DLC/Hillesden. Black Horse Loan

[Guest mediaseller]

Hi to all.

I have posted in this thread because I need to cover a few points together and it concerns a 60 month cash loan which me and my wife took out in 2004 and is covered by the 1974 CCA.

 

The loan was with Black Horse and was taken to pay off a previous loan with them and left us with some cash left over. PPI was sold to us at the point of signing the agreement and was added to the loan upfront. The loan was for £10 and the PPI £3K, totalling £13k.

 

Interest was at 9.9APR calculated on a daily basis of the remaining balance and was added to the account at the end of each month.

 

At the time of inception I had a limited company and was the director so it could be said that I was self employed however strictly speaking I would have been employed by the company.

 

I later joined another company (not mine) in 2005 and in 2006 was made redundant. I successfully claimed on the PPI for 3 of the repayments while I was unemployed.

 

I intend to claim for mis-sold PPI on the grounds that if I was classed as self employed then it was not pointed out to me that the PPI policy was not suitable for me. Nor were any other exclusions explained. I do not believe the sales person was qualified to provide us with the correct advice for the PPI.

 

The other claim I intend to make is for late collection fee charges at £25 and £30 at a time plus interest. (Eleven of these).

 

I have not put in a SAR yet and this is my next move.

 

Even though I successfully claimed on my PPI policy does this mean I can’t claim for mis-sold PPI. I have read elsewhere that I can still possibly reclaim this element of the loan.

 

By the way I forgot to add that while I was in a low paid job between 2006 – 2007 I ran up some arrears because I was paying reduced payments with their approval which are still outstanding. Even though the agreement expired last year they still continue to apply interest to the account. Can they still do this.

 

 

Thanks in anticipation.

Edited January 12, 2010 by mediaseller

[srfrench]

Whilst I'm definitely not an authority on the matter of PPI... I would point out that if you have successfully claimed on PPI then no.

 

However, I'm sure there may be other issues which MAY entitle you to a partial if not full refund.

 

I will however now step aside whilst a more knowledgeable peep correct me or modify my answer in more detail.

[Guest mediaseller]

Hi.

I have been reading the postings on the forum regarding DLC/Hillesden’s who appear to have a shady reputation to say the least.

 

In 2005 my wife and I entered into a joint agreement with Black Horse which expired in August 2009, however during the agreement I was made redundant and started a payment plan with a debt management organization with the full agreement of Black Horse.and paid them a reduced payment for about 12 months. After that I returned to the full monthly amount. This meant that when the loane agreement expired there was still arrears outstanding (because of the shortfall created by the reduced payments). Interest was added to this balance and penalty charges.

 

In September 2010 I decided to re-claim penalty charges and miss-sold PPI and so requested all the information that Black Horse held about me including the original agreement. I put in a complaint to the FOS about the charges & miss-sold PPI however I got no correspondence form the FOS and a few months later I was contacted by Black Horse and I agreed to token payment of £20 per month which I paid until August 2010. Since then I have had no contact from Black Horse until a statement arrived in November 2010 with nothing else enclosed.

 

I now believe that the complaint to the FOS was never actually received by them and I have no proof of postage. Even so all of the call handlers who I spoke to at Black Horse know the account was in dispute because I told them so.

 

A few weeks ago 12/1/2011 I received a notice that Black Horse had sold my debt on to DLC and they wanted me to contact them to make arrangements to pay. See SCN_0005 below.

 

 

I immediately called them to ask why the debt had been sold to them while the account was still in dispute with Black Horse. The young lady did not have an answer but apologized and informed me that she would make inquiries and get back to me.

 

I received no reply until today 28/1/2011 when my wife received a further letter from DLC in the tone of “we will put a charge on your property” if she doesn’t get in touch with them. See SCN_0004 below.

 

 

Now they want proof from me that the account was in dispute and gave some excuse that they had received a letter from Black Horse to say that the account was in arrears which is why it was sold on.

 

The original agreement was taken out in joint names and each letter mentioned above is addressed to either my wife or me but never both of us together.It was an unsecured loan and the agreement ran out in Sept 2009.

 

What is my next course of action please we are desperate and can they put a charge on our house?

[john]

I don't think they can put a charge on your house without taking you to court and obtaining a ccj first, but I'm sure one of the more experienced members will be along shortly to advise you. Vicky.

[Guest mediaseller]

Thanks Vicky

[Guest mediaseller]

Hi All.

 

I sent a CPR to DLC/Hillesden and got a reply that they could not show me full details of the deed of transfer since it is commercially sensitive and my account was part of a batch which were purchased in bulk so other peoples data would be visible. Additionally they enclosed a copy of a debt sale agreement dated February 2007 which does not show any of my details. This is impossible since the account was not in dispute at this time and we were dealing with Black Horse at this time.

 

They have sent no proof of ownership of the alleged debt.

 

I sent the CPR on 2 February 2011 and they have not fully complied with my request to send all evidence which they would rely on in fact there is nothing that truly relates to my account other than a telephone record of conversations between me and them. Are they now out of time and since they have not complied with my request are they up the creek without a paddle as far as enforcing the alleged debt.

 

Please respond ASAP since I have to crack on with this.

[john]

have alerted site team someone will be along shortly.

 

vicky

[MARTIN3030]

We seem to have had a number of these issues reported lately following BHF/DLC.

What is showing on your credit file-did you see it recently ?

I will try to find the other link and post here.

BHF could well be in breach of the lending code here.

[the_shadow]

Hi All.

 

I sent a CPR to DLC/Hillesden and got a reply that they could not show me full details of the deed of transfer since it is commercially sensitive and my account was part of a batch which were purchased in bulk so other peoples data would be visible. Additionally they enclosed a copy of a debt sale agreement dated February 2007 which does not show any of my details. This is impossible since the account was not in dispute at this time and we were dealing with Black Horse at this time.

