Blackhorse Loan: Missy06 - v - Blackhorse **WON**

[Missy06]

Update:

 

• Sent Prelim for 349.91; they paid me 111.00 as a gesture of goodwill.

• Banked the cheque, waited for it to clear and wrote to them accepting the 111.00 as part-payment. Sent LBA for the balance of 238.91.

• 15/10/07 - I got no reply within 14 days so filed claim in court.

• 30/10/07 - They wrote me and said they'd be sending me another cheque for 153.38 as settlement..... however refused to pay me the contractual interest of 85.53 I was claiming for.

• 1/11/07 - received a letter from Blackhorse solicitors saying that they will be defending the claim. They have till the 17/11/07 to submit their defence.

• 14/11/07 - received the 153.38 cheque, banked it, waited for it clear.

• 27/11/07 - wrote them that this again is accepted as part-payment and I'm awaiting the balance for the CI.

• 3/12/07 - They declined paying the CI saying I should return the cheque for 153.38 and send them the details of my solicitors!

• 14/12/07 - Wasn't sure where I stood since they've paid most of the claim and I still has the claim in court. Called court to say that they haven't paid balance. What next? Was told I could get judgement against them for the CI as they hadn't filed a defence and hadn't paid up the monies in full. I'll be doing this on Monday!

[Castlebest]

You have a claim for £349.91 they have to pay you the full amount or defend your claim in court. if they have failed to provide the court with any documentation then ask the court to strike out the defense as an abuse of process and award judgment to you by default.

 

pete

[Missy06]

You have a claim for £349.91 they have to pay you the full amount or defend your claim in court. if they have failed to provide the court with any documentation then ask the court to strike out the defense as an abuse of process and award judgment to you by default.

 

pete

 

Thanks Castlebest. I'll let you know how I get on.

[Missy06]

Update:

 

3/12/07

BH have paid all monies but sent me a letter refusing to pay the contractual interest of 85.53.

 

17/12/07

Went to court and got a judgment against BH. They have till the 17/1/08 to feedback.

[Missy06]

ps: in the mean time I'll be putting together my Wasted Cost Order!

[steven4064]

WTG missy

[Missy06]

Update:

 

3/12/07

BH have paid all monies but sent me a letter refusing to pay the contractual interest of 85.53.

 

17/12/07

Went to court and got a judgment against BH. They have till the 17/1/08 to feedback.

 

Woke up this morning to a lovely surprise.......a cheque from Sechiari, Clark and Mitchell (Black Horse solicitors) for the CI of 85.53!:grin:......I WON!

 

......posting my Wasted Costs Order today!

[steven4064]

Well done Missy - CONGRATULATIONS

[Castlebest]

Excellent News Missy !!!!

well done !!!

 

 

pete

[Poppy07]

I wrote to Black Horse a while ago about the charges they put onto my loan account, they wrote back saying that I cannot claim blah de blah as it was a loan and not a current account, the letter was very formal and from their solicitors, and to be honest it scared me off and I have left it. After reading your thread I am definitely going to start the process again, and do the same for my partner, whose loan with them has literally doubled due to charges!!! Hopefully the OFT case will hurry up and go our way!!

Just thought I'd say thanks for your helpful thread!!

[steven4064]

Hi poppy

 

Black Hourse have got it completely backwards - the whole argument about charges and the law on penalties DO apply to loan accounts, the OFT case DOESN'T. Go ahead and reclaim the charges.

 

I have just successfully done the same for a loan account with Barclays.

[Missy06]

I wrote to Black Horse a while ago about the charges they put onto my loan account, they wrote back saying that I cannot claim blah de blah as it was a loan and not a current account, the letter was very formal and from their solicitors, and to be honest it scared me off and I have left it. After reading your thread I am definitely going to start the process again, and do the same for my partner, whose loan with them has literally doubled due to charges!!! Hopefully the OFT case will hurry up and go our way!!

Just thought I'd say thanks for your helpful thread!!

 

Hi Poppy,

 

sorry I haven't been on the thread for a while now....been a bit busy! How are you getting on with your claim?

[Missy06]

Just for the record, I ended up not putting a Wasted Costs Order through for this claim.

[steven4064]

Did you get them? (wasted costs, that is)