Black Horse offer to settle help please

[koodai]

Hi

 

We have received a Notice of Offer to Settle - Part 36 due to non-payment of a Black Horse Loan as we cancelled the DD because they never responded to our letters re cancellation of PPI and new agreement offer, so basically we filled in some court documents and the CAB advised us to go for mediation, which we put on the form, along with our reasons and copy letters sent with the documents. We all along the way said that once we knew what the new payments would be we would resume payment, but they never advised what the new payment would be without the PPI

 

This letter came today from SCM with the notice and I am really confused. They have agreed to apply a back dated cancellation of the PPI, to waive the collection charges and have stated a new amount of the debt.

 

Now CAB in our area are not the best. We cant afford to get a solicitor and we are not entitled to legal aid. But if we have to we will have to find the money for a solicitor.

 

I dont expect anybody to be able to advise, but if you dont ask, you dont get, but what do we do now? We dont understand all the legal jargon, just that we have to notify the solicitors within 21 days if we accept the offer.

 

I know we went about it the wrong way, I know that we should have continued paying, but we cant change whats happened now.

 

Any help or anything, even a hello would be a help.

 

I'm panicking now as I dont know if they want the whole amount or really what to do or what would happen next!!!

 

Thanks

[maroondevo52]

Hi, Koodia.

 

I've moved this thread to our Legal Issues Forum.

 

Regards.

 

Scott.

[koodai]

Hi I've just relooked at my things I sent to the Court and one of the points makes reference to the fact that I received a letter from black horse requesting I pay the outstanding balance and if we didnt pay they would be entitled to start legal proceedings AND Ireceived the court documents, both dated the same day, so they didnt even give me a chance to respond. Is that right?

[volvodriver]

I think you would be best helped if you could post up a calendar of events listing everything that has happened, with dates, and if you can scan and post up any documents you have received taking care to remove any personal deytails, reference and account numbers, and any barcodes.

 

This will prevent a long series of questions being asked of you.

 

Folk need to understand the history to be able to help you.

 

Vdr

[koodai]

Hi I will give a timeline of events, I'm not sure what anyone wants to see so if you let me know what docs to scan and upload, I can do:-

 

Loan taken out I think December 2007 (Cant locate original agreement at moment)

 

12-12-09 Letter to Blackhorse giving written notice to terminate PPI and request new DD details

06-01-10 Default Notice served for non-payment of both insurance Loan agreement (is this PPI?) £222.50 and Loan agreement £578..76

02-03-10 Notice of default sums for Collection Activity Fee £30.00

04.03.10 Card put through door from Blackhorse Customer Service Representative regarding arrears of £1602.52

04-03-10 Letter to Blackhorse expressing disturbance at above visit. Requested a response re letter of 12-12-09

11.03.10 Letter from Blackhorse enclosing new DD form

30-03-10 Letter from Blackhorse requesting payment and referring to Default Notice served £2018.15

30-03-10 Notice of default sums for Collection Activity Fee £30.00

06-04-10 Letter to Blackhorse referring to their letters of 11.03.10 and two letters 30.03.10 - Advised will not sign DD until new payments are provided minus the PPI

07-04-10 Letter from Blackhorse re cancellation of PPI - Can we ring their office to discuss

12-04-10 Letter from Blackhorse detailing statement from 26-10-09 to 31-03-10 due to arrears. Arrears £2048.15

21-04-10 Letter from Blackhorse re cancellation of PPI - Sign form and return (cannot find this letter at moment)

27-04-10 Letter from Nationwide Collection Services Limited - Amount due £15,977.40 requesting immediate payment on behalf of their client Blackhorse

29-04-10 Letter to Blackhorse referring to theirs of 21-04-10 again stating will not sign slip/fill in DD until confirmation that PPI has been cancelled and new payment details provided

30-04-10 Notice of Default Sums for Collection Activity Fee £30.00

01-06-10 Notice of Default Sums for Collection Activity Fee £30.00

04-06-10 Default Notice served for Insurance Loan Agreement £778.75 and Credit Agreement £2,100.66

29-06-10 Received 03-07-10 Letter from Blackhorse requesting payment of full balance £16,341.28. This letter quotes 'If you do not pay we will be entitled to start legal proceedings against you ....'

