Marlin/? claimform - Old Black Horse Secured Loan

[Andyorch]

Well done HIUTH relax now..

 

 

Regards

 

Andy

[cymruambyth]

Brilliant, hopefully things are now going to look up for you.

 

Don't forget to check with the court that SC*M have notified them ......

[Hadituptohere]

Funny you have said that Cym...

 

I today received a court bundle from SCM including a witness statement that states they deny mistreating the defendant

and that they wish for a suspended court order to the agreement that they have already accepted,

 

 

they are saying that they couldnt draw up a consent order hence the requirement of the day in court applying for a suspended court order,

 

 

spoken to my solicitor giving me advise only and she says that its complete and utter tosh that they couldnt draw up a concent order

for me to sign and its purely that the fiqure they are claiming includes there costs..

 

 

..NOW I KNOW WHY THEY CALL THEM ****...

 

Hadituptohere

Edited September 29, 2011 by Hadituptohere

[Hadituptohere]

Guys

just a quicky,

 

 

im trying to continue with my witness statement for tuesdays hearing,

 

 

does the banking code still stand or has it be replaced?

 

Where can i find any legislation that once an account is in dispute collection action must cease

and charges and default markers cannot be processed ?????

 

Hadituptohere

[Hadituptohere]

bump Guys ......

 

In court wed at 14.20

 

Hadituptohere

[citizenB]

HIUTH, I thought this was all over and there was NO court hearing tomorrow ?

 

I will go find the Banking code for you..

 

Not sure what you mean by this...

 

Where can i find any legislation that once an account is in dispute collection action must cease and charges and default markers cannot be processed ?????

I dont think there ever was any legislation that covered stopping collection actions, charges and defaults etc whilst an account is in dispute ? But will look into it for you.

[Hadituptohere]

Thankyou Citizenb,

 

 

I thought this was finished after SCM accepted my part payment offer and a lump of the arrears total in writing

but SCM blackhorse have insisted they couldnt draw up a concent order

and going to court seeking a suspended court order.

 

Thanks for the link

 

 

i too found that this morning and it does state that creditors can report defaults to the CRA's as long as the amount isn't in disute,

which i should be able to use on the day

 

I thought id read somewhere whilst dealing with cabot that collection activity should cease once the account was in dispute ???

 

Hadituptohere

[Hadituptohere]

Ive also managed to stumble across the ICO's FData Protection Guidance and it also states in there that information shouldnt be proccessed if in dispute or inaccurate

 

Hadituptohere

[citizenB]

 

I thought id read somewhere whilst dealing with cabot that collection activity should cease once the account was in dispute ???

 

Ive also managed to stumble across the ICO's FData Protection Guidance and it also states in there that information shouldnt be proccessed if in dispute or inaccurate

 

Hadituptohere

 

Hi HIUTH,

 

Yes, there are lots of "comments" around about how the creditor should conduct themselves in respect of disputed accounts.. but sadly.. no enforceable legislation.

 

The OFT always used to say that the creditor should cease all action but it was only guidelines and we all know how creditors like to stick to the letter of guidelines.. NOT !!

[Hadituptohere]

Costs are one of my issues,

SCM had accepted my offer

but insist on going for a suspended court order,

 

 

thats court time,

my time,

duty representative for the claimant,

my ex's and her soliciotrs time.

 

 

All this didnt need to go ahead

 

 

should i prepare a costs sheet to put to the DJ

 

 

seeing as the claimant has bullied through their actions and acted perversely.

 

 

Hadituptohere

Edited October 4, 2011 by Hadituptohere

[Hadituptohere]

Any ideas where i can find these guidelines

The OFT always used to say that the creditor should cease all action but it was only guidelines

 

Hadituptohere

[citizenB]

You might have to look on the OFT website if the docs below arent complete.. but this is the information you are looking for.

Edited October 3, 2011 by citizenB

[cymruambyth]

Always prepare costs, nothing ventured, nothing gained

[Hadituptohere]

Hi guys thankyou citizenB for the links, is there anything within CCA74 about extending the repayment terms and payment amount??? is this allowed??

 

Sorry just flapping a bit now...

 

Hadituptohere

[cymruambyth]

Hi hadit, sorry I can't help, but good luck for tomorrow.

[Andyorch]

Hi guys thankyou citizenB for the links, is there anything within CCA74 about extending the repayment terms and payment amount??? is this allowed??

 

Sorry just flapping a bit now...

 

Hadituptohere

 

Hi HIUTH I assume you mean the terms of the agreement?

 

 

Only the provision of a new agreement can amend the original terms

and your signature of agreement to said amended agreement.

 

Andy

[Hadituptohere]

Thankyou Andy, Cym and citizenB for all your support and advice

 

Hadituptohere

[citizenB]

Hi guys thankyou citizenB for the links, is there anything within CCA74 about extending the repayment terms and payment amount??? is this allowed??

 

Sorry just flapping a bit now...

 

Hadituptohere

 

I think there is something in Sequenci's Debt Blogs - linked via my signature - Look under Time Orders... HTH and good luck for today.

[rightinthemire]

Originally Posted by Hadituptohere

 

I thought id read somewhere whilst dealing with cabot that collection activity should cease once the account was in dispute ???

 

Ive also managed to stumble across the ICO's FData Protection Guidance and it also states in there that information shouldnt be proccessed if in dispute or inaccurate

 

Hadituptohere

 

Hi Hadit, good luck with these muppets.

I dont know if this is still the case or has been changed, sure someone will let you know about this.

I think you are asking about CCA 77(6) which I think is about the bank not providing you with details of the account, which puts the bank in default, and while the default continues, they are not entitled to enforce the agreement.

Hope this info is correct.

Good Luck

[Hadituptohere]

Hi Guys thankyou for all your support,

 

ive got nothing to lose today as the payment plan has been agreed, my bone is about costs and the harrasing and perverse actions of Black Horse and SCM.

 

Lets see what the DJ decides today hey

 

Thanks again

 

Hadituptohere

[citizenB]

Think I might be too late with this

 

http://www.oft.gov.uk/about-the-oft/legal-powers/legal/cca/debt-collection

[Hadituptohere]

Thankyou citizenB,

 

 

the DJ didnt reference my witness statement whatsoever

 

 

he made it clear that he was there to deal with a repossesion claim

 

 

and wasnt interested in my argument to how it arrived in court.

 

Black Horse didnt get their suspended order

the case was adjourned for 6 months pending me making the payments agreed,

in deffault the case could be brough at an earlier date..

 

annoyed that my argument wasnt heard

and feel we have been poorly treated throught this claim/request for ppi cancelation.

...Pffft

 

Hadituptohere

[citizenB]

What a nuisance, especially as you worked so hard to find all the information. I guess it was a partial success in that they didnt get their suspended order.

[Hadituptohere]

Hi

Yes it was a partial success, adjuorned for 6 months not suspended..

Did make me laugh when the representative said i wasnt a LIP as id had legal advise..?

 

Hadituptohere

[Hadituptohere]

Wondering wether to issue a claim in court for harrasment and unfair relations???? would be nice to claim the arrears amount...had blackhorse of communicated and carried out correctly their complaints procedure it wouldnt have got to court

 

Hadituptohere