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  • #1

    Black Horse Penalty Charges

    Hi All

    Now my DMP has settled down I am looking at whether charges etc that have been applied to my accounts are lawful and whether I can reclaim or challenge them.

    I have always been sensible and never taken out PPI on any of my loans so there is nothing going there.

    However, I have noticed on the statements that Black Horse have been sending me, for a personal loan that is in default, that for over 2 years they have been applying charges of £35 per month for 'late payment fees' or something similar.

    Is there any scope here for looking to reclaim these charges as the debt would be close to having been paid off by now without them!

    Cheers
    SnV
    "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

    The consumer is that sleeping giant.!!


    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.
    Tags: accounts, advice, bank, bank account, bank charges, cap, capped, challenge, charges, claim, companies, court, debt, default, dmp, fees, late payment fees, law, loan, loans, oft, paid, penalty, personal, personal loan, personal loans, ppi, reclaim, regulation, statements, unfair
  • #2
    Re: Black Horse Penalty Charges

    Absolutely yes. If you don't try, you won't get!

    Comment

    • #3
      Re: Black Horse Penalty Charges

      I know CC companies had their charges capped at £12 but does this also apply to personal loans?
      "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

      The consumer is that sleeping giant.!!


      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

      Comment

      • #4
        Re: Black Horse Penalty Charges

        Nope, the cap does not apply to loans.

        However, neither did the test case as that was bank charges - ASAIK, so write to them and reclaim them - there is nothing they can hide behind, providing I am correct about the test case.
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

        Comment

        • #5
          Re: Black Horse Penalty Charges

          Oscar,

          Correct as these are charges applied to a Loan and not bank charges applied to a bank account which is what the OFT was challenging.

          So SnV get that claim in as they are all refundable in total.

          Comment

          • #6
            Re: Black Horse Penalty Charges

            Gawd this blessd test case that the OFT screwed up. I think you guys are right. The test case was about unfair charges on accounts. OFT went to the court based on an argument around regulation 6 (??). Even the judges said that had they not gone against advice and had based their arguments around regulation 5 then they would have won. Or something along those lines.

            Is not Mike Dailly of Govan Law Centre taking up the cudgels on this stuff? Hearing sometime in August? I just can't remember it all.

            regards
            Garlok

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