BLACK HORSE Woes

richyorks28

Hi, was wondering if anyone could help.

Had an agreement with Black Horse which as far as I was concerned was paid off last month. Received a letter from them stating so and a statement showing that my balance was £0.

This morning I received a letter from them saying I still owe £108.94, obviously I rang them to say no I don't owe them anything. Their response was that back in June they took a direct debit off me in error for said £108.94. At their request I filled in an DD indemnity form at my bank to get the DD back. The guy i spoke to at Black horse said that this money went out of one of their ordinary accounts and that it has taken untill now for it to show up as being paid off my account with them.

Can they do this?? i.e send me a letter out stating our agreement is closed. then a statement showing that my balance is cleared, only then to send a letter saying I owe them money??

Would seriously like some advice because I've had nothing but trouble with this company from the start. Thanks

changkra

Check with your bank to see if you did file an indemnity or if they paid back a DD. I would have thought it would show on your statement though to prove this either way. It is possible they have your account mixed up with someone else's but check with your bank first and get it in writing if you can to prove they are wrong, if they are. Good luck

richyorks28

I have checked my statement and my bank did re-fund the DD on 4th July.

My main query is - If they have sent me a letter stating that our agreement is over, and a closing statement showing that the balance was £0 - can they now come back to me and say i owe this money?

niceguyed

richyorks28 wrote: »

I have checked my statement and my bank did re-fund the DD on 4th July.

My main query is - If they have sent me a letter stating that our agreement is over, and a closing statement showing that the balance was £0 - can they now come back to me and say i owe this money?

Any lawyers in the house? My opinion on this is that you signed a contract agreeing to pay the loan amount and interest. Although a mistake was made regarding a DD this was refunded. The problem appears to be how long the bank has taken to reconcile this and amend your account without the £108.94 payment. However, I would imagine it's like the analogy of if you cancel a credit card and the amount is 0 but then a payment comes through (which is yours) you would still be liable. The bank can prove you owe the money. Of course speak to them but if they say you owe it, and you know you owe it, then I would personally pay it. You wouldn't want to let it drag on and be in default.

changkra

richyorks28 wrote: »

I have checked my statement and my bank did re-fund the DD on 4th July.

My main query is - If they have sent me a letter stating that our agreement is over, and a closing statement showing that the balance was £0 - can they now come back to me and say i owe this money?

You still owe the money for the refunded payment so yes they can unfortunately. It's better it write to you now than in another 5/6 years which is the time frame they have to claim this money back from you. You could always try phoning them and asking if they would be willing to write off this payment seeing as they have already told you you owe nothing or to pay 50%. Good luck.