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    • Served on 16 Feb.   On reviewing the MCOL website today for an updated, I noticed that 1) Hermes has aknowledged the claim, but not yet filed a defence, and 2) that I there was a glitch / error on the form. Essentially, it looks like I had accidentally left the "I will send detailed particulars of claim" box ticke (I thought I had unticked it), with the result that the claim section has been truncated, and some extra text has automatcially been added - in red below):   "...Claimant seeks £XXX, plus I will provide the defendant with separate detailed particulars within 14 days after service of the claim form. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of..."   This is obviously not ideal. Is it better to try to amend the claim somehow, or to just submit a brief POC that a) clarifies that I am seeking £XXX plus costs (which was automatically truncated), and b) sets out my calculation of the £XXX?  
    • Hi   It amazes me how they pass the buck as they don't want to deal with a private homeowner but if the shoe was on the other foot they would be hammering down on you for breach of tenancy.   As this is council housing you need to make a Formal Complaint in writing to the Council Housing about this (as a social housing landlord they have a complaints process they have to follow). you need to exhaust their complaints process. Make sure and title your letter Formal Complaint.   From what you have posted this tree is not just a nuisance but also a Health & Safety risk:   1. The tree being overgrown is now a danger to the occupants/Guest/Visitors to your property   2. The tree has overgrown into the Council Housings Boundaries your property causing damage/endangerment to the occupants/guest/visitors.   3. As the roots of the tree are also overgrown into your property you have concerns that these may be causing/damaging to any underground pipework that may be within the boundray of the property.   4. So far the Councils actions have been to treat their Council Housing tenant as a third class citizen with a private homeowner aloud to cause endangerment/possible damage due to these overgrown trees which are encroaching on your council house property/bounderies.   You also require clarification why you were sent the Healthy Neighbourhood Information which states I have to pay £375 to make a complaint. (make sure and attach a copy of the response that states this cost)   You also require copies of the following:   1. Complaints Policy (not the leaflet) 2. Customer Service Standard (not the leaflet) 3. Health & Safety Policy (not the leaflet) 4. Public Liability Insurance Policy. (not the leaflet) 5. Clarification from you if their is any underground pipeworks running through the bounderies within the garden area (you should have full knowledge of this it being your property/plans) 6. Compensation Policy (not the leaaflet) 7. Equality & Diversity Policy (not the leaflet)   When you get the above policies sit with a pen/pencil/highlighter and take you time reading them and just think to yourself 'DID THEY DO THAT' if not mark it then leave it for a while then do the same again this way you can basically throw/write back stating the haven't followed x policy with which part of that policy and your reason. (you are building evidence to use against them using their own policies. I would also like to refer you to The Local Government (Miscellaneous Provision) Act 1976: http://www.legislation.gov.uk/ukpga/1976/57/part/I/crossheading/dangerous-trees-and-excavations     You need to remember yes it is the Council but the Council Housing is a separate entity and is a Registered Social Landlord (RSL)   Is the Council Housing classed as a registered Charity? (what is their registration number whether charity or RSL?)   Also have a wee look at this CAG link:     
    • @rocky_sharma   Fame at last!!   Dunno how much help it would be in your case, but I could try digging out the txt of my defence if you think it might be relevant to your defence. We might hafta do this via PM, then e-mail though if ya wanna go down that route.   Good luck with yours anyway mate.
    • The car finance firm, owned by Provident Financial, voluntarily handed the money to all 5,933 customers potentially affected by the breaches, which occurred between April 1, 2014 and October 4, 2017. It was also fined £2.77m by the Financial Conduct Authority for the way it behaved. The FCA said Moneybarn's actions meant more than 1,400 customers, many of whom were vulnerable, defaulted on their loans after entering into 'unsustainable short-term repayment plans'. This meant that they were punished with extra fees and charges, which many could not afford. https://www.dailymail.co.uk/money/markets/article-8013573/Moneybarn-pays-30m-customers-failing-treat-fairly.html   dx  
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RenJen44

DLC chasing old BH car finance debt - default date in question

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Hi,

 

Hope someone can give me some advice on this.

