catalogues etc are at the very bottom, and come way after, food, parties, hairdos, chauffeurs wages, nails, trips to the Zoo and cinema and then if you have anything left, they get the dregs.

 

I'll go back over the whole thread again and at what has gone on and advise.

[Bazooka Boo]

OK, had a reread and refreshed my memory,

 

This is how I see it,

 

Ascent are the ones constantly ringing yes?

http://www.consumeractiongroup.co.uk/forum/content.php?493-Harassment-by-telephone-response-letter

 

Complaints http://consumers.ofcom.org.uk/tell-us/telecoms/

 

As a side note ignore them completely, they are pretty immature, and that email they sent you dictating that you can not discuss anything with Blackhorse and you can only discuss this issue over the phone is indicative if their immaturity, therefore, once you have sent them that letter (2nd class 'Proof of posting' which is free from the PO counter) then ignore them, they will go away eventually when they realise their silly little games aren't working against adults.

Also please please please lodge formal complaints to the OFT/TS/& ofcom.

 

The Halifax OD, that is going to be riddled full of fees and charges, which can be reclaimed, but in order for you to do so, it will mean sending another SAR (£10) off to them to get the history of the account, and then reclaim under the hardship rules.

 

If any of these debts are still adding interest or charges then you MUST NOT pay anymore than £1 a month toward it, your mortgage is a priority, you really really need to keep up to date with those payments, a roof and four walls is much more important than a clean credit file.

And as long as you are paying something, even be it the legal minimum of £1 a month to your non priority debts, then a judge will be very hard pushed to force you pay any more.

 

The sharklaycard, when was that taken out? If it was pre 2007 then send them a CCA request (£1) to retrieve the original agreement, well a copy of it.

 

Above all else, I know that you can't see the woods for the trees at the moment, but there has been a lot of success posted on the forums lately, it hasn't always been easy and quick, some of the success has taken quite a few months, if not years, but if your trying your best then no judge in the land will ever fault you for it.

 

Besides, courts and judges are a long long way off, these corporations make more money out of us by keeping it out of the legal system for as long as they can to allow them to inflate the total figure with their unfair fees and charges.

 

Have you sent those that are still adding intertest and charges the hardship letter? http://www.consumeractiongroup.co.uk/forum/content.php?557-Letter-for-an-application-for-consideration-for-hardship

 

And for the storecard http://www.consumeractiongroup.co.uk/forum/content.php?562-Credit-Store-Card-Letter-Template

[Hayley1210]

Thanks for your response BB sorry I've taken a while to get back, I wanted to wait until the 3rd to see what the state if play was with all accounts. I'll explain more about each.

 

Blackhorse (currently being dealt with by Ascent) who are now ringing up to 10 times daily off three different numbers,

I don't answer any of them and am in the process of changing number through O2.

 

We've got ridof landline recently so they can ring that until the cows come home.

This is despite five written instructions to only deal with me by letter.

 

b/h agreed to freeze Interest and charges on account for initial six months I thought this was great news.

I came to payment arrangement with Ascent £20.71 a month (I owe just under £4,000) started paying once CCA was received from b/h

(which I'd requested and paid £1 until it was received).

 

Then out of the blue I get a letter from Irwin Mitchell (who I think are Ascent??) with big Solicitors Demand written across front,

saying I haven't met terms of agreement and need to pay full amount or else.

But I have met agreement.

 

I have paid the agreed amount on the agreed day, having just paid the 3rd payment this week.

 

The problem is I'm not at work at present due to poorly baby since birth and I have to trek half way across town to get to our Library

to reply to these letters and it is becoming really stressful.

 

I havent replied to this latest letter as yet, but have kept to the agreed payment anyway as I thought it would be in my best intrests.

 

There are lots of charges and hidden fees I am currently raising separately with Blackhorse. Loan taken out 2008.

 

Barclaycard are just a joke,

I did a SAR, there were a few charges from years gone by to claim back which I will do,

but the CCA I disputed as it was merely an app form, therefore, until they provide a CCA I am paying £1 a month,

have done now for three months.

 

B/c wrote to me stati g they have received my request for CCA,

but this was about a month ago and to date I've received nothing.

I do t believe they have one.

However, again, this month they've added interest and charges therefore my £1 a month is not really paving the way to any resolution,

which is why I wonder if it would be best for me to be sued through courts,

then get a set figure to repay, at an affordable rate.

 

I currently owe £3,500 dating back to Aug 2002.

 

I'm getting called by Mercers again from a host of different numbers despite letters sent requesting letter contact only.

 

I will submit complai ts as per your previous reply.

 

Halifax froze interest on £4,000 overdraft for one month only.

I was paying £20.71 but this month dropped it to £1 when they sent me a statement of charges totalling £50.

