Black Horse problem

[Angel104]

I have an arrangement with black horse to pay my loan at £20 per month with a payment book. I have been doing this regulary and have not missed a payment. This morning out of the blue I got a letter from a firm of debt collectors saying that the debt has been passed to them and that future payments have to be paid to them. I contacted them and asked why and they said they are acting on the instructions of black horse. When I said that I intend to carry on paying black horse with the payment book they threatend me with court action what do I do?

[pmhcfc]

I have an arrangement with black horse to pay my loan at £20 per month with a payment book. I have been doing this regulary and have not missed a payment. This morning out of the blue I got a letter from a firm of debt collectors saying that the debt has been passed to them and that future payments have to be paid to them. I contacted them and asked why and they said they are acting on the instructions of black horse. When I said that I intend to carry on paying black horse with the payment book they threatend me with court action what do I do?

 

Simple; Send the said DCA a CCA letter. (Who are the DCA by the way?)

[Angel104]

The DCA is Vilcollections,

[Angel104]

We have a loan with black horse then due to financial problems we got in arrears. We then came to arrangement with their solicitors to pay it through a payment directly to black horse with a payment book which we have been doing regularly. Then my husband lost his job and we fell into arrears by £40. We telephoned black horse's solicitors and told them we would bring the account up to date this month which is what we did last week. On wednesday we received a letter from a DCA saying that future payments have to be made to them, we explained that we pay black horse direct £20 a month to which they replied.

"We dont care what you had going with black horse your payments have to be made to us now

and you will pay us by postal order each month or face court action. What should we do? And where do we stand legally on this?

[babybear39]

Hi Angel104 ,

 

CCA The DCA (which one is it?) ASAP...

 

Here's the letter you need just fill in your details...

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

YOUR ADDRESS

DATE

 

 

THEIR ADDRESS

 

Dear Sir/Madam

 

Re:− Account/Reference Number XXXXXXX

 

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

 

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. This payment is NOT to be used for any other purpose.

 

We understand a copy of our credit agreement should be supplied within 12 working days.

 

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

We look forward to hearing from you.

 

Yours faithfully

Mr A N Other

 

Don't forget to keep a copy for your records and send it recorded. Enlose the £1 postal order payment for this service. Also copy it to Black Horse so they can't argue at a later date that a CCA hasn't been requested

 

A 'reputable' DCA wil give you a number of payment options, so in your CCA request include a letter requesting a standing order mandate, as this gives you control of the payment, and isn't as exspensive as sending a postal order recorded each month.

 

Good luck and best wishes,

 

BB

[Bookworm]

2 threads merged.

[Angel104]

I was sent an account statement instead of a cca from a dca regarding blackhorse. On one of the pages it says collect activity fee £200. does anyone know what a collect activity fee is and can I claim it back. If I can claim it back who do I apply to.

[Curlyben]

Collection fee is completely against OFT guidelines and as such UNLAWFUL.

Charging for debt collection

2.9 Charges should not be levied unfairly.

2.10 Examples of unfair practices are as follows:

a. claiming collection costs from a debtor in the absence of express

contractual or other legal provision

b. misleading debtors into believing they are legally liable to pay

collection charges when this is not the case, for example, when there

is no contractual provision

c. not giving an indication in credit agreements of the amount of any

charges payable on default

d. applying unreasonable charges, for example, charges not based on actual

and necessary costs

e. applying charges which are disproportionate to the main debt.

[pmhcfc]

I was sent an account statement instead of a cca from a dca regarding blackhorse. On one of the pages it says collect activity fee £200. does anyone know what a collect activity fee is and can I claim it back. If I can claim it back who do I apply to.

 

And the point is that you're CCA request has not been honoured...No Original Agreement, no enforceable debt...Nuff said.

[rory32]

As previously stated this is an unlawful charge. You wouldn't actually be claiming it back unless you have paid it, you would simply be asking the DCA to remove it. The DCA isn't AIC by any chance is it?

[Angel104]

The DCA is some firm called vilcollections.

[Angel104]

Another thing I dont understand is why I am being chased by a firm of debt collectors when I have been paying black horse £20 a month as agreed.

[cerberusalert]

Probably because the debt has been sold on because the origional owner hasn't a 'snowballs chance in hell' of providing you with the documentation that you requested

[rory32]

Often accounts are passed to debt collectors when you are making reduced payments on the account. The debt has not been sold, the DCA are meerly administrating the account on behalf of their client.

[Angel104]

Black horse are still taking my payments.

[rory32]

Then they are probably just using the DCA to:

 

1. Ensure you keep to your payments; and

2. At some point pressurise you to make increased payments.

 

Having said that, if they can't produce a copy of the credit agreement then the DCA can't lawfully do either of the above.

[Angel104]

I have 2 loans with black horse I know this may sound sill but I forgot I had 2. In the summer vilco collections contacted me saying that were collecting the black horse debt and when I said I had been paying it regularly by payment book they told me to stop as I had to pay them I sent them a CCA request to which they never complied with. Last week I had a letter for the solicitors acting for black horse saying I was £80 in arrears and demanded I pay it immediately. I contacted them and it was then it came to light that vilco were collecting for the other loan.

Now I am somewhat puzzled as to why black horse have let me get into £80 arrears, they have not once contacted me to ask as to why they have had no payments and now they are threatening legal action over it. Where do I stand legally because this is their fault had they contacted me earlier then this would not have happened.

[spamheed]

The law would say, it's your responsibility to pay, for whatever reason, you didn't pay, your fault. Don't dwell on this too much, these things happen when DCAs become involved, it's quite usual for matters to become convoluted and confusing. You need to keep the two loans separate and all documentation/communications stored separately to keep it clear in your head who you owe what to and at what stage you are at.

 

I think you need to clarify a little.

 

You have 2 loans.

 

The one still with Black Horse is now in default?

did you make the payment for this loan against the other loan?

 

The loan with Vilco

Have you had any instructions from Black Horse instructing you to pay Vilco?

Is the loan up to date?

Have you as yet received any response to your CCA request?

What was the date the CCA request was sent and/or signed for?

[Angel104]

Earlier on this year I was ordered by the court to pay black horse £10 per mo th which is what I have been doing. They have now sold the debt to a firm called DLC debt collectors so when they wrote demanding payment I wrote back and explained the situation and said as the court ordered me to pay £10 that is what I would pay to them.

They have now said that as they now own the debt the court order is invalid and threatend me with legal action. Is what they say true- is the court order invalid?

[PGH7447]

:D:D - NO, I would ask them to take me to court again, as long as you stick to the arrangement made by the court then they are just being their ususal stupid greedy selves

[ODC]

Just who do these greedy barstewards think they are. They CANNOT alter a CCJ without going back to Court.

[42man]

What is the debt for ?

[palomino]

How did you find out that Black Horse had sold the debt to DLC? If Black Horse haven't told you (by sending a Notice of Assignment) then you are perfectly entitled to continue making payments to Black Horse. And keep doing so - if you don't I'm sure they will have you up for breaching the court order!

 

As for DLC saying the court order is invalid - this is arrant nonsense. Mind you, Black Horse probably 'forgot' to tell DLC about the court order.

[ODC]

 

As for DLC saying the court order is invalid - this is arrant nonsense. Mind you, Black Horse probably 'forgot' to tell DLC about the court order.

and in typical greedy fashion of DCAs thought they could make a quick buck of someone who was making regular payments;)

[Angel104]

Black horse never told me in writing they had sold they debt. When I got the letter form DLC I telephoned black horse and they confirmed that they had sold it.