29-06-10 Received 03-07-10 Court papers from Northampton. Was advised by CAB to fill in N9B to dispute claim. And if I remember correctly requesting mediation (will have another look. I'm convinced I have a copy of all this with the part we filled in and sent, just cant locate at the moment. WIll search tomorrow)

13-08-10 Letter from SCM a copy of their client's completed Allocation Questionnaire. They advise they will be writing to us again 'to explore the possibility of agreeing a settlement of this matter'

31-08-10 Standard Order for stay for settlement with consent of all parties from our local court. Stayed till 30-09-10

20-10-10 Statement of Account for 01-10-09 to 30-09-10 received from Blackhorse

22.02.11 Notice of offer to settle - Part 36 sent by SCM on behalf of their client Blackhorse for £16341.28, less PPI as of 12-12-09 of £2092.35, further reduction of 121.92 and waive collection charges of £180.00 giving total reduction of 2394.27 for settlement of £13947.01

 

 

 

............. And that is where we are at now. Obviously if any of the above needs to be scanned, please let me know.

 

I'm just not sure what happens now or what I need to do.

 

Thanks for your assistance

Edited February 23, 2011 by koodai
Change one date from 2012 to 2010

[volvodriver]

Good resume. I| cant help you further.

 

If you have not had help by lunchtime tomorrow click on the triangle at the bottom left of your post and thereby alert the site team that advice is required.

 

Vdr

Edited February 23, 2011 by volvodriver
typo as usual

[koodai]

Any help please?

 

Thanks

[AndyOrch]

PART 36 - OFFERS TO SETTLE - Ministry of Justice

[AndyOrch]

Why Make a Part 36 Offer in the Course of Litigation?

 

For parties to litigation, there are various reasons to consider making a Part 36 settlement offer. For example:

• A strategic and well structured Part 36 Offer may mean that the parties more quickly obtain a satisfactory result in the litigation.
  

• A Part 36 Offer places pressure on the other party to the litigation (the party to whom the offer is made) to seriously consider the strength of their case, whether they are prepared to settle, or whether they are prepared to risk a costs penalty if the matter goes to hearing and they do not ultimately do better than the offer put to them. For example, if a Claimant with a strong claim makes a Part 36 Offer to a Defendant to settle for 85% of the total claim, a pragmatic Defendant may jump at the chance to settle on this basis in view of the risk that if the claim was heard by a Judge an order would be made for payment of the full amount of the claim.
  

• Parties are highly likely to save legal costs in the longer term through a quicker settlement of the litigation.
  

• Exploring settlement prior to hearing can often be advantageous to both parties. At this stage parties can still negotiate towards a compromise suited to their commercial needs, rather than have an “all or nothing” result imposed on them by the Judge or decision maker at a final hearing.
  

The effectiveness of a Part 36 Offer lies in its ability to place pressure on the party receiving the offer who will know that, if they do not accept your Part 36 offer and fail to beat your Part 36 offer at the hearing, the Court is likely to order that they make a considerably larger contribution to your legal costs than they would otherwise have had to make.

 

Regards

 

Andy

[koodai]

Hi Andy, thanks for that. So am I reading into it that really my best chance would be accept the offer and then discuss repayment etc. I did look at the Ministry of Justice website re Part 36 last night, but I couldnt make head nor tail of it. All that kept jumping out was claimants costs and having to pay a single sum of money etc, so I panicked! We have no issues with paying it was just the point of fact that we asked for the PPI to be taken off and it was 5 months later we had some sort of action, but even then we still had no notification if payments would stay the same or be reduced or that the PPI was cancelled! And then to send a letter stating possible legal proceedings at the same time as the court papers, really didnt give us a chance to do anything. Had I known what I know now through reading the posts I wouldnt have rushed so much when the court papers arrived. But hey ho, I know I defaulted and I'm prepared to pay, just think its a pain when you think you are doing the right thing, when all along they have got you by the short and curlies ! Lol.

