CCA Req sent and ignored. Sols now involved

[DojoJoJo]

Hi Niddy,

Thought I had lost you as you dissappeared from the previous site!

Can you give me some advice please.

I had a 'Car Loan' agreement with Capital Bank for the balance of my car in 2007. I do not dispute the agreement, however, I wanted more details about the agreement and to check the prescribed terms.......

23 Apr 2010 Template 1 sent to Capital Bank
10th May Template 2 sent to Capital Bank. I continued to make some payments
but they had not replied and were now in default.

19th Aug Receive defaults notice from Blackhorse (BH). I had no agreement with
them
and the account number was not one I recognised as my account.

23rd Aug In an attempt to identify the loan I sent Template 1 to BH

14th Sep Formal notice received from Nationwide Coll Svcs (NW) on behalf of BH

24th Sep Could only be car loan, as no other outstanding. Sent letter advising
these were hard times, my financial circumstances and offering to pay
small regular payment until finances improved and I could continue
former payment levels. Recorded delivery

29th Sep Letter requesting payment from NW

6th Oct Collection activity fee notification from BH

14th Oct Final Notice offering reduced payment in F & F

8th Nov Collection activity fee notification from BH

17th Nov Letter sent to BH requesting response to my previous offer, copy enclosed for ref. Recorded
delivery.

22nd Nov Letter received from BH 'Notice Of Assingment from Bank of Scotland plc to Blackhorse'

23rd Nov Letter from BH please pay outstanding balance or we will start proceedings.

24th Nov Letter from SCM Sols ack receipt of my letter 17th Nov 2010, but denying any knowledge of
a previous letter (I have proof of delivery!) Told me case already with court and I should
make payment offer through court. This letter received 26th Nov

25th Nov Received court papers 26th, in same post as Sols letter


Sent Ack Of Serv today by recorded for 14 more days disputing.

Can I ask for this case to be rejected by the court on the basis that

Capital Bank a) Were in default of CCA request
b) Continued to apply charges and interest whilst in default
c) Sold debt to another company whilst in default


BH a) Did not respond to my first CCA request
b) Continued to apply charges and interest whilst Capital Bank in
default
c) Deny receipt of my offer for regular payments
d) Changed the account number so I had no knowledge of the
agreement
e) Chased the debt before advising me that it had been transferred
then over three days advised me, reminded me of outstanding
amount and proceeded to court.

Ideally, I feel that my payment offer should have been dealt with when I made it (I can prove delivery) It seems the only people benefitting here are going to be the Lawyers and I am going to end up paying for them.

Can you offer any help?

Thanks everso

[DojoJoJo]

Re: CCA Req sent and ignored. Sols now involved

Forgot to mention, sent CPR Request to BH today recorded delivery, thought it couldn't do any harm!

[Never-In-Doubt]

Re: CCA Req sent and ignored. Sols now involved

Hi Niddy,

Thought I had lost you as you dissappeared from the previous site!

Hello stranger! You had my email address though lol..... hows tricks?

Let me catch up, haven't read this yet

[DojoJoJo]

Re: CCA Req sent and ignored. Sols now involved

Hi Niddy, ya
Quick update.

Received a letter from Sols today. It had the wrong claimant on it BOS not BH as per court papers! It said that their client had received a F & F settlement offer which had advised that I was forwarding a cheque for the sum offered of £xxx. It also said that whilst their clients could not accept the offer they were prepared to accept a sum £2k below the debt on their books

It turnsout my other half, worried about me, had sent a F&F with an enclosed cheque (which the Sols have not acknowledged) to try and settle the matter. He had copied the cheque and the letter onto the computer and sent it recorded delivery. Bless him.

I had a nose around the web today, just generally looking for more info about BH and found some interesting info, heresay of course, but all the same. Apparentley they are the second most complained about finance company to the Ombudsman and 90% of complaints against them are upheld. They are well known for denying knowledge of correspondence sent to them for regular payment offers and going straight to court. I kept a record of this info including an example of them ignoring correspondence sent by recorded delivery and ignored from a former debtor.

I also found an interesting forum entry re third party F & F to BH. They had refused the offer but cashed the cheque. When challenged BH admitted they did not read the letter properly and should not have cashed the cheque. They wiped the debt and cleared the writers credit file in acknowledgement.

All this said:
A) They have cashed the cheque (husbands bus account) which they don't acknowledge receiving! I rooted around on the web and found a law firm advising a company that 'Furthermore, if you bank a cheque from a third party (as in the Bracken case) in "full and final settlement' of a sum (whether or not disputed) owed by your debtor you will have signified acceptance of it as discharge of the debt.' Is this true?

