Ten years of Black Horse, help me to end it please ?

[Susiebling365]

Re: Ten years of Black Horse, help me to end it please ?

It never ceases to churn my insides. I v had this letter this morning, it seems like my debt is back in Aplins hands. What shall I do now please? No way can I pay the balance (allegedly) now ,and the threat of court costs and interest does worry me. Though interest on interest is weird, though they say its not all interest ....No idea where Northampton is either... oh dear

[ScabHunter]

Re: Ten years of Black Horse, help me to end it please ?

I'll leave this one in P1's extremely capable hands, as you need to be following a consistent strategy.

There is just one thing I'd like to point out, though, and that is that you received exactly the same letter on 19th September. It is now considerably longer than 14 days after that date, so why the hell did they not go to court?

http://forums.all-about-debt.co.uk/s...l=1#post433716

I would have thought that continually issuing the same LBA without ever acting on it would amount to unlawful harassment.

SH

[PriorityOne]

Re: Ten years of Black Horse, help me to end it please ?

I will look at this for you properly tomorrow Susie..... xx

[PriorityOne]

Re: Ten years of Black Horse, help me to end it please ?

I have drafted this up for you Susie. It does seem to be letter tennis and repetition at every turn now but it's important to let them know you haven't given up the fight, so you need to respond.

Send by recorded delivery and enclose a copy of the letter I refer to at the same time, which was sent to DLC in response to their (final) response back in September. Well spotted about the replica LBA there ScabHunter.....


Dear Sir/Madam,

Your Ref: xxxxxxx
SECOND FORMAL COMPLAINT

I am in receipt of your letter dated xx/xx/xx/; the content of which has been noted as being precisely the same word for word threat as your company made on 19th September 2014.

I recall issuing a complaint in response to that threat which, to date, has not been addressed by your company but merely forwarded on to your “client” instead, who subsequently issued a swift and apparently, “final” response to it by way of a load of dubious “findings” to justify themselves. I am therefore issuing your company with a second formal complaint and fully expect your company; Aplins, to deal with it themselves this time in accordance with your complaints procedure, which I will look forward to receiving in due course.

I have attached a copy of the letter sent to your client in response to their attempt to deal with the previous complaint made to your company; Aplins, on your behalf and suggest that you acquaint yourself with its content before trying to address this one. I will also be expecting your company to clarify exactly who is working for who in your response, since I am unfamiliar with clients responding to complaints made to agents who claim to act on behalf of those clients in the first place.

Just in case either you or any more clients or agents miss the point again, I will re-iterate that your client has already confirmed that it was “clear that the account was in dispute prior to acquisition” that they knew about the dispute(s) raised with Black Horse (BH) from when they first started pestering me for money but failed to return the account to BH for them to address the dispute properly under the Consumer Protection from Unfair Trading Regulations (CPUTR) 2008.

I would like to point out to your company; Aplins, that CPUTR 2008 prohibits unfair or aggressive commercial practices (among other things) that are intended to mislead consumers and effect their choices, either by misdirection, misinformation, omission or undue pressure. Furthermore, the Consumer Protection (Amendment) Regulations 2014, which amend the existing CPUTR 2008 has given consumers a new right of redress against businesses who conduct aggressive or misleading practices that have a significant factor in a consumer’s decision (in this case) to make payments. This includes solicitors like yourselves who have now issued me with a letter before action twice on the back of anomalous records held by your client to support those threats; tantamount to an unfair commercial practice from both sides. I will expect a full explanation of these actions in your response.

As a firm of solicitors who are presumably fully acquainted with aspects of consumer law, I am quite frankly surprised by your apparent efforts to be economical with it. I will therefore now be reporting your actions to the Solicitors’ Regulatory Authority and the Financial Conduct Authority without any further notice where I am sure they will consider your position for you.

Yours faithfully,

[Susiebling365]

Re: Ten years of Black Horse, help me to end it please ?

Well once again... thanks a million, thats beautifully put.... I will be sending that promptly for christmas. I wonder what their response will be to that that threat...

[PriorityOne]

Re: Ten years of Black Horse, help me to end it please ?

Well once again... thanks a million, thats beautifully put.... I will be sending that promptly for christmas. I wonder what their response will be to that that threat...

It's been going on for ages Susie.... I wish they would just bloody give it up for your sake.

[PriorityOne]

Re: Ten years of Black Horse, help me to end it please ?

I will look into complaining to the SRA over the weekend.... best to cover your bases Hun xx

[Susiebling365]

Re: Ten years of Black Horse, help me to end it please ?

It has been going on .. bloody ages .. must of cost them that balance time over. But I ve reached no return ... I cannot think of paying them anymore now.. no more blood in the stone. You ve been a real support can t thank you enough .... I wish they could see the paperwork involved in this debacle... its a joke. and I cannot understand these people. but .... I ve just printed off the nth letter, so here goes again.... xx

[PriorityOne]

Re: Ten years of Black Horse, help me to end it please ?

Hi Susie..... take a look here:

http://www.sra.org.uk/consumers/prob...solicitor.page

[Susiebling365]

Re: Ten years of Black Horse, help me to end it please ?

Just followed the link.... would it be appropriate being as they are not my solicitors? They certainly seem to be transgressing... They have not provided me with their complaints procedure ( if it is that I can complain), and, the letter is not signed by anyone.

It does wind me up at times , as over the past ten years I have complained to ombudsmen and solicitors and citizens advice. but no one can help or want to know as its an old agreement and they refuse to see the anomalies ( if thats the right word ).I m being hounded for money I have n t got and don t believe I owe, they had 35k back after 2 -3 years!!!!

