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Need help with Legal Recovery Company

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  • Need help with Legal Recovery Company

    Could someone answer a few questions or point me in the right direction?

    February 18th out of the blue I received a letter from a company called Pinnicale Legal Recovery claiming they had bought a debt I had with Black Horse Finance and requesting I phone them to discuss paying off this debt.

    Never having had any dealings with Black Horse Finance I telephone Apex same day. They could give me no further info other than the amount outstanding and claiming I was making monthly payments to Black Horse as agreed with The County Court.

    I told them I had no record of this debt and I was NOT making any payment to Black Horse nor did I have any CCJ's against me. I wont bother you with all the goberdy-gooke I was then subjected to, I didn't understand half of it. I told them I would get back to them.

    I phoned Black Horse but they refused to give me any information or even confirm I had any debt with them... they were quite rude in fact. I phoned my Bank who confirmed I was NOT making any payments to Black Horse. I then contacted a National Credit Agency who confirmed I had no CCJ's against me and no debt with Black Horse.

    On the 23rd Feb. I wrote to Apex telling then the above and asking them to provide me with a copy of the original signed statement of account. I told them that if I did not recieve this within 28 days (as advised by the Credit Agency) I would conclude that the matter was closed.

    On 14th March I recieved a letter from Apex headed, " Information only - No Action Required". Giving me the Original creditor Name - Black Horse Finance. and the Oroginal agreement Number, the amount outstanding and payments made on 16th/2/2011 of £20........ No copy of the original agreement.

    On the 3rd April (I had been away for 2 weeks) I wrote to them again refering them to my previous letter and pointing out that as they had failed to supply me with a copy of the original statement of the account within the 28 days as requested, I now considered the matter closed.

    Today 4th May. I recieved another letter from Pinnacle Legal Recoveries (Apex). acknowledging my previous letters and proving me with further information ( but still no copy of the original signed agreement).

    The debt they are talking about is mine. It was a debt with United Dominion Trust which went back to 1995... I defaulted on the loan and a CCJ was issued against me in 1997. A monthly agreement to repay the debt was made and I have never faulted on this. I have made every payment and have records of this. Aparently United Dominion Trust were at some point taken over by Black Horse Finanace but I have never been informed about this. I have had NO corresponance from either United Dominion Trust or Black Horse Finanace. Standing Order Payments are still going out of my Current Account to United Dominion Trust.

    Now I knew the debt was indeed mine I telephoned Pinnacle to ask what they expected of me. They were quite polite but the threats were still there. They confirmed that I was still making the agreed payments but they want me to either pay off the whole debt,(imposible) with a very small reduction, or make higher monthly repayment. First they want me to complete a Budget Statement.

    My questions are:-

    1. I'm still concerned about paying a company I have never heard of and have no proof they own my debt...should I still insist they show me some kind of proof and if so, what?

    2. If I do have to send my payment to them, do I have to compete this Budget Statement? Why can't I just continue to make the payment I agreed with the court?

    Sorry this is rather long winded... I would be so greateful for any help anyone can give me.. I find this all so worrying.. Ceejaylo
    Tags: None

  • #2
    Re: Need help with Legal Recovery Company

    Although this is not my area of expertese, I would have thought that this debt was statute barred being well over 6 years old. As long as you have not had comunication with this debt I cannot see that you owe them anything.

    Basically they have bought a debt that they cannot legally chase. Whatever you do, do not acknowledge this debt.

    If they keep on harrassing you we do have some good harrassment letters which should see them run the other way. In the meantime do not speak to them on the phone and keep everything in writing.

    I am sure others more expert than me will come along soon and clarify what I have said.
    Last edited by TUTTSI; 5th May 2011, 22:34:PM.

    Comment


    • #3
      Re: Need help with Legal Recovery Company

      Tutts, the debt won't be SB, the OP has said that she has been paying it without missing a payment at £20 per month, and still is.

      We need Curlyben and co to have a look at it.
      Is no longer here

      Comment


      • #4
        Re: Need help with Legal Recovery Company

        Thanks Tuttsi and Wendy yes, I confirm that I have been paying off the debt and have not missed a payment...

        I just feel I need some kind of proff this company is legaly entitled to collect my debt and I don't want to go through the hassle of completing their Budget.

        I would also like to know how they calculated the outstanding debt.... but don't know what I'm entitled to ask for or indeed what I should be asking for or doing??????

        Comment


        • #5
          Re: Need help with Legal Recovery Company

          What a PITA.

          Well firstly STOP talking to this DCA on the phone. They will say anything to get a payment from you.
          Keep everything in writing.

          The simplest way to start this would be to send them a Prove It letter.
          Post #4 in the first link in my siggie has an example.

          It is acceptable for a DCA to purchase a judegemnted debt, although there are hoops that they must jump through to demonstrate that they are indeed the correct party to pay.
          Until they do so, continue making your payments as per the Judges Order.

          They cannot make changes to the judgement without first going back to court for reassessment, so any threats they make are completely meaningless.

