Pitfalls asking Black Horse to Sue?

[WmWallace]

Hi, I have tried to get Black Horse to stop Activity charges and freeze intreast. I have sent Personal budget plan and hardship letter, this has been going on for 2 years they will not listen.

What is the pitfalls asking them to take me to court? Thanks.

[Guest]

Re: Pitfalls asking Black Horse to Sue?

Have they sent any notices of default sums?

D

[Guest]

Re: Pitfalls asking Black Horse to Sue?

This is why i ask, sometimes it is the only way to get them to stop adding interest

CCA 2006

Section 16: Time orders
39. Section 129 of the 1974 Act provides that a debtor or hirer may apply to the
court for a time order. A time order is an order in which the court may reschedule any
payments due under the regulated agreement. Section 16 amends section 129(1) of
the 1974 Act and inserts a new section 129A after section 129 of the 1974 Act.
Section 129 sets out the circumstances in which a debtor or hirer may apply for, and a
court may grant, a time order in respect of a regulated agreement. The amended
section 129 will enable a debtor or hirer to apply for a time order after having
received a notice of sums in arrears (where required by the new sections 86B or 86C
inserted in the 1974 Act by this 2006 Act), in addition to being able to make an
application after having received a default notice (under section 87).
40. This does not permit a debtor or hirer to automatically make an application.
The new section 129A provides that, having received a notice of sums in arrears, the
debtor or hirer may only make an application if he has given a notice to the creditor or
owner including certain required information and a period of 14 days has passed since
he gave the notice to the creditor or owner. This requirement does not apply to
debtors or hirers who receive default notices under section 87 of the 1974 Act. A
notice given under section 129A by a debtor or hirer must indicate that the debtor or
hirer intends to make the application for a time order in relation to the agreement,
indicate that he wants to make a proposal to the creditor or owner in relation to his
making of payments under the agreement and give details of that proposal. Although
the notice must be in writing, there are no specific requirements as to its form.

D

[WmWallace]

Re: Pitfalls asking Black Horse to Sue?

Hi DavyB I will check paperwork when get home, at work now will be in touch. Thanks

[WmWallace]

Re: Pitfalls asking Black Horse to Sue?

Hi Davyb, yes the have sent about 4 default notice threatening to go to court, the latest this month. The default notice is issued under section 87(1) of the 1974 act.

Any advice on what to do. Thanks.

[Guest]

Re: Pitfalls asking Black Horse to Sue?

Hi
If the DN is in the correct form it should have the details on it of how to apply for a time order under section 129 of the act.

It also should have the OFT information sheet along with it. I presume that this is a fixed sum loan that is still within its term?

The idea is that you write to the creditor with your proposal saying that you will be applying to the court, for an order to review the payment schedule.

It may be better, if you have other debts to contact one of the fee debt charities like CCCS or Payplan as they will negotiate a repayment plan for all your creditors, however if you do want to pursue the section 129 option I would recommend contacting National Debtline, they have lots of information on these.

D