B) They have written direct to me and I did not correspond with them, no reply to my hubby.

C) Their letter quotes a different Bank Claimant to that on the court papers.

D) They had told me they would not consider the original payment offer I had sent to BH before they had applied to court and any offer of payment would have to be made via court, yet they are happy to correspond an offer to me outside of court now! this seems most unfair.

Hope there is something here we can work with.

Thanks for your unwaivering support, you have no idea what a relief it is to know someone is prepared to help fight in your corner.

With appreciation,
Dojo Jo Jo

[Never-In-Doubt]

Re: CCA Req sent and ignored. Sols now involved

Hiya

Ok read it all (phew)! and understand what is happening but you're not clear, did BH cash the cheque or did they simply just see an email with electronic copy of such cheque?

In any case, you can defend this of course you can, but remember you cannot use hearsay/gossip etc in court - you must stick to case law and fact. So if you have factual proof, say from OFT website, that they have been fined or told off for ignoring correspondence you mention it in the defence and link to it as exhibit 1 or whatever.....

Basically you need to list each and every event with detail, to allow the court to read it from your point of view, and to feel for you. The last thing you want to do is sit there and make out you're some sort of trouble maker looking for a free ride....

best of luck, remember to read this page here for examples of a great defence: ---> viewtopic.php?f=59&t=705&start=20

Niddy

[DojoJoJo]

Re: CCA Req sent and ignored. Sols now involved

Hi Niddy,

Thanks for the advice.
BH cashed the cheque. The letter from my better half had stated 'the enclosed cheque' and he had also put the cheque number in the correspondence.

Does this make a difference?

Cheers

Dojo Jo Jo

[Never-In-Doubt]

Re: CCA Req sent and ignored. Sols now involved

Hiya

sorry, so he made an offer and they cashed the cheque but now say they don't accept the offer? Can you confirm that to be the case? The fact they have cashed the cheque, attached to the offer made means acceptance of said offer - legally. You cannot just go and cash a cheque in another persons name and then use that as part payment, lol, that's not how the law works fortunately for you

[DojoJoJo]

Re: CCA Req sent and ignored. Sols now involved

Really!!!!!!!!! Could be the best Christmas ever!

They cannot deny getting the cheque as they both signed for the recorded delivery letter containing it AND cashed it (clearly demonstrated on the bank statement)

I will email you the letter he sent (inc copy of chq attd and their reply) noting they did not even reply to him, the sender, they replied to me Mrs xxxx and then call me Sir ! Note the incorrect Claimant noted on the letter too, the court papers show BH!!!!

Also rather curious that at the bottom of their letter they say they are not authorised to act in Scotland? They are based in Scotland as is their client!

So, should I just use this as my defence without going into the whole longwinded details or do you think I should still send the defence in full?

Cheers Niddy

[Never-In-Doubt]

Re: CCA Req sent and ignored. Sols now involved

Hiya

PM me the letter he sent, their reply and their letter to you "Mr" dojo LOL.....

Don't do anything just yet! Also, I need to clarify the rules on making offers, but from memory I am sure someone else won a case with something similar, I just need to get clarity and the linky!

Point is, it depends on the wording of HIS (your OH) letter thus I need to see it before advising anything!

[DojoJoJo]

Re: CCA Req sent and ignored. Sols now involved

Ok, just PM'ed you!
Thanks

[DojoJoJo]

Re: CCA Req sent and ignored. Sols now involved

Oh and I have also found the stats published by the Ombudsman that show BH at the top of their most complaints list last year and this year. It also confirms that 95% of all complaints to the Ombudsman regarding BH are upheld in favour of the customer!

Thought this may help.

Cheers

[Never-In-Doubt]

Re: CCA Req sent and ignored. Sols now involved

Hi Jo

Just read letter from hubby - unfortunately things change somewhat due to the obvious error. The balance is over £10k - an offer of £100 was never going to be a lawful let alone accepted.

Me thinks you'd be better accepting defeat in this, you'll end up with a costs order larger than the debt if you're not careful....... sorry, I never realised that he offered 1% of the balance!

[DojoJoJo]

Re: CCA Req sent and ignored. Sols now involved

Hi Niddy,

Thanks so much for your advice, I think he was just trying to be helpful. I will submit my original defence and request small monthly payments be accepted until my circumstances change.

I really appreciate you coming back to me in time for me to get my papers to the court.

Have a great Christmas and a fantastic New Year! You really working all over Christmas????
If so make sure you have a festive Stella to hand at all times!!!!

DojoJoJo

[Never-In-Doubt]

Re: CCA Req sent and ignored. Sols now involved

Cheers. Keep us updated

Have a great new year!