Ascent legal offering discount on BH loan

[monica32]

Andy,

 

They are applying intrest to the account but the intrest rate is diffrent than the intrest detailed in my agreement. I thought that intrest they are charging has to be at the rate specified in agreement?

 

Thanks,

Monica

[AndyOrch]

Andy,

 

They are applying intrest to the account but the intrest rate is diffrent than the intrest detailed in my agreement. I thought that intrest they are charging has to be at the rate specified in agreement?

 

Thanks,

Monica

 

Correct unless the terms of default change it......have you checked the T&Cs ....have a look in particular at " If you default on this account " section.

[monica32]

Andy,

 

Account has not been defaulted by original creditor BH prior to sale

therefore t&c aplicable under my agreement with BH should remain the same regarding interest?

 

T&C states:

Interest will be calculated at the intrest rate shown on page one of the agreement on the daily balance outstanding on the Account and debited to the Account on the last day of each calendar month, after as well as before any judgment.

 

If you break this agreement and fail to make any payments under this agreement by its due date or if you break any other terms of this agreement and in either case fail to comply with a default notice sent to you about it we may require you to pay us immeadiately the sum of The balance then outstanding on the account

 

The total intrest that would have fallen due under this agreement after that date if you had continued to pay monthly repayments on their due dates until the account was repaid in full.

 

Thanks,

Monica

[AndyOrch]

Well they didn't issue a default notice nor have they marked your credit files...but you was in arrears so will be considered as a bad debt...strange one this monica.The interest should be the same.

Something you will have to query with HS....perhaps before going down that route have you ever requested a DSAR from BH?

 

May be prudent to do some research first on the account and see what their files hold.

[monica32]

Andy,

Yes I have Sar documents from BH- what should I look for please?

 

Thank you

Monica

[AndyOrch]

Take a look from where you started to have problems...and what was recorded to the arrears...interest charges etc etc

[monica32]

Ok will do and will post any findings here.

 

Thank you

Monica

[monica32]

Hello all,

 

I went through all SAR documents from BH and I only found as follows:

 

7 Notices of default sums were isdued with activitity collections fees ranging from £15-£30

 

Default Notice served under s87 for the areas of £216.72 served on 11/10/2012

Default Notice served under s87 for areas of £997.92 served on 6/03/2013

On 13/04/13 BH have assigned debt to Ascent legal. I have received two letters from Ascent offering me 25% discount if I offer Full and Finall.

On 8/07/2014 BH has sold account to Hilsden Securities.

 

CCA has been sent with SAR- I have checked it through- my date of birth is wrong

 

Any thoughts please?

 

Thank you

Monica

[AndyOrch]

" Default Notice served under s87 for the areas of £216.72 served on 11/10/2012

Default Notice served under s87 for areas of £997.92 served on 6/03/2013 "

 

Well the above proves that they did Default you...maybe even terminated the agreement ?

[monica32]

Andy,

 

What now than?

 

What steps should I take towards Hilsden Securities?

 

Regards,

 

Monica

[AndyOrch]

Well most if not all Default Notices...if not complied with (I assume you didnt comply?) then terminates the agreement....so if the agreement is terminated that would be why it was assigned as we have already discussed.

 

Therefore no interest should be added after termination and HS default notice is worthless...so as what steps to take with HS im not sure...I personally would ignore them.

 

What date did you last make a payment and who to?

[monica32]

Thank you Andy,

 

No I did not comply with DN

 

. I did make couple of payments to HS.

 

When I queried why interest is being added

 

I stopped and issued complaint-

 

just recently they replied with a final response that they not upholding my complaint as they are acting with terms and condition of my CCA and interest is applicable

 

. Soon after DN has arrived.

 

Thank you

Monica

[AndyOrch]

But what date was your last payment....or reduced payment?

[monica32]

Andy,

 

It was in July 2014

 

Thank you

Monica

[AndyOrch]

On a fixed term loan...how many payments monica?

[monica32]

Andy,

 

How many payments all together?

Original loan was £9000 + 4000 of intrest

£8150 paid off

 

Thanks

Monica

[Guest]

ouch, 4k interest! over how long?

[AndyOrch]

Should state on your agreement 3/5/7/ years?

[monica32]

Andy,

 

5 yeras

 

Ford,

 

Over 5 years and it was £2k not 4

[monica32]

Andy,

 

I know from SAR that default has been served by OC prior sale to DCA.

 

Can I now sent Dispute letter to DCA asking for a refund of all intrest applied since the acvount has been acuired by them?

 

Also default notice isdued by DCA

- amount of arrears is definately wrong

- doest it mean DN is invalid.

 

Many thanks for advise.

 

Regards,

 

Monica

[renegadeimp]

Was it an actual default notice the dca sent? Because they can't send one. Was it a notice of default sums that they tried to bluff you into thinking it was a default notice?

[AndyOrch]

I personally would just ignore them ...let them add what they want....until they try to issue a claim...disregard them.

 

And no they cant request arrears on a fixed term loan....should be the full amount as the account is terminated.

[monica32]

Was it an actual default notice the dca sent? Because they can't send one. Was it a notice of default sums that they tried to bluff you into thinking it was a default notice?

 

Hi renegadeimp,

 

Its titled Default Notice

- This is a Default Notice served under section 87(1) of the consumer crediticon act 1974.

In respect of loan made between... and Black Horse Ltd.

We Hilsden securities limited trading as Dlc are now the owner of this agreement as the benefit of the agreement has been assigned to us.

 

Provision of agreement breached:

2.1 of the agreement which requires you to make payment

 

Nature of breach: you have not paid instalments of ... Pursuant to 2.1 and you are now.... in arrears.

 

Action required to remedy:

In order to remedy the breach you must pay the total amount of arrears before 11/2/2016.

Which is not less than 14 days after the date of service of the notice.

 

Further action:

Hilsden will serve notice in writing demanding payment of the outstanding balance.

If the outstanding balance is not received Hilsden will bring proceedings against you for the outstanding balance.

 

In addition failure to make payment of arrears wil result in registering a default with The Credit Reference Agency.

 

I personally would just ignore them ...let them add what they want....until they try to issue a claim...disregard them.

 

And no they cant request arrears on a fixed term loan....should be the full amount as the account is terminated.

 

Andy,

 

If I post up original DN issued by BH in 2013 will you be able to see if its valid please?

If the account was sold on invalid DN,

invalidates the Default Notice and is an unlawful rescission of contract?

Thank you

 

Monica

[AndyOrch]

Andy,

 

If I post up original DN issued by BH in 2013 will you be able to see if its valid please? If the account was sold on invalid DN, invalidates the Default Notice and is an unlawful rescission of contract?

Thank you

 

Monica

 

Sure post them up (obscure any identifiable first)

[dx100uk]

attach the doc via the bottom right go advanced button then manage attachments

 

 

dx