Blackhorse CCJ on car debt.

[boxbox123]

help

 

Black horse have ccj but the debt for car h as been paid in full infact there has been an over payment

 

the ccj was served to the wrong address . i became aware after four years

 

black horse are saying the dept is not regulated by the consumer credit act 1974

there is no contract between black horse or bank of Scotland

 

can some help me in writing a defense to there POC

[ericsbrother]

start a new thread in financial legal as this is 8 years old.

then say what it is all about- loan, overdraft, etc.

[boxbox123]

Re: credit agreement NOT regulated by consumer credit act

help

 

Black horse have ccj but the debt for car as been paid in full infact there has been an over payment

the ccj was served to the wrong address . i became aware after four years

 

black horse are saying the dept is not regulated by the consumer crediticon act 1974

there is no contract between black horse or Bank of Scotlandicon

can some help me in writing a defense to there POC

[BazzaS]

Re: credit agreement NOT regulated by consumer credit act

help

 

Black horse have ccj but the debt for car as been paid in full infact there has been an over payment

the ccj was served to the wrong address . i became aware after four years

 

black horse are saying the dept is not regulated by the consumer crediticon act 1974

there is no contract between black horse or Bank of Scotlandicon

can some help me in writing a defense to there POC

 

Grounds for set aside: service to wrong address (had they been informed of the new one?), with reasonable prospect of defending claim.

 

Defence : debt had been repaid in full.

If you can establish this then the ownership of debt / privity issues become moot, surely?

[boxbox123]

yes i have all my bank statements to show payment

sorry but what is moot

 

i wish to put in defense to their POC

 

they asking for a further 10 630.59 but my back statment show the debt was paied in full in 2009

 

bank statement

[dx100uk]

so we can give you the correct advise for your claimform

 

 

can you please fill this in

and post the q&A back here

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

 

dx

[Peterbard]

Hi

The situation is, that before April the 6th 2008 any secured second charge loan over 25k is not regulated under the consumer credit act, there was a limit on the amount of credit under a regulated agreement to 25k, in addition the FSA did not regulate second charge mortgages.

This left any agreement over 25k unregulated, and pretty much unprotected.

 

Many subprime lenders took advantage of the regulatory gap to encourage lenders to take out agreements which were far from anything which would be allowed under the consumer credit act.

 

In 2008 the upper ;limit on regulation was lifted and the CCA subsequently protected all later agreements.

[boxbox123]

3. The decision made by Black horse Limited is incorrect and has suffered from a procedural error or irregularity in the decision making process which was done through a blatant error that is not in accordance with due process.

9. The claimant has made false representation by presenting to the court using two different contract as both being one authentic document. However, due to the enormous amount of difference and inconsistencies between both documents it is quite clearly that they are different and are in fact not a direct copy of each other as claimants detailed. For further details see (exhibit 3).and (exhibit 4

10. It is denied that a contract was signed for a lease or hire Purchase Agreement or as a guarantor. There are over 15 differences across both the alleged agreements submitted by the claimant as an original document. Despite these differences between the two alleged documents, oddly the signatures that is said to be the alleged signatory of the defendants are precisely the same on both alleged documents. The claimants blatantly used a false signature on the documents knowing the document to be untrue; (exhibit 3).and (exhibit 4)

 

11. I believe the signatory documentation submitted to the court has been superimposed which is a demonstration of fraudulent activity on the claimant side. I believe the claimants forged and counterfeited the signature purporting to the defendant. Regarding the signatures however, it is known statistically by any handwriting expert that no one signatory are exactly alike which these two alleged document detail. It is also known statistically that if a signatory appears exactly the same it is an indication fraudulent activity.

For example:

It can be seen that payments are arriving onto the claimants balance sheet. 6 days before have even left the payees (defendants) bank account. It can also be seen in the two settlement offers statement ( in exhibit 7) one is 3000 and other 11,000 in less than a year. Additional Fraudulently dishonesty actively can be seen reoccurring multiple times from the outset alleged contract missing funds can be seen (exhibit 2 quick analysing chart).

 

Capital bank of Scotland Account 02/01/2009 Black horse /Lloyds Account 06/01/2009 Defendants Account 30/01/2009

£14,522,67

£18.884,01

overpayment £6.664,42

 

sorry the format has gone

 

15. Point 16 show how these all payments over £400 have been misaligned and placed askew to hide embezzlement activity (exhibit2)

16. In(exhibit2) It can be seen how late theses £500 payment have been applied to the account late, Thus gaining extra interest and monies for the claimants. Since many of the payment were paid from various account . I believe the claimant action was to hide embezzlement activity. It can be seen that there is a further 3,000 outstanding

17. Evidence of embezzlement activity -payment are showing in the claimants account 3 days’ before it is authorised by defendant. These payment have been misaligned and placed askew to hide embezzlement activity(exhibit 2)

18. The Black Horse have abused their authority by false accounting, as there are a multitude of inaccuracy, duplicitous deceptions and disingenuous lead the defendant to question the fraud and dishonesty which were coexisting in the claimant actions. (exhibit 7) firstly ignore the defendants peas.

