Black Horse PPi / Hillesden /

[michtell]

Hi Everyone.

 

I took a loan out with Black Horse for £8k in 2005 ,

 

I defaulted on the loan and apparantly Black Horse sold the debt to Hillesden securities and claimed they had a charge on my home for £11k.

 

I told them that the loan was not secured and also PPi was attached to the loan, some £2.5k value according to the paperwork.

 

I requested copies of my agreement back in june 2010 and into 2011,

and this week i received a copy of the agreement.

 

I should say that i have been very ill for over a year and have left everything but i am on the mend so i have time to put all my affairs in order.

 

Hillesden says they own the debt and intend to continue with the debt and to speak to black horse which i did today,

they told me i can claim the ppi back with them but regarding the secured charge

they sold it to hollesden and i must talk to them stating i am not happy with the way my case has been dealt with.

then hillesden will write to black horse and will then look at it.

 

also how come it has taken over i year to get the origional account number and agreement,

is it they are trying to get the ppi to offset the charge cuz this cant be correct legally.

 

black horse also said they would reinstate the loan without the ppi and start again

 

I need your expert advise her cuz i think the loan is invalid and therefore the charge they have is incorrect by form and amount.

 

i have kept copies of all phone calls.

[ims21]

So this was un unsecured loan to start with and now they have a charge?

 

That would mean that they would have had to take you to court and win and get a charging order in my view.

 

Is that what happened?

[michtell]

hi ims21,

yes this is what happened, we tried to claim on the ppi as i fell ill and was unable to work but nothing ever was paid out. we never defended it either.

[ims21]

Ok thanks.

 

Sorry...a few more questions.

 

Was it BH who took you to court and got the charging order?

 

What were the reasons that were given for not paying out on the PPI?

 

How much was owing when the court case happened?

 

Can you post up the agreement (MINUS ALL PERSONAL INFORMATION) please?

 

dx100uk method for posting up files

 

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

or

convert existing PC files to PDF [office has an installable print to PDF option]

.

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all figures and dates. {DO NOT USE A BIRO OR PEN]

.

goto one of the many free online pdf converter websites

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

[michtell]

yes it was BH that took us to court, actuall they used a solicitor whos name i cant remember at the mo.

 

The ppi wouldnt pay out as i was self employed but BH were aware of this when we took out the loan

 

I am honestly not sure but it was possibly 6k

 

i will post up the agreement no problem but in the morning as i have to scan it, but no problem, how does this help

 

regards and thankyou.

[ims21]

The agreement will help because it will enable us to work out what you might be due back on a PPI refund.

 

Being self employed and the PPI not paying out is a great reason for a reclaim.

 

What about any charges for late payment etc....are they on the account as well? If so they can be claimed back too.

 

What strikes me as odd is that BH sold the account when they had it secured.

 

If you haven't got a full statement of account of the loan then I would SAR BH to get all the data they hold on you.

[michtell]

further to this

 

when we went to the offices as we were accepted for the loan,

we were told we had to have the ppi as a condition of the loan or we could not have it.

We had no choice, except to say that the salesman informed us in the event i couldnt work ect,

we were safe in the knowledge we had cover and the ppi would kick in and take over the loan.

 

Is the agreement legal as the ppi is unlawful,

i am confused I feel we have been stitched up and ended up with a secured charge for an amount we do not possibly owe.

[ims21]

The agreement is legal, a mis-sold PPI policy doesn't render it unlawful or unenforceable.

 

It could be an idea to analyse the progression of the loan to see whether the loan would have fallen into arrears and default had the PPI not been there in the first place as that may give you some ammunition.

 

Having said that, if you were to try and have the CCJ etc set aside then the court may ask why you didn't offer any defence in the forst place so it won't be easy to get this overturned. The only slim chance may be to show that this all happened as a result of the mis-sold PPI.

 

A further plus is that you were told you must have the PPI.

 

What will happen is when your mis-selling claim is paid out, the lender will offset against the amount owing so it will be reduced...in some cases it might even cover what is outstanding.

 

Coule that with a charges reclaim and you will reduce the amount owing even more.

[michtell]

hi,

BH say i can only deal with hillesden securities and complain about BH 's conduct in this case.

 

And they say

 

" We have a charge and until you pay us 11k we wont remove the charge.".

where do i go,

 

Bh say its no use going to the FOS cuz they (BH) will have to conduct an internal investigation.

[michtell]

BH told me today that the claim would be paid to me

[ims21]

Probably because they have sold the debt.

 

So you have already put in a mis-selling claim and it has been upheld then?

