Nolans for hillies - court action letter threat old BH loan - scotland

[lawrence147]

Hi Guys

Wondering if you can help.

 

Been paying off several debts over the last few years, one of which being handled through Nolans from Hillesden Securities.

 

As background info, I am a self employed tradesman so my income is up and down like a yo-yo.

My work does an admin job.

 

I enjoyed a relatively consistent 2012 up to November where work dried up completely.

I gained work in December that got us through Christmas but work is slow for the last couple of weeks since the New Year.

 

Back to the debts.

 

I normally pay between £1 - £2 per month for each of my debts while trying to concentrate on paying the lowest balance debt.

 

This strategy has work but have been struggling with payments before

and after Christmas as I have to keep money back for materials and living expenses.

 

Consequently, I've paid January's payments 2 days ago and am a little behind with the mortgage

and other more important bills (who I've spoken to and they have been understanding).

 

Today, I've received a letter from Nolans that their clients (Hillesden) have instructed them to take court action against my wife only.

 

They want £5 per month, which I won't pay as they are not more important than any of my other debts.

Problem is, the account was in joint names - as I used the money to get training for my present employment.

 

After a terse, heated conversation with the "account manager"

(who obviously won't discuss it with me and put the phone down on me).

I am no further forward with this.

 

I was under the impression that as long as I keep paying any payment on the debt however small,

the DCA would not take me to court as the court will adjudicate I am making an effort to pay.

I got this info from this forum and it has worked so far so thanks for that.

 

Can you guys help - am angry with these clowns that pose as solicitors for self importance (among other) purposes?

 

Sorry about the rant.

 

Any info would be useful.

 

Many thanks in advance

 

Lawrence

Edited January 17, 2013 by lawrence147
Trying to organise thoughts!!

[citizenB]

So a joint account and they have written / threatened your wife only. It is likely that if they dont get any joy from your Wife, they will then start on you as you are both jointly liable for the debt.

 

Questions..

 

Are there any default charges on the account.

 

Is there any Payment Protection Insurance - as a self employed person this would not have been in your best interests and therefore likely mis sold.

 

Can you scan the letter in for us to see? Follow the instructions below to do this. Please make sure you edit out any personal information prior to posting it on the forum.

 

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

[citizenB]

Is this a secured or unsecured loan ?

 

Were you ever issued with a Default Notice ?

 

In view of the fact that they have threatened court action - you should stay off the phone. You need to start a paper trail and it is likely they wont put into writing what they would say to you on the phone. If they phone, dont go through security questions (same goes for your wife) advise that you require everything in writing - this is to protect yourself in the event of litigation.

 

If you can answer the questions in previous posts, then we can work on a way forward.

[lawrence147]

Are there any default charges on the account.

Probably but these charges are 5 years old. All interest and charges have been frozen since.

 

Is there any Payment Protection Insurance - as a self employed person this would not have been in your best interests and therefore likely mis sold.

No, we caught on fairly quickly to that issue so requested no PPI of any nature

 

Can you scan the letter in for us to see? Follow the instructions below to do this. Please make sure you edit out any personal information prior to posting it on the forum.

 

Yes will do, however its been torn up in disgust so will have to stick back together as well as deleting personal info. Give me an hour.

 

In answer to your other q's

 

It is unsecured

 

Dafault Notice was served in October 2010

 

If you need anything else Citizen, please let me know. I need to get the sellotape out!

 

Law

[citizenB]

I guess it was good that you didnt shred it !!

 

Do you still have a copy of the Default Notice ? If so, scan that up as well for us. HFC usually got it wrong.. if we are really lucky, then they did in your case as well

[dx100uk]

urm..

 

something smells here

 

nolans for hillies...

 

is this on your cra file

 

and who is the OC?

 

dx

[lawrence147]

Citizen

 

Luckily, I don't shred anything these days

 

All I have of the notice is the letters sent to us individually, informing us that they are serving the notice and statements stating balances and arrears. I take it this is not what you're after.

