Ascent- Irwin Mitchell blackhorse loan

[zoemk10]

I had a loan from Black Horse back in 2007,

I got in to difficulty pretty quickly as my bonus got unexpectably cut.

 

I made an arrangement and kept this up until I was made redundant in May 2009.

 

Since then on and off I have been making payments.

 

My account was passed to Ascent early 2012 and I made an arrangement to pay £50.00 per month.

 

At this time I had once again been made redundant and was living off my redundancy.

 

I managed to keep this up until Nov 2012 when the money ran out.

I had a conversation with Ascent where i assertained that my £50 was being swalled by at least £80.00 worth of charges and interest per month.

 

On Nov 23rd I wrote to black Horse and made a subject to access request.

I wanted to see if I could get some of the charges back and the interest frozen.

They responded on jan 16th.

It took a while to get all the info together and I had just started a new job

 

I responded on Feb 10th asking them to refund charges which I'd calculated and freeze interest.

I also included income/expenditure details and offered a token payment of £10 per month until I was back on my feet.

I did not receive a response to this letter, it was sent recorded.

 

April 7th I sent another letter and inc a copy of my Feb letter and again no response.

 

3 weeks ago I signed up with noodle and checked my credit file-

Black Horse or rather Ascent have issued a defualt notice and a CCJ at my previous address,

this was done on Jan 31st even though they had my new address in November but I think even earlier than that.

 

I contacted Ascent and they said they werent sure why it had happened and they would look into and call me within the week,

 

2 weeks passed and nothing

I called them, they said they would called me back in ten minutes

 

after a week nothing

today I called again.

 

Took ages to get through and then the person on the phone said 'would it be ok to call you back' and I said actually no way!

 

v v long convo which went nowhere.

Manager called me this evening and all she is saying is they will set aside CCJ on previous address and reissue on my current address.

 

This isnt acceptable to me for the following reasons:

 

- They had my current address and had written to me so why did they sent to previous address?

She tried to say they're allowed to send to my last known address but that wasnt my last known address

 

- I could not off a defence because of course I did not receive the paper work

 

- I was waiting for a response from Black Horse, which I still have not received, it was not as if I was ignoring the matter.

BH also sent Ascent my february letter but neither responded

 

- I dispute the default being dated 2013 because this account actually defaulted in 2008/2009.

The fact that Black Horse chose not to apply the default at that time is not my fault.

Furthermore I did not receive the default notice as this was also sent to my previous address

 

- Ascent are trying to say it doesnt matter because the fact remains I havent made a payment since Nov

I have been writing to BH and they have been ignoring my letters.

 

I did make an offer of a token payment and if this was not acceptable they could've come back and discussed.

 

I think Ascent have sent the paperwork to my previous address on purpose.

I need to try and sort this out!

 

Next year apart from this I am clear!!!

I cant start this 6 year sentance again.

Please help!

[ericsbrother]

You need to apply to the court to have the CCJ set aside, your explanation of deliberate use of a previous address will be good enough reason. Once that is done you will be in a stronger position to decide how you want to pay off your debt. You could also use this application to have your PPI etc refunded and demand a proper statement of debt as thwey would be mad to try and obtain a CCJ using false numbers, especially as you will have had one CCJ overturned.

[zoemk10]

Hi

 

Need some advice on the above before I commit to something I cant get out of!

 

I will try and keep this brief!

 

Debt with Black Horse which defaulted back in 2008/2009 (default not applied to credit file, just arrears showing)

 

Paid reduced payments till Nov 2012 but had been out of work since Jan 2012 due to redundancy and was struggling to keep up. Also at this point noticed that despite paying £100 per month they were applying 80-90 of interest and charges per month and so debt had not reduce by hardly anything!

 

Sent SAR in Nov 2012, they replied Jan 2013. I then did all the calculations and asked for charges and interested to be refunded under hardship laws. They didn't reply. Sent another letter in April and again no response.

 

In July I checked my credit file and noted that in Jan they had applied a default and also obtained a CCJ at my previous address- obviously I did not receive any paperwork.

 

Since then have been trying to get them to admit error and remove CCJ and also mark default correctly, i.e. I default in 2008 not 2013! Took this up with FOS who took 3 months to tell me I would need to ask the court to intervene!

 

So now finally Ascent legal have admitted they made a mistake and sent paperwork to previous address even though they had my current address on file since Nov 2012. They have said they will set aside the CCJ if I agree to a tomlin order.

 

However they say I will have to sort default issue directly with black horse and also I want to negotiate a lower figure for the order to reflect the charges etc.

 

What I want to know is; should I agree to Tomlin order or just apply to court myself? Should I only agree if they agree to also sort default and lower settlement figure? Is there anything else I should do?

 

Also, if they agree to these things but then don't do them and are therefore in breech of order is there anything I can actually do?

 

Sorry that wasn't very brief! Appreciate any help:) x

[zoemk10]

PS I do want to pay this debt but I just feel Ascent are trying to trick me into something which leaves me powerless!!

[maroondevo52]

Hi,

 

Sorry this is not something I can help you with but I have moved this thread to our Financial Legal Issues Forum, hopefully you will get some help shortly.

 

Regards,

 

Scott.

[zoemk10]

Ok, thank you- wasn't sure where to post!

[AndyOrch]

Depends what they wish to achieve within the Tomlin schedule...if its merely to set a side I cant see a problem but as you state you dont have to and can make application yourself to set a side......but let them do it .

 

Regards

 

Andy