[michtell]

I spoke with BH PPi team today

 

he is sending me paperwork relating to a claim,

 

he tells me he has to respond within eoght weeks.

 

My point is i do not want the charge on my home.

the debt wasd sold on to hillesden,

the man at BH told me that.

 

When i asked how much did they sell it for he wouldnt tell me.

[ims21]

Ok there is a process to follow here.

 

Don't try to deal with this on the phone.

 

BH will not tell you how much they sold the debt for so you won't get that bit of information. In any event that doesn't matter.

 

Don't wait for BH to send you stuff that you have requested on the phone. Get a copy of the fos questionnaire from here and complete it

 

http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi.html

 

You have your agreement copy....do you have all of the account statements for the loan or a record of the payments made? If yes you can complete the spreadsheet to work out how much you are due back. Have a read of No.1 in my signature....the spreadsheets are at the end.

 

Send the completed questionnaire and spreadsheet to the lender. They will have 8 weeks to investigate and give you a final decision.

 

If you have all of your statements prepare a spreadsheet of claim for the unlawful charges. Use this spreadsheet.

 

CISheet v101.xls

 

Follow the instructions in the notes tab.

 

If you haven't got a lost of the payments made or the statement of account, SAR BH to get them. There is a template for SAR in the CAG library, the link to which is at the top of every CAG page in green. Cost os £10 and they will have 40 days to comply.

 

From the data that comes back it will be possible to reconstruct the account to see what the position would have been at the time of the court proceedings had the PPI not been added to the account.

 

That may help you with any approach for set-aside but as I said it is likely not to be easy.

 

What you should expect to get back from the PPI are the premiums paid plus any interest the bank charged on them plus 8% statutory interest running from the date of payment to the date of settlement.

 

When was the case taken to court?

[michtell]

I think the matter went to court in 2009/10, but i cant be sure.

 

I do not have copies of payments so i will sar Black Horse.

 

I understand they have 40 days to reply.

 

In the meantime can you advise as to the matter relating to hillesdens charge claim.

[ims21]

What exactly have you had from Hillesden?

[michtell]

a letter from DLC sating they act for Hillesden Securities for the amount of £11500 odd

and to make arrangements to pay it.

 

When i last spoke to them was in june 2011 requesting a copy of the agreement which i genuinely received in the post Monday 15th 2012.

 

I offered them the ppi element to call it a day but was told no way , they want 11500k and thats it.

[dx100uk]

hi ya mitch

 

just spotted this thread.

 

were you aware that the CCJ was being taken out?

 

this smells andneed further info/investigation.

 

just be aware that neither a CCJ or a CO can be sold.

 

dx

[ims21]

Here is the agreement

 

[ATTACH]38818[/ATTACH]

[michtell]

fantastic. have you had a chance to look at it and if so what do you think

[ims21]

So you have a £2k odd PPI premium on there plus the interest.

 

You will need to await the record of payments before you can work out exactly what the refund will be.

 

You could start the ball rolling by completing the fos questionnaire and sending it in so that your claim is lodged.

 

By the time you get any offer you will have received your SAR data and can use that to check the offer made.

 

Your SAR may reveal details of the previous loan(s) which rolled into this one as they should also be taken into consideration when making the offer of redress.

[dx100uk]

mitch

 

did you know about the CCJ?

 

dx

[michtell]

Thankyou very much,

i will organise a request from black hose tomorrow.

 

i have already started the ball with the fos

 

so i intend to complete it and send it out.

 

My thought is with the hillesden crew who are not likely to remove this charge,

 

any ideas how to approach this.

 

many many thanks

[michtell]

Hi all

I sent off the SAR from Black Horse last week. I was shocked to see all the paperwork a week later. It shows PPi on 3 loans.

 

The first loan taken out in 24/11/03 had PPi for £1255.00 total including interest.

 

The second loan taken out 26/10/04 had PPi for £2382.60 total including interest

 

The third loan taken out 1/08/05 had PPi for £2569.20 total including interest.

 

How do i put together a claim together with interest ect.

 

The last loan went into default and Black Horse sold on the debt to Hillesden Securities who registered a charge on my property which i assume will have to be removed as the contract would be invalid. Having spoken to Black Horse on the phone they told me they would reinstate the loan but i cant see that. Can you throw some light on this please.

[dx100uk]

mitch

 

stay off the phone!

 

writting only!

 

you need a papertrail

 

were all these loans taken out to refinance the previous one?

 

dx

[michtell]

Hi dx,

 

Only the second loan was consolodated into the third loan,