Good Morning,
I have just finished a journey with Black Horse through the small claims court. I lost my case but after 18 months of "fighting" with them I felt that this was the only option left.
We had agreements with Black Horse but also with another company that was part of the Lloyds Group, United Dominions Trust. Some had PPI, some did not. I am aware that there was a time lag, (mid 90's) but other people have reclaimed from Lloyds from the early 90's, so nothing ventured, nothing gained.
Over the course of the first twelve months, I sent 3 subject access requests and a further letter to the CEO and, they did find recent Black Horse agreements but none relating to United Dominions Trust.
They have admitted that records relating to UDT do exist but that any papers are filed in agreement order and since I cannot provide agreement numbers, they can be of no assistance.
Black Horse chose to fight my case every Inch of the way and at no time did they make any sort of offer, nor compromise.
The Judge was pretty amazing, just a perfect gentlemen. So (representing myself), the Small Claims Court is nothing to be afraid of. Although I was so nervous I must have come across as a complete idiot.
at the first hearing, I was given papers relating to the Statute of Limitations. I have a difficulty with concentration so couldn't even see the writing, never mind understand the words. I asked the judge for an adjournment, which he granted. He also made a formal order for Black Hor to try and find the outstanding records.
to cut a long story short, nothing could be found and so at the second hearing, the judge "recluctantly" found in favour of Black Horse. He complimented me on the stand of my case presentation paperwork and said that he was sorry.
it is also fair to say that the barrister present and handling the second hearing was also a gentlemen, who actually took the time to explain the Black Horse situation to me. It was a pity that Black Horse had not chosen to do that previously.
Obviously, I have nowhere left to go now with this case. Would I use the small claims system again? Without a doubt. The only down side is that the FCA do seem to take the whole picture into account whereas the courts seem to be more restrictive in what they can look at. The process cost me £100.00 (which although I can ill afford to lose, I felt it was worth it), however in defending my case, I believe it has cost Black Horse thousands.
i have related this story in the hope that it will encourage anyone out there who is being given the run around to keep on trying. Additionally, when the new MPs are in situ, I will ask that my MP forward papers to the Ombudsman to show that companies (Lloyds Group) still appear to be obstructive and, in my view not strictly