          Comment


          • #6
            Re: Need help with Legal Recovery Company

            Ok Curlyben, sorry having a Senior Moment - example of Prove it Letter ... sorry I don't understand where to find this... Thanks for other pointers

            Comment


            • #7
              Re: Need help with Legal Recovery Company

              Curlyben. Grey cells finaly working... found the prove it letter and loads and loads of info...(how did I miss that) - age! Late night reading.

              Twice I have asked (registered post) for proof of assignment, and a statement of account, Still awaiting these... sent email today (after their letter yesterday and phone call) again asking for proof of assignment and statement and requesting these sensitive papers be sent by normal post - NOT email. Thanks, I will NOT be speaking to them again over the phone.


              Did I understand that I should I have sent them £1 for the Satement of account?

              Comment


              • #8
                Re: Need help with Legal Recovery Company

                Originally posted by Ceejaylo View Post
                Did I understand that I should have sent them £1 for the Statement of account?
                No, as there is no fee required under section 77A of the Consumer Credit Act 1974.

                Comment


                • #9
                  Just to bring things up to date as I have been away from home for 3 weeks. Prior to going I wrote to APEX asking them to send me a copy of the Notice of Assignment, they claimed they had already sent to me. I am still waiting for this. I aslo asked Apex to furnish me with a Satement of account but they say I should ask for this from United Dominion Trust (Black Horse Finanace)

                  I'm wondering if I should write to Black Horse Finance and ask them to confirm
                  1. They took over my Debt from United Dominion Trust?
                  2. That they (Black Horse Finanace) has now sold my debt to Apex?
                  3. That I should now send my payments to Apex?
                  4. For a Statement of Account.

                  I feel very agnoyed that they did not do me the curticy of informing me that they had taken over my account from United Dominion Trust and that that they had sold my debt to Apex... but I guess this is nothing new..

                  Comment


                  • #10
                    Re: Need help with Legal Recovery Company

                    How much was the original debt?

                    Comment


                    • #11
                      Re: Need help with Legal Recovery Company

                      Black Horse have been receiving, without fail, £20 per month.
                      But this other lot claim to have bought the debt, are using smoke & mirrors to avoid disclosing the basis on which they can legally claim title, yet are insisting that they have some kind of right to unilaterally alter the terms of a court-ordered agreement?
                      Seems about the usual BS!!
                      CAVEAT LECTOR

                      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                      You and I do not see things as they are. We see things as we are.
                      Cohen, Herb


                      There is danger when a man throws his tongue into high gear before he
                      gets his brain a-going.
                      Phelps, C. C.


                      "They couldn't hit an elephant at this distance!"
                      The last words of John Sedgwick

                      Comment


                      • #12
                        Re: Need help with Legal Recovery Company

                        Originally posted by charitynjw View Post
                        Black Horse have been receiving, without fail, £20 per month.
                        But this other lot claim to have bought the debt, are using smoke & mirrors to avoid disclosing the basis on which they can legally claim title, yet are insisting that they have some kind of right to unilaterally alter the terms of a court-ordered agreement?
                        That was why I asked how much was the original debt - it may already have been fully repaid!

                        Seems about the usual BS!!
                        As the original creditor was bought by Lloyds-TSB, shouldn't that allude to equine ordure?

                        Comment


                        • #13
                          Re: Need help with Legal Recovery Company

                          It's been so long now I can't remember the exact amount of the original debt....around £3th something...the CCJ (I'm told this was July 1998) ordered repayment of £10 per month...which I have kept up ever since. So the amount Apex claim is outstanding sounds about right. £1490.00 I'm not trying to dodge paying the debt (though I haven't acknowledged it to Apex), I just think it is reasonable for me to expect something in writing from Black Horse confirming, they took over my debt from United Dominion Trust (original OC) that they have now passed this debt onto APex and that I should now send my monthly payment to Apex.

                          So should I write to Black Horse and is my request reasonable?

                          Comment


                          • #14
                            Re: Need help with Legal Recovery Company

                            Sorry Charitynjw I didn't aznswer your question.... Yes Apex want to change the court order agreement.... they either want me to pay a lup sum of £1300....full and final payment... I can't afford a 1/3 of this...they sugested I ask family or friends...as if I would... They then said I had to complete a personal Budget form for them within 30 days.. I rang my local County Court as was told that as I was keeping up the payments, they - APEX would need to go back to the court if they wanted to vary the mothly payments..

                            There was something else I wondered about. If I do have to complete a budget form at some point, is it just my income that is taken into account or mine AND my husbands, even thought it is not his debt?????..... APex are very keen to find out any info about hubby...

                            Comment


                            • #15
                              Re: Need help with Legal Recovery Company

                              Originally posted by Ceejaylo View Post
                              It's been so long now I can't remember the exact amount of the original debt....around £3th something...the CCJ (I'm told this was July 1998) ordered repayment of £10 per month...which I have kept up ever since. So the amount Apex claim is outstanding sounds about right. £1490.00 I'm not trying to dodge paying the debt (though I haven't acknowledged it to Apex), I just think it is reasonable for me to expect something in writing from Black Horse confirming, they took over my debt from United Dominion Trust (original OC) that they have now passed this debt onto APex and that I should now send my monthly payment to Apex.

                              So should I write to Black Horse and is my request reasonable?
                              Yes and yes, respectively.

                              Comment

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