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Black Horse arrears

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I've read every thread concerning this company and do not see what I'm loking for so I'm hoping for a reply to this thread.

 

Basically, I'm not sure exactly what I owe to these, but I'm quite sure they add loads of money onto the amount owed because of arrears etc...Can I still claim the same way for any charges with loan companies like this? I mean we sign an agreement which says they will add loads of interest etc if we fail to keep up payments, but surely this is still illegal profiting is it not?

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Yes, these charges are also unlawful and should be deducted - along with any interest they have accrued. It would be worth asking them for a full breakdown of your loan since it's inception. If they refuse, or want to charge you more than £10 for it, then do a full DSAR as per the templates.


Alan, Derby, UK.

 

 

 

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Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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Thanks.

 

What does that "unenforceable" mean on your loans in your signature?

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Thanks.

 

What does that "unenforceable" mean on your loans in your signature?

 

Have a good read through the "Debt Collection Agencies" thread under "General".


Alan, Derby, UK.

 

 

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

________________________________

 

Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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I owe black horse money and I have repeatedly tried to sort it out with them but to no avail. Currently, they have Mckenzie Hall debt collectors on my back and today I received a letter saying they will be going to court about it. If they don't receive the FULL amout after judgement, they may take an attachment of earnings, seize some of my assets, lodge for my bankruptcy. Now what can they actually do when A) I've repeatedly sent them means forms showing my outcome to be more than my income and despite that I've offered to pay £5 a month. B) What can they take of mine when the property I'm in is rented and the stuff in my room ie tv, computer etc belongs to the landlady (though no proof of purchases).

 

I spoke to citizens advice about debt a few months ago and they said I am perfectly entitled to pay as little as £1 per month. If I've showed my means to be rubbish, then surely they can't take an attachment of earnings as this would leave me unable to live therefore be illegal, no? Also, I have yet to claim charges back from them which I need to get off my bum and get on with asap. Any advice please?

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Please see the forum about debt collection agencies, there is a lot of useful advice in there.

 

I would respond to their letter that before you are going to make any payment to the DCA you want to see proof of the debt assignment from Black Horse. Set a fixed time for response such as 14 days. You don't say what form the debt takes but if it is a loan agreement then you also ask for a copy of that too. Unless you get proof of the debt assignment don't deal with the DCA.

 

It is unlikely they will go to court or do any of the things they threaten especially as you have made an offer to pay. Keep everything in writing, don't talk to them by phone. Try to keep up the payment plan you have agreed to. Ensure you get a statement that shows your payments and so you can check you aren't being charged any additional amounts.

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Thanks.

 

I currently pay black horse themselves £5 a month. The thing is, I want to reclaim past charges from them. Do you think I could do this whilst also asking for original documents, probably not receive them then not have to pay debt?

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its possible maybe even likely but if they can produce the paperwork your back to square one.

 

The good thing is if it does get to court the judge is unlikey to force you to pay more than you can afford... try the DPA request and if you feel lucky go for the CCA and if they cant produce the paperwork you may be in with a chance. The debt will at least be frozen.

 

best of luck

 

Dave


** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Baconbutty congratulations, you jammy git!! :D

 

Citifinance or whoever it was you took a loan out with clearly are complete imbeciles and I just hope that Black Horse are the same! I was considering claiming back my charges and THEN requesting the original documents, so then I'd be getting money back plus not having to pay anymore if they fail to produce docs. But now I may just try the CCA thing straight away. Makes you wonder, what the hell do they do with the original docs? You'd think they'd be safely filed away!

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Wouldn't it be a good idea to make a CCA request letter as a tremplate? I can't see one anywhere, only in Alanfromderby's thread.

 

Also, if we put in the letter that we have a good defence, we will defend vigorously etc, isn't this more likely to get them off their arses looking for the agreement, whereas if we just request the docs under the act and say no more, they may think we won't follow anything up and be less inclined to bother, then leaving us home and dry?

 

And another thought, do they have to provide THE ORIGINAL that you signed and not a photo copy, if so, would they send this recorded delivery, and if not, surely we could just dispose of them and say haven't received anything therefore no evidence?

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Also, if we put in the letter that we have a good defence, we will defend vigorously etc, isn't this more likely to get them off their arses looking for the agreement, whereas if we just request the docs under the act and say no more, they may think we won't follow anything up and be less inclined to bother, then leaving us home and dry?

 

It doesn't matter what they think to be honest. After 30 days they have committed a criminal offence. You are the victim. Are YOU gonna keep schtumn? If they have the agreement then you have to pay, simple as. Most of them don't seem to have the agreement.

 

And another thought, do they have to provide THE ORIGINAL that you signed and not a photo copy, if so, would they send this recorded delivery, and if not, surely we could just dispose of them and say haven't received anything therefore no evidence?