 

They have sent no proof of ownership of the alleged debt.

 

I sent the CPR on 2 February 2011 and they have not fully complied with my request to send all evidence which they would rely on in fact there is nothing that truly relates to my account other than a telephone record of conversations between me and them. Are they now out of time and since they have not complied with my request are they up the creek without a paddle as far as enforcing the alleged debt.

 

Please respond ASAP since I have to crack on with this.

 

I assume you sent a CPR31.14 request.???????... they are under no compunction to comply with this request as court activity has not taken place... or at least you have not indicated such action has started.

 

They CANNOT gain a charge against your property without a CCJ, have you checked no CCJ exists, it would be listed on your credit file OR you could check with the trust register although this costs you for finding out.

 

S.

[silverfox1961]

Hi

John is correct. they cannot put a charge on your property unless it goes to court first. It sounds like the letter you got was a threat of a charging order which doesn't mean it is a foregone conclusion.

 

As your thread has not gone 'legal' as yet-only threats, I think this thread would be best placed in the debt forums. i will move it now

[Guest mediaseller]

Thanks Martin3030

 

I Haven't had time yet to look at my credit file but I'll check it tonight.

 

Cheers

[Guest mediaseller]

Hi The_shadow.

 

No court action has yet started to my knowledge.

 

The first 3 letters came from DLC and when I started resisting and did the CPR for disclosure of evidence they would rely on I started getting letters from Hillesden followed a week later with a letter from Alpins (their solicitors) asking me to contact DLC to make payment arrangements or risk court action.

 

The point is that DLD/HS have not yet proved to me that they own the debt (which was in dispute when allegedly purchased). I got a reply from HS to my CPR request with a debt sale agreement with none of my accountt details and it was dated February 2007 and the account was not in dispute at this time because we were paying as normal to Black Horse. HS accompanying letter stated that they do not at this time have a copy of my Black Horse agreement and they were in contact with BH to get a copy. Their excuse was that they buy batches of debts and mine was amongst those purchased from BH. They also stated that they would not reveal the contents of the deed of transfer as this was commercially sensitive and would only show it to the judge when the time arrived.

 

I still can't believe that BH could have sold the debt while it was in dispute.

 

Cheers

[Guest mediaseller]

OK I have checked my credit file tonight and it shows the owner as still being Black Horse with no other interest such as HS and the record was updated at the beginning at this month by Black Horse so what does this mean? Bearing in mind that DLC claimed to own it in early January.

 

Cheers

Edited February 22, 2011 by mediaseller

[Bazooka Boo]

Could be one of two things, Either BHF still own the debt, OR they have flogged it on and DLC have failed to update the CRF, which is an offence in itself, as your CRF should reflect true accurate data.

[the_shadow]

Sounds like Blackhorse still own the debt and are using an outside DCA to chase the debt, get ready for threats of world war 3 / the apocalypse / global warming and everything else they'll try and convince you will happen...

 

Might be worth just sending a simple s78 request.

 

S.

[Guest mediaseller]

Humnnnn....

 

What's a S78 request?

[Guest mediaseller]

I had an interesting development this afternoon. I called BH to ask the status of the account and they said it was being dealt with by another department.

 

When they put me through to that department DLC answered the phone.

 

Naturally I recorded it.

[Guest mediaseller]

I have posted previously regarding this shower however I have a new question regarding PPI. See link below.

 

I had an ongoing dispute with Black Horse as can be seen regarding the mis-selling of PPI and charges on the account when they sold the account to DLC/Hillesden (allegedly and still to be proven).

 

I still intend to reclaim the PPI in light of the current rulings in High Court regarding payback of mis-sold products. The trouble is who do I claim against, Black Horse or DLC/Hillesden?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?292136-Urgent-help-please-with-DLC-Hillesden.

 

Cheers.

[ims21]

Hi

 

Very short and simple answer.....Black Horse as it was they who you paid the premiums to

 

ims

[Guest mediaseller]

Hi all.

 

It's a while since last posting on this matter but I feel that I now need to take action against Hillesden, Black Horse or both parties.

 

Despite numerous objections and threats by me to them they have still failed to pass the debt they allegedly own back to Black Horse or prove that they have the right to pursue the debt.

 

Key points to summarise are:

 

• Black Horse never informed me that they sold the debt.
  
• The alleged contract of sale of the debt is fictitious in that the date of sale is a 9 months prior to when they claim they bought it because I had no complaint against Black Horse at this time and was dealing quite happily with them. (Ergo the debt had not been sold to anyone).
  
  
• The credit reference file still shows Black Horse to be the owner.
  

Hillesden are ignoring the fact that the evidence they present is fictitious and are still asking me for settlement terms and or repayment plan.

 

So who do I complain to now is it OFT, FOS, Information Commissioner, FSA or more than one body?

 

Alternatively do I use a solicitor?

 

Thanks in anticipation.

[Bazooka Boo]

The OFT & TS can be contacted via http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_195948

 

FOS http://www.financial-ombudsman.org.uk/consumer/complaints.htm

 

Have you exhausted BH complaints procedure?

[Guest mediaseller]

Well to be honest I have not pushed BH about wether they actually did sell it but since Hillesden are the ones putting the pressure on I thought it best to go for them first.

[BRIGADIER2JCS]

Have you considered a DSAR to Black Horse yet?

[Guest mediaseller]

Sorry what's a DSAR? I did do a SAR at the outset. Cheers

[citizenB]

Sorry what's a DSAR? I did do a SAR at the outset. Cheers

 

 

Yep..

 

SAR = Subject Access Request

DSAR = Data Subject Access Request..

 

Both the same thing