[LostAtSea]

I'm not saying Nolans would do anything underhand, like getting a judgement by default due to an admin error over addresses or anything like that but it pays to be vigilant.

[lawrence147]

DX

 

is this on your cra file

always assumed it was - haven't looked at my file recently but i think i have a soft copy somewhere, will let you know.

 

who is the OC?

OC???

[dx100uk]

oc is original creditor

 

get a new report

 

they are all free for 30days

 

see below

 

dx

[lawrence147]

OC was Black Horse

 

Will have a look thanks DX

[dx100uk]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all figures and dates. {DO NOT USE A BIRO OR PEN]

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites [http://docupub.com/pdfconvert/]

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[dx100uk]

most blackhorse loans have heeps of charges to reclaim & PPI

 

moved to the BH forum

 

 

 

dx

[lawrence147]

Ok, have a lot of paperwork to go through to find the main docs pertaining to the debt.

 

Not sure if I have the original agreements, if I can't find, will I need to do an SAR?

 

Will check and let you know anyway.

[lawrence147]

Thanks for moving to correct forum DX too

[lawrence147]

ok have orginal agreements.

 

Will process and put them up with whatever else that's important.

[citizenB]

Right well they actually mention that they have sent you a Default Notice - but you do not appear to have a copy of that in your attachments. The letter you posted up earlier (the one that met with the accident ?) is too small to read, can you please rescan and post htat up again

Edited January 17, 2013 by citizenB
Incorrect information

[lawrence147]

Thanks CitizenB

 

As I say, I assume we were served the default notice but it may have been binned

 

Here is all the docs to date inc today's "accident" letter rescanned.

 

Law

Edited January 17, 2013 by dx100uk
all docs merged to one PDF - dx

[citizenB]

Righto, all documents are now up and ok..

 

I will just have a quick run through and see what is what - can I confirm that you are a Scot ?

 

If so, then there are differences in the law so I will need to contact a Site team Member who knows about Scottish stuff

[lawrence147]

Yep, living in Scotland

 

Thanks again

[citizenB]

There are one or two queries that I do have.

 

There are TWO assignment letters - One dated 4th November 2010 and one dated 12 Januarh 2011 - so when did they actually have the assignment ? I do not know if this is relevant or not.

 

On 16th December 2011 they offered you a settlement figure of £727.00 what appears to have been a quarter of the amount they are chasing - Why is that I wonder ?

 

Their latest letter is asking for just £5.00 per week ??

 

I think you almost certainly have charges on the account - would it be worth sending a Subject Access Request to the Original Lender for all data including statements in order to see just how many, even if they are more than 5 years ago - they are, I think still reclaimable.

 

Can they really enforce a decree for 20 years in Scotland ??

 

I will alert site team members who know about Scottish Law.

 

BRB

[lawrence147]

From the letters we've kept, the debt has "journeyed" from Black Horse to DLC, Then to MDB under wife's name only, then to Nolans. We have not received anything else from DLC since Sept 2012.

 

They offered 2 settlements, 1 of £1458 in June 2011 and the £727. Couldn't say why.

 

Am happy to send an SAR, should I need to, when I have a bit more cash (next couple of weeks)

[dx100uk]

yes the SAR will tell you WHY they are giving discounts

 

prob PENALTY charges or PPI??

 

dx

[lawrence147]

Ok thank you dx

 

I'll send an SAR letter to them based on the template on here.

 

Will be in touch

 

Thanks again

 

Law

[dx100uk]

done all the blanking out on the various pdfs and put them in one file for you

 

there is something VERY wrong with this debt.

 

page 9 letter from MDB is offering a HUGE discount.

 

i cant find it,[the reason why] but as i said earlier BH are known for selling lemons.

 

so they KNEW something was up.

 

if this were me i'd check BOTH of your CRA files

 

and get back here and let us know if it shows.

 

the SAR will be VERY interesting

i wonder what is wrong with it.

 

the CCA is ok.

 

cant be THAT many charges

 

dx