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monica32

Ascent legal offering discount on BH loan

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Hi Andy,

 

Default Notice received from BH on 6th March 2013.

 

Important you should read this carefully.

 

This is a default notice served u det s87(1) if the consumer credit act 1974.

It relates to your credit agreement with us numbered ...

 

This agreement says that you must make all payments on their due date.

You have broken your agreement as there are arrears of ....

 

To remedy your breach you must pay these arrears before 26th March 2013.

If the action required by this notice is taken before the date shown no further enforcement action will be taken in respect of the breach.

 

If you do not take the the action required by this notice before the date shown then further action set out below may be taken against you.

 

If the arrears are not paid before 26th March 2013 we may demand payment of total amount outstanding under agreement.

 

You should be aware that if we take you to court and get a judgment against you requiring you to pay us the money you owe us

under the agreement you may have to pay us both the amount of the judgment and interest under the agreement on all the sums owed by you at the date of the judgment until you have paid these in full.

This means that even if you pay off the whole amount of the judgment you may still have a further sum to pay.

 

This notice should include a copy of the current Office of Fair Trading information sheet on default.

 

If you have difficulty on paying any sum owing under the agreement or taking any other action required by this notice you can apply to the court which may make an order allowing you or any surety more time.

 

If you are not sure what to do you should get help as soon as possible example you should contact a solicitor your local trading standards department or your nearest citizen advise bureau.

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Does it not state the amounts to be paid or the balance ?


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Andy,

 

It states amount of areas of £997.92

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Seems okay...always better to actually see a scan/upload.


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unapproved

 

 

agreement number showing twice on DN and top right of the agreement

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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Still cant see any actual arrears figures on the DN ?


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Andy,

 

This Is DN Black Horse provided. I have scanned it and uploaded.

 

Thank you,

 

Monica

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Andy,

 

This Is DN Black Horse provided. I have scanned it and uploaded.

 

Thank you,

 

Monica

 

 

Okay see them...well it looks fine and dandy so they did default you...so whats the problem now?


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I am trying to establish why BH has sold account- thought that maybe DN was issued incorrectly.

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Default Notice is fine...as for why they assigned it...who knows......as for AL issuing a further default notice...if the account was never terminated...then they are permitted to issue a further default notice.


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Thank you Andy,

Defaulting account and selling to DCA its not termination of tne acoount?

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Thank you Andy,

Defaulting account and selling to DCA its not termination of tne acoount?

 

Not always...unless the default notice or T&Cs specifically states so...and if the assigned debt was absolute, the assignee (AL) enjoys the same rights as BH and is therefore legally entitled to issue a further default notice.

 

Different if it was credit card rolling credit..they would stop your use and ask for the cards back...as this is a fixed loan..you have had the money...so not much point terminating it...


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Thank you Andy for all valuable advise.

If they decide to issue court proceedings I dont stand the chance do I?

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Thank you Andy for all valuable advise.

If they decide to issue court proceedings I dont stand the chance do I?

 

Never say don't have a chance.....in the meantime try to look at the type of assignment involved ...look at the notice of assignment (if you have one)

Google assignment of debt and the two different types of assignment ...look at the Law of Property Act 1925...only if their type of assignment was Legal not equitable are they allowed to issue a further default notice.


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Hello,

 

I have found an assignment letter from BH.

It states as follows:

 

We hereby give you notice that this balance has been assigned to Hilsden Securities rrading as DLC.

This means that Black Horse no longer owns your account and your account is owned by DLC.

Under the terms and condition of this assignment and as defined in Data Protection Act 1998, DLC is now the data controler of your. Personal data contained in the records of this account, who is the person whom determines the purpose and manner in which your personal data is processed. Black Horse will continue to use your personal information for the same purposes as preavuiously notified in your agreement.

 

We may start reporting against your credit file whithin 90 days of this letter.

 

Many thanks for all advise

 

Monica

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So basically the standard terms on most assignments....the actual Notice of Assignment will never reveal the actual type of assignment IE Legal or Equitable....this information can only be discovered from the Deed of Assignment...which you are not privy too unless the assignee tries to enforce the agreement in court..which you can then request they disclose the terms of the assignment.

 

As you are way off that stage as yet monica....I would simply put this on the back burner for now until they do threaten litigation.

 

Andy


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Andy,

 

Thank you for all advise. I will wait and see what their next steps are.

 

Regards,

Monica

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Hello again,

 

I went over SAR documents again last night

it turns out Hilsden had added a fee to the account when they bought it.

 

Does it make their DN notice invalid?

 

Also if BH have defaulted my agreement

does this mean Hilsden is not entitled to any remedies prescribed by Section 87 of the Consumer Credit Act 1974 which includes being entitled to the full balance of the account.

 

I am also looking at the amount of intrest Hilsden were applying

and it seems a lot

- for £150 paid in they would add £80 in interest,

the amount of interest applied varried each month as well.

 

I am right to think it should be the same each month if the intrest rate is fixed at 16.68%?

 

Thank you again for all input

 

Monica

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that £80 should equate roughly to the same figure BH were charging each month?

 

how are you working out hillies added their own fee?

 

 

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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DX,

 

It is in SAR titled as such- sale with fee. Interest though should be charged at the same rate each month surely?

Hilsden charged diffrent amount each month, £80 one month, £59 next.

 

Thank you

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we don't know

we cant see the full history

we can only speculate

 

 

what about reconstructing how is should have gone?


please don't hit Quote...just type we know what we said earlier..

 

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Hello all?

 

Since Dlc isdued default in February they have not contacted us, until

 

today when letter from Dlc arrived stating:

 

' We feel that we need to explain how arreas on your account occurred that lead to issuing a default notice.

Areas we hold differ from that one on DN issued to you by original creditor BHL.

 

Your original contractual instalments amount for loan ref no ... was £222.24 per month.

At some point you reduced these payments with BHL to £150.

We believe that it was only fair to give you the option to continue maintaining the payments at this lower rate.

 

When we acquired this account from BHL we made business decision to accept this lower rate.

BHL also advised that the account was at least 4 months in areas

 

We made a further business decision to set the arreas at this point to 4x£150.

This again we believed to be the fairest outcome for you.

 

We have enclosed a print out showing how the arreas have accured on the account

and how ww calculated the arreas balance on DN sent you.'

 

Attached to the letter is a print out of transactions since 17/07/2014.

Where dlc is taking off payments of £151 and adding 150 to it.

I dont undetstand it at all.

Can anyone advise please.

 

Kindest regards,

 

Monica

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You will have to upload a copy of the Transactions Monica for opinion


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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