Would Hillesden have the paperwork ... the original paperwork .. the agreements, letters, my ex s cut off signature on one of the docs etc ?
And ... if they say that BH settled all my questions , would there have to be some acknowledgement from me, or something?

And...complaining... BH and others were the perpetrators... back to square one lol ....wish they would just bog off....

I v read through the link, and I think depending on the outcome of this next letter, I just have to carry out the threat, but they have to provide me with their procedure and a name first , and I expect you have to complain to them first of all, meanwhile .... they are after me for money... so a bit confusing ?

What do you know/think of the CSA? My partner found their web site as we were looking at the link you sent...

[PriorityOne]

Re: Ten years of Black Horse, help me to end it please ?

To be honest, I think most regulatory bodies are cr*p..... but it seems to put the wind up companies when you threaten to issue complaints. I made a complaint to the SRA myself some years back under similar circumstances and will dig it out this evening. The company chasing me backed off after that..... not sure if that was the reason or not but it certainly does no harm to raise awareness of their activities.

**Edit** - Just had a look and don't seem to have a copy on file, which is not like me. Probably meant I did it online at the time... I can remember telling them I was being harassed with court action over an alleged debt; no paperwork (in my case), etc.... but I never got a reply. The solicitor concerned did back off though, as said..... so it may have been coincidence.

[Susiebling365]

Re: Ten years of Black Horse, help me to end it please ?

I agree, my experience of them , they are jobs for the boys, crappy quangos. These people seem to have little experience or knowledge, or they are just chasing their egoes.

The guy from the leasing one did ring me, and told me to continue with solicitors or the financial ombudsman, think it was. He was no support but he certainly did not uphold in BH favour as they try to make out, just of no use. Maybe if I make enough noise they will back off, I ve done 2 years now. I ll be guided by your opinion and certainly if the return letter is of the same , I ll go for it and complain.

But sometimes these people just ignore counter threats ... anyway I would imagine it will be after xmas, the letter has gone. I won t let it spoil the festivities ... lol

Have a goodun and thanks P1

[Susiebling365]

Re: Ten years of Black Horse, help me to end it please ?

Hi , lovely New Years post for me, so once again I would appreciate your opinion.

It seems the last complaint letter was sent back to Hillesden to reply to, and I don t really get this. However, after my stomach stopped churning a bit, I tried getting my head round these people, as they do seem to be digging in over it. They included copies of BH decision on the complaint and letters from them to me to emphasise things. Must admit these guys worry me somewhat.

Do you think that I will need to go right back to the beginning and explain what it is that I am still not happy/agreeing to?

There are so many issues relating to the account that have not been answered, and others were involved. Issues of money, nothing balances or agrees, part exchanges, things signed for that belonged to me, without my knowledge.

No information is noted on the agreement, which I signed, under pressure, just an amount of money for a vehicle. They hide behind the type of agreement it was, and no one explained this to me.

There are discrepancies over the equity and part ex s that were included in the deal and not noted on the agreement, and I am told that all this bears no relevance.? So what happened to the money? and I have paperwork that says it does relate, agreed by my ex, and the figures just don t add up.


The vehicle and caravan were sold without my signature or agreement and they belonged to me. I could tie myself in knots.

The FOS said.....
This service was authorised to investigate events relating to regulated consumer credit loans and finance facilities that occurred on or after the 6April 2007 I have looked at your credit agreement and, unfortunately, this is an unregulated agreement, therefore this service is not authorised to look into the merits of your complaint any further.
However you may wish to refer your complaint to the Finance and Leasing Association

FLA just read/ phoned BH and said the account was in deadlock and to consult a solicitor... is that classed as upholding?... seems like fence sitting.

Arguing the fact that 30k or more was repaid to them within a 3 year period of a 10year agreement, I get told that its not so simple. Its pro rata, or part interest part capital yet they cannot break it down into that, so that I could argue the amount..oh I forgot .. its unregulated and they can say/do/write what they want.

Why should I now hand over £5k which I don t have?

Feel a bit better now I’ve had a rant.... have a good new year everyone

[PriorityOne]

Re: Ten years of Black Horse, help me to end it please ?

It's just going round in circles Susie. Aplins seem reluctant to issue court papers on the back of two (unanswered) formal complaints, so DLC can't do anything unless that situation changes are they instruct someone else. It's best not to ignore any correspondence even though it's a pain in the rear, so I'd be inclined to just drop them a quick line as follows (by rec. delivery, as usual).....


Dear Sir/Madam,

Your Ref: xxxxxxxxxx

Having read your most recent correspondence (24/12/2014) in connection with a second unanswered formal complaint to Aplins solicitors (your agents), I must advise you that my stance remains the same as well; as detailed time and again in previous correspondence. For the avoidance of doubt, this means that no payments will be forthcoming to any clients, agents or anyone else until/unless the alleged figures sold to you by Black Horse Finance can be investigated and substantiated as fact.

If you continue to have problems comprehending this issue, I respectfully suggest that you ask a colleague to read my letters to you again slowly.

Yours faithfully,

[Susiebling365]

Re: Ten years of Black Horse, help me to end it please ?

Thanks once again, and I ll send that tomorrow. So if Aplins did go ahead we could remind them of the formal complaint and follow that up (hopefully they wont)? I do see that they seem reluctant to go ahead with it. and, I don t think we threatened Hillesden with the FCA.

They clearly haven t had a good look at the account and why I don t agree with what they want, they just keep sending me a copy of the statement and letters from BH. But then, the problem is n t with them , so they would n t understand,. but if they buy a debt they should know the whole story ?

Thats why I suggested sending the whole problem details to them, but your letter is simple and precise and you know things .....its a battle of wits, they cant have read the part where BH says the balance is part capital and interest.

Ties me up in knots.. Thanks again Priority Happy New Year