 

They also charge me £15 for the ultimate reward despite me asking to reduce the account to non fee one,

but they say whilst overdrawn they cannot do this.

Again, this is another letter that I have to respond to.

 

I have sent hardship letters to all the above, as well as SAR's and CCA requests and contact in writing letters.

 

Next directory I can cope with, I owe £700 but they admit to having no CCA therefore I'm paying £1 a month.

Taken out 2004.

 

I don't expect these things are dealt with in any kind of hurry and each creditor will attempt to milk me for anything they can,

but being bombarded with calls and letters is just overwhelming me,

rather than al these letters threatening courts etc.,

I don't know why they don't just do it I'm convinced it will be beneficial to me.

 

Thank you for any ongoing help and advice, it means the absolute world to me

Edited December 4, 2012 by Hayley1210

[Bazooka Boo]

OK, this is how I see it and what I would be doing.

 

Formal complaint to Black horse for the actions of their chosen third party goons.

With your diary of events regarding Ascent's criminal offence of harassment, I would take a trip to my local police station and lodge a report for said criminal offence of harassment.

 

Send Irwin Mitchell http://www.consumeractiongroup.co.uk/forum/content.php?425-Letter-to-solicitors-threatening-legal-action-in-default-of-agreement-request

As they are continuing to add interest then continue paying £1 a month, but ensure you know what is physically owed and what is their reclaimable fees/interest/ charges, which will take out a sizeable chunk when you add on the interest.

 

Sharklaycard remain on £1 a month, and enter their complaints procedure, they are acting unfairly and will brick themselves when you mention COBS.

 

Shallowfax again remain on £1 a month and enter their complaints procedure.

 

If you make your complaints and send them all off at the same time, then you won't have to struggle trying to remember how long they have left to rectify your complaint, they will have eight weeks to rectify your complaint or isue you with a deadlock letter then you will be able to escalate it to the FOS.

 

Oh, and as for Next, NO CCA NO PAY!

These corporations don't do court unless they know they have a water tight case or have a debtor who is unaware of their rights so can swing the odds in their favour. The calls are IMO a criminal offence and should be dealt with as such, if the police try and fob you off with it being a civil matter, then your talking to a civilian on the front desk, you need to speak with the duty inspector, and have them deal with it.

 

Ofcom also need to be informed of the misuse of their communications network http://consumers.ofcom.org.uk/tell-us/telecoms/

[Hayley1210]

BB your advice has worked wonders,

 

since sending some of your recommended letters, although I've received no responses,

tbe calls from at least Ascent (Blackhorse) and Barclaycard and Mercers have stopped.

 

I've received a letter today from Ascent for Blackhorse and don't really know what to make of it.

 

It says the arrears (£1,628) plus total outstanding balance £3,901

then asking me to co tact them to discuss and full and final settlement.

 

Obviously, I won't contact them by phone as they have suggested,

but does anyone have a clue what sort of percentage they would be looking for?

 

Realistically I have no money, but could borrow 10%, possibly 15% off my parents although am sure Blackhorse would laugh at this figure.

 

I currently pay £20.71 a month and there is not much chance of being able to pay any more in the foreseeable future

 

as my employment is being made part time so that I can care for my poorly baby at home.

 

This offer is only open for ten days

[dx100uk]

did you ever get your CRA file?

 

dx

[Hayley1210]

I did yes, is there something I need to be looking for??

best wishes

Hayley

[Bazooka Boo]

What does it say on there?

 

Forget their offer of a F&F, if they are looking at offering you a discount then you seriously need to look at reclaiming all of the charges and fees that they have added.

[dx100uk]

is the debt on the cra file?

 

dx

[Hayley1210]

Yes it is, shows the date taken, date default served, amount etc. Is offering ffs common? Wished. I had some spare cash to offer to get rid of all this worry

[Bazooka Boo]

It shouldn't be a worry, it is only money, not life or death and your not going to go to jail over it.

 

If they are offering you a F&F then there is something wrong with the debt.

 

How much of it is charges and fees?

[Hayley1210]

Honestly out of the £4000 I owe a quarter of that will amount to charges and fees.

 

I submitted a SAR but nothing received yet.

 

It was only two weeks ago

 

I got a letter from Irwin Mitchell threatening further legal action.

 

Could it be that there is something amiss with the cca??

 

They openly sent me a copy not too long ago. It's all speculation I know

[Bazooka Boo]

40 days for the SAR, everything else you get before then is just computer generated rubbish, if they haven't got the intelligence to tell the computer to stop printing hilarious jokes, then what intelligence do you think they will have trying to hold a meaningful dialogue with a Judge??

[Hayley1210]

Haha that made me chuckle. If they are in breach of SAR timescale, can they continue to add interest, charges and serve default notice (default was received after submission of SAR) .....

[dx100uk]

yes sadly

 

dx