Black Horse marking defaults although case should be on hold! Advice please?

omissimo

Hi,

Long story short.

I have two loan agreements with Black Horse that I have been trying to claim back unfair charges for.

BH sold the debts to collection agencies even though the debts are in dispute, a big battle with the agencies ensued and I finally got them to send the debts back to BH.

BH are now continually marking defaults on my credit file even though the debt should be on hold while the court case is resolved. I have written many letters to BH but I am ignored by them!

They are ruining my credit file when they shouldn't be, this makes it even harder to clear debts because you can't get decent credit.

Surely there is something I can do to get this stopped?

Also my claim has been stayed in the County Court but the stay is only relevant to banking charges not loan charges, is there a way to get my case to continue?

Thanks.

Tozer

Why do you say that they can't file defaults? If you have defaulted then they are entitled to do so.

omissimo

because they aren't supposed to take any further action until the court case is resolved!

Tozer

Not my understanding. That relates to the financial aspects of it, not the fact that there is a default recorded with the credit reference agencies.

The court case is not going to make any difference as to this point.

omissimo

My understanding is that under the terms of the Administration of Justice Act 1970, when a debtor has reasonable
grounds to put an account into dispute, a creditor must freeze all action on the account until
such time that the dispute is resolved. This includes but is not limited to :
• You may not demand any payment on the account, nor am I obliged to offer any to
you.
• You may not add any further charges to the account.
• You may not add any interest to the account. You are not permitted to profit from an
account in dispute.
• You may not pass the account on to any third party.
• You may not register any information with the credit reference agencies.
• You may not close the account.

omissimo

Also section 13.6 of the banking code states:

We may give information to credit reference agencies
about the personal debts you owe us if:
• you have fallen behind with your payments;
• the amount owed is not in dispute; and
• you have not made proposals we are satisfied with
for repaying your debt, following our formal demand.

MrsTinks

Call me naive but way I see it then until such a time as the charges are resolved or refunded or whatever the debtor is still under contract to pay the monthly agreed amount. You are from what I read NOT paying them the agreed monthly amount and therefor you have by definition defaulted the debt. You are not disputing the debt which is what you have been quoting - you are disputing the charges - 2 different things. Disputing the debt is basically saying you don't believe the debt is yours. But From what I read you are saying that you know you have these debts, you just don't agree with the charges?
You would be right if you were disputing the debt was yours etc - THEN they couldn't add interest or defaults etc until they had proved it was your debt etc. But it's a different scenario unless I have misread your posts

omissimo

The charges are on the account that is in dispute, and it clearly states no further action may be taken on an account that is in dispute!

Tozer

No further action in respect of the particular charges. However, if you have defaulted, it is that which attracts the default not the fact that you have been charged.

If the default was solely in respect of not paying charges then you may have something to go on. However, if it was failing to repay a loan, then you haven't got a leg to stand on.

natweststaffmember

omissimo wrote: »

The charges are on the account that is in dispute, and it clearly states no further action may be taken on an account that is in dispute!

Is the whole of the debt made up of charges?
You have said it is charges against a loan, are you making payments to that loan?