 

19. The question to be asked here is, how could this be possible since ,claimant states they only received the deed of assignment in 2009 . Nevertheless the unrelenting misappropriated interest continued until a unfair judgment was in place. This also contravenes ruing by FSOC , OFT ruling on 5th April 2006 that high level penalties charges banks levied upon customers to be unlawful. As part of the claimant s subterfuge e tactics they gives the impression there are two different company but they one of the same see (exhibit 10)

 

20. The summary judgment is unjust as it was based on misleading, inaccurate and incorrect information.

 

this my response so far

does make a good defense

or i am talking rubish

[Peterbard]

Capital bank of Scotland Account 02/01/2009 Black horse /Lloyds Account 06/01/2009 Defendants Account 30/01/2009

£14,522,67

£18.884,01

overpayment £6.664,42

 

This is all v confusing. IMHO I would stop trying to talk like what you perceive a solicitor would and write an account in plain English.

[maroondevo52]

Hi boxbox,

 

I have started a new thread for you in the Financial Legal Issues Forum.

 

Regards,

 

Scott.

[boxbox123]

ok so mad

[boxbox123]

in 02/01/2009 Capital bank of Scotland Account stated the account was £14,522,67

[BazzaS]

yes i have all my bank statements to show payment

sorry but what is moot

 

i wish to put in defense to their POC

 

they asking for a further 10 630.59 but my back statment show the debt was paied in full in 2009

 

bank statement

 

Why does it matter who is claiming money owed (be it Black Horse or Bank of Scotland) if you can show no debt exists as the money was repaid?

BH and BofS can go argue between themselves : your point is that the debt had been paid in full.

[boxbox123]

in 06/01/2009 Black horse /Lloyds Account state the account was running at £18.884,01

 

however when u add up my bank statement to that date or nearest shows Defendants Account 30/01/2009

overpayment £6.664,42

[dx100uk]

fill that link out please

 

 

then we can help you properly

 

 

dx

[boxbox123]

the sum started at 1700 with interest 21,000 todate i have paied 28,000 and they are requesting a furter 10,000

[maroondevo52]

2 Threads merged.

[dx100uk]

BB

 

 

so we can give you the correct advise for your claimform

 

 

can you please fill this in

and post the q&A back here

 

 

http://www.consumeractiongroup.co.uk...-December-2014**

 

 

dx

[boxbox123]

Name of the Claimant Blackhorse

Date of issue – 4 may 2011

 

What is the claim for – the reason they have issued the claim?

 

1 date of agreement 05.04.07

2 parties there to the claimant and defendants s

3 agreement number *******( this is not a number I am familiar with)

4 this agreement is NOT regulated by the consumer credit act 1974

And the claimant claims

a) Delievery of the goods

b) Payment of 10,630.59

c) Cost

----

 

The good are paid for in full

 

Place agreement signed bank of Scotland plc

6 description of goods

7 by written notice the agreement was terminated on 17 march 2011 when the right to delivery accrured 8

8 the amount claied in addition to delivery up 10,630.59 being in arrears at termination balance of future payments plus late payment interest and fees)

 

What is the value of the claim? Unsure the form says £10,630.59 principle sum was £17000 with 1000 deposit

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? No

When did you enter into the original agreement before or after 2007? 5 April 2007

Has the claim been issued by the original creditor or was the account assigned

and it is the Debt purchaser who has issued the claim. No was 1 capital 20 bank of Scotland 3) Blackhorse

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

Did you receive a Default Notice from the original creditor? No

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no

Why did you cease payments? Unemployment

What was the date of your last payment? 2010 sep

Was there a dispute with the original creditor that remains unresolved? no

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? yes

What you need to do now. The 6 years is up in march this year

Answer the questions above after gathering bank statement they received over payment

 

If you have not already done so

– send a CCA Requesticon to the claimant for a copy of your agreement

 

 

yes and they are both different

There are two different versions one is hire purchase / the other a rental agreement

 

In total 21 difference between the agreement

Edited January 12, 2016 by dx100uk
edited by dx to try and make it readable

[dx100uk]

so going by the thread so far

I think FORD is the closet one to whats going on

 

 

you have a CCJ issued in 2011

that you think is unfair and you want to set it aside?

[boxbox123]

yes

i have all my bank statements i want the ccj set aside

i believe they have they have deliberately defrauded me they owe me £6000 never mind paying any more money

 

i hope this is in the right place

[boxbox123]

yes

i have all my bank statements i want the ccj set asideicon

i believe they have they have deliberately defrauded me they owe me £6000 never mind paying any more money

[dx100uk]

yes it is.

 

 

for a CCJ of 2011 its a bit late to set it aside

 

 

you cold try reclaiming

 

 

can you scan up all you statements and agreements?

 

 

follow the UPLOAD

[boxbox123]

reclaiming?

i have the on the computer not very good on computer

 

sorry they are on excel unsure how to get them across to u

 

can not paste them

 

save as pdf not coming across

[dx100uk]

make sure you remove your name etc etc to we/readers/them cant tell who it belongs too

 

 

the go file save as .pdf

 

 

once in pdf format

 

 

look below right of the msg box you type your reply in

go advanced

 

 

scoll down find manage attachments box

 

 

then browse to the file and upload it.

 

 

dx