[koodai]

Hiya

 

Just few questions in my head and wondering if anyone can help?

 

Am I right in thinking that looking at my timeline of events, I really have no option but to accept their part 36 offer?

 

I have 7 days to contact the solicitor if I have any issues, is this the time to ask if the offer is subject to being paid in instalments and if so, can I suggest on what terms?

 

If I agree, does this mean that I wont have to go to court

 

Is there any way of avoiding this in any way and going a different route?

 

I'm really upset that reading through lots of posts and trawling through the internet, it sounds like I have no choice and it really aggravates me because if they had done what I asked them to do in the first place, we wouldnt be in this sorry mess!

 

 

Please please please tell me something that stops all these stupid questions going round and round in my head and will allow me to at least have a decent amount of sleep.

 

Many thanks

[AndyOrch]

If the contents of the Pt36 offer of settlement are agreeable then speak /contact the Sols

to arrange a convenient payment plan.

 

If you are not happy with the offer then you can still contact them to try to negotiate a fairer deal.

 

If both the above fail then you will have no other option to continue to trial and risk costs.

The Part 36 as been issued to apply pressure to you depends how strong you feel your case is.

 

Regards

 

Andy

[koodai]

Thanks again Andy. Nothing would give me a greater feeling than to tell Blackhorse where to get off, but I cant risk adding more money onto this debt, so I suspect I will talk to their solicitors and see what happens.

 

Thanks again for your help and for clarifying a few things for me

[AndyOrch]

No problem Koodai

 

Keep your thread updated with the outcome.If a settlement is reached it will probably be by way of a Tomlin Order.

Dont sign or agree until you have checked here and verified its contents with me.

 

Best of luck (thank you for the Rep)

 

Regards

 

Andy

[koodai]

Thanks again Feel so much better now

[koodai]

Hi

 

Can someone please help with this now?

 

We entered into a repayment plan with BlackHorse through SCM to pay £200.00 per month since August 2011 which has been adhered to every month and we have had notices from Black Horse showing these amounts being deducted from the account.

 

Yet this week we have had a CCJ from the Court awarding the full £13947.01 not taking into account the £1000.00 we have already paid. How can this be if we have not defaulted in any way????

 

The only thing I can think of is the penultimate letter we received from SCM was to say that we had not responded to their letter, which we did as we agreed to the Part 36 and they had enclosed a copy of a letter sent to the Court that day stating that as we had not contacted them, then they felt basically that we would not pay and now Black Horse were entitled to the full oustanding amount there and then sort of thing. The last letter we received from SCM gave us the repayment plan and bank details so we could pay, which we have been doing, so I really dont understand how they can tell the court this and then still send us details that Black Horse are agreeing to our repayment proposals!!!????

 

Now we have this CCJ and I dont know what to do as we have not defaulted.

 

Can someone, please, please, please shed some light and advise on this please?

 

Many thanks

[AndyOrch]

What did you agree by way of the Part 36 settlement and was this done within a Tomlin Order?

 

Regards

 

Andy

[koodai]

Hi. Thanks for your response.

 

It wasnt anything I signed it was per the letter from the solicitors and another letter saying that Black Horse had accepted the payment proposal. The agreement was to pay £200.00 per month with a review in six months time to see if we could increase payments.

 

Regards

[koodai]

Plus we have been trying to ring SCM and they first said someone would call us, which they didnt, so we rang back and then they couldnt find the paperwork and would ring us back, which they havent. So everytime we have rung they have said they would call us back and they still havent. I am thinking of sending a letter recorded post to them to ask why we have this CCJ and why no-one ever rings back. Is that the best plan of action?