 

They have to provide the original or a copy of it with your signature on it. If they weren't stupid, they would take reasonable precautions to ensure that they knew you had it. Quite apart from this, the behaviour you suggest would be downright immoral and would not be anything this site nor anyone on it would associate themselves with. The whole idea is to make these organisations comply with the same laws that we have to comply with, not to get one over on them.

 

EDITED to reflect Alan's comment below; apologies for confusion.

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They can provide a photocopy of the original document.

 

This is the exact wording:

 

"shall give the debtor a copy of the executed agreement "


Alan, Derby, UK.

 

 

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

________________________________

 

Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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Quite apart from this, the behaviour you suggest would be downright immoral and would not be anything this site nor anyone on it would associate themselves with. The whole idea is to make these organisations comply with the same laws that we have to comply with, not to get one over on them.

 

Yes of course, I wouldn't condone such foul behaviour, honest.

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Right, so let me get this clear. No reply after 12 days, naughty, naughty, don't do anything though. No reply after 30 days, still don't do anything? Or then write and say I owe you nothing according to such and such law and see what happens?

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No reply after 30 days, still don't do anything? Or then write and say I owe you nothing according to such and such law and see what happens?

 

Now that of course depends. You have a number of choices.

 

1. Do nothing; pay nothing. They cannot enforce it therefore you don't need to pay them anything. If you continue to get letters then report them to TS for harrassment, and continue to pay them.... NOTHING. This option is useful if you've not paid them a significant amount already, there are no defaults against you, and you just want to get on with your life.

 

2. Write to them instructing them to remove any defaults against you, and demanding any money you have already paid to them under this account. If they fail to do this, LBA, Court.

 

3. Write to them stating that you will no longer be making payments against this "debt" as it is unenforceable. Tell them that you consider the matter closed and that no further correspondence will be entered into.

 

4. Don't write to them at all, but complain to Trading Standards. Tell them you asked for CCA details and got nothing, and that they continue to pursue the debt.

 

It's entirely your choice.

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I see.Thankyou for your assistance, it's people like you and many other helpful souls on this site that are true stars for providing info for free. :)

 

Well I am definitely all for the claiming back what I've already paid option and I will definitely have a defulat against my name, I've yet to get my credit file to find out just how many I've got. My £10 cheque I sent to Black Horse with my DPA request was cashed today, but they may have just taken it off my account so we will see.

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I sent my statement request letter to Black Horse finance on 20th July, and it's been well over 40 days without reply. The £10 cheque was cashed 26th July. Now I will send one of alanfromderby's template letters threatening action. Bit worried about where it goes from there if they persist in ignoring. I have also sent them a letter requesting original documents which has so far and probably will be completely ignored. Anyone else had requests ignored?

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Have you not tried chasing it up before now?

 

Don't forget to report them to the Information Commissioner. If they don't respond to the template letter the next step is off to court via n1 rather than moneyclaim.

 

Hope this helps

 

Zoot

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I've received copies of the original documents, plus about 500 pages of other stuff most of which I can't make head or tail of!! They've said statements are to follow, but basically everything is arriving way past the deadline. Ultimately I will go down the route of claiming back the charges, but as for everything being late, I just report them to commissioner and that's it?

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Yes if they provide the info requested past the deadline you can report them to Info Commissioner. If they still do not provide the statements then you can take them to court to comply. Instructions here with template letter:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

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Just what does reporting them do? I really can't imagine it's of much benefit.

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The IC can fine them and also if they have lots of complaints regarding the same company it looks bad. The IC can enforce them to comply but this can take quite some time because of the back log of complaints. The quickest method for you is to take them to court to enforce compliance. However, a complaint to IC should also be made just to keep them on their toes in the future with other requests.

 

Hope this helps

 

Zoot

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I've received copies of the original documents, plus about 500 pages of other stuff most of which I can't make head or tail of!! They've said statements are to follow, but basically everything is arriving way past the deadline. Ultimately I will go down the route of claiming back the charges, but as for everything being late, I just report them to commissioner and that's it?

After sending a non compliance letter to them, they've gone and sent me exactly the same stuff through again WITHOUT STATEMENTS! So I phoned the guy up, he came out with this crap that he was waiting for me to confirm my new address...so they'd sent me the signed docs info to my corresponding address but not the statements. What a load of crap! He said they are on the way then so what should I do. They've yet again failed the deadline!! What's the next step?

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I've finally received statements. Interestingly no charges have actually been taken, but there's 700 or so pounds added onto the end of the loan in charges that they would like me to pay. I am already paying a steady fiver a month so will just leave it at this then once the original balance is paid I won't be paying anymore, surely they won't try taken me to court to pay unlawful charges!!

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