Me -vs- Blackhorse......HELP!

[drob]

I had a personal loan from Blackhorse, got into financial problems and couldn't repay so in the end they issued me with a CCJ. I paid back the debt monthy and then decided to S.A.R them.

 

When i recieve the information from blackhorse i noticed that they had added £188 in collection activity fees and £42 late payment fees on the 10th September 2006 i asked for the money back. I received no reply from Blackhorse so i then sent them a letter before action and again i received no reply.

 

At this point i only owed £72 and stupidly as i heard nothing from Blackhorse i did not pay the £72 and received an Warrant of Execution from the Count Court so as i did not want the bailiff popping rounf for tea and hob nobs i duly paid.

 

Now the question is i think it is only right and fair to claim £239 back from Blackhorse so as i originally started to ask for the charges on my account 11 months ago and did not follow it through, should i start the whole process again or just issue them with a letter before action and then issue a count court claim......

 

Your advice and comments will be most welcome........

[chancer1]

I have seen this somewhere else on the forums - the advice was to continue as if you had given them the 14 days notice (all be it, slightly longer).

 

But, my suggestion would be to LBA them again, at least it gives them a chance to reply or not.

 

Remember to use recorded delivery!!!

 

Good Luck!

[steven4064]

Do you know what the £188 was for? I'm not sure if it is a charge you can reclaim.

[drob]

The £188 is for "collection activity fees" whatever they are?????

[steven4064]

If it's for fees related to getting the CCJ, I'm pretty sure you can't claim them back as they are not directly releated to a breach of contract. THe late payment fees are claimable though.

[drob]

No the £188 collection activity fees where added on the 4th December and i have the following cost added to my account relating to the CCJ on 22nd October>

 

Issue Summons Fee £80

Summons Solicitor Costs £70

 

So according to my statement of account the £188 collection activity fees where added after the CCJ Summons and Solicitor fees?

[jubaxt]

hi-just got my final bhf statement-called them to ask about apr-collection activity fees are actually late payment fees-i asked to make sure!!

[drob]

Many thanks jubaxt for your reply...... so the collection activity fees are late payment fees!! That's great news, time to claim them back!

[jubaxt]

not quite sure whether we send prelim to andover or cardiff-do you know drob??

[drob]

As i said earlier in this thread i have already been through the process of trying to claim back charged from Blackhore several months ago but never followed it through. I sent them a prelim & letter before action to the Cardiff address but never received a reply or acknowledgement from Blackhorse....

 

I have started the whole process again and sent the prelim again 2 days ago and i sent it to the Cardiff address.

[jubaxt]

just seen on penalty harges forum-someone did theirs through the barnet address after continuous non replies from cardiff-just phoning cardiff to check!

[drob]

Let me know how you get on...... I know Blackhorse in house solicitors use the cardiff address

[jubaxt]

hi drob-just given bhf a call-theyve asked me to send a letter plus schedule of charges to

 

written complaints unit

black horse finance

holbrook house

116 cockfosters road

barnet

en4 0dy

hope this helps-ju.x

[drob]

Thanks ju

[jubaxt]

barnets phone no is 02084472066-might be worth your while giving em a call with your agreement no to see if anything is logged as received in your file-i'm sending all my stuff special delivery!!

[jubaxt]

let me know how you get on-just going to post office to send mine on its way!!

[jubaxt]

any joy drob??

[jubaxt]

bump

[drob]

No i have had no reply yet....... will be sending out a letter before action next week

[drob]

Received a reply from Blackhorse this morning!!

 

"We regret to advise that we are unable to refund the fees that have been added to your account. These fees were addedcorrectly to your account because you failed to adhere the the terma and conditions of the agreement you signed"

 

These fees have been ratified by the court and, in the circumstances, are not refundable".

[steven4064]

Brilliant - they actually admit that the charges are contract penalties! Which court ratified them? None that I know of - carry on to the next stage once the 14 days are up. (and keep the letter as evidence)

[drob]

Oh Yes im going to go all the way with this one. for some reason Blackhorse sent me all my statements again today, The fees could not have been ratified bt the court as it quite clearly shows on the statement that the collection activity fees and late payment fees where added after the CCJ.

[jubaxt]

ooh drob-well done-keep going.

i called them today and they say they havent received my prelim-it was signed for on 10th august.

i've to call back in the morn so they can see what the post room has done with it.lol

i might settle for a lower figure on this one as am worried that oft case might spill over onto hp/loans-thay said they may be able to come to some arrangement but i'm not holding my breath

[drob]

Hi Ju

 

Keep me posted on how it goes?

 

 

Dave

[Dispirited]

Subscribing.

 

Hi again drob, just read your thread and will stay with it. My son also has several 'collection activity fees' on his statement.