 

Ok, here's my back story... I fell into debt in 2009 after getting out of my depth with catalogues etc, I did have a car on HP at the time but couldn't afford that either therefore it had to go.

 

I'm pretty sure I handed the car back to Black horse in early 2010, unfortunately I cannot remember the exact date or the last time I made any payments directly to BH, but assume it was a few months before I handed the car back.

 

I joined a DMP (Debtline) in 2010, which I was in until 2011. I paid £120.00 a month for several debts, the catalogues and HP for the car. I had to cancel the DMP in early July 2011, lost my job and then husband bolted, no income meant massive cut backs had to be made.

 

I think its safe to assume that as BH was in the DMP the last payment (albeit reduced) made via the DMP in June 2011.

I have checked my historical bank statements online (from May 2010 to present) and I can see payments to the DMP, up to and including June 2011, I cannot see anything for BH.

 

I'm now happily divorced and have been working hard to sort my self out, I've paid off a few smaller debts and currently have a payment plan with Lowell on 2 other debts (catalogues, reduced figures due to negotiating at £10 a month each).

 

However, I've now received 2 annual statements and a letter on the same day from DLC for a debt of £6,268.00 from Black Horse for the car, the letter is offering me a discount if I pay what they ask for. (This was addressed to me at my previous house, I know the current tenant who passed it on)

 

This is the first time I've heard from anyone about this, I haven't heard anything from Black horse for years, last time was before the DMP, neither have I had any communication with any debt collection company over this debt.

 

I dug out my old credit file from 2015 and there was an entry for Black horse, this had a start date of 14/10/08 with payment terms stated as: £11161 x 17 months and a default date of 10/08/2012 with a figure of £6268.00, which is over a year after I last made a payment through the DMP!

I also dug out my 2016 credit report and there is no mention of Black horse or DLC, and there are no CCJ's listed.

I have checked my online report, nothing about BH or DLC (or CCJ's) and have also ordered a new £2 copy for this year to double, double check.

 

I'm aware of the statute of limitations and I am wondering how would I go about finding out the actual default date? I don't really want to do anything to inadvertently acknowledge the debt.

 

Happily take any suggestions or advice on how to proceed with this.

 

Thanking you in advance

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no harm in ring Blackhorse and asking.

 

 

default date is not the SB date


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

 

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Thanks for the reply Dx,

 

Ok, so here comes the next questions. How do I find out my SB date, is that 6 years from default date on credit report?

 

And its fine to approach BH with these questions or should I write to them with a SAR?

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no they've [bH] sold it on so safe to ring

simply ask the last payment date

 

 

sb date in NOTHING to do with defaulted date.

 

 

dx


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

 

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Hi,

 

Thanks for the help.

I have spoken with BH.

Very helpful girly informed me the last payment they received was on 18th July 2011.

 

What does that mean in relation to the SB date?

 

Having reread letter from DLC they "claim" I owe ME III Limited £6268.19,

yet the statements they have sent refer to BH??

 

Does that mean it's been sold on a few times?

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6 years from that date it will be time barred.

 

Have you reclaimed ALL of the fees/charges and interest from the debts you're paying?

 

If not and you're blindly paying Lowlifes tenner a month, then dump them down to £1 a month.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi Bazooka,

 

Thanks for reply.

 

So wait them out for a few more months and send the SB letter.

 

I didn't know you could do that for catalogue debt!!

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you can do that to all debts

but it wont be sB'd if you are paying!!

 

 

as for BH

the debt has been sold to cabot [DLC are cabot]

 

 

send a CCA request

as you should all your debts bar moblies/bank accounts


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

 

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Hi dx,

 

Found out about about how to deal with DCA's too late.

It was after I'd started payment plan with lowell, so I know I can't SB those 2.

 

I've not paid a penny to DLC, these have only recently crawled out of the woodwork.

 

So, I can CCA them (DLC) and another small one (lowell) that's appeared.

 

Thank you

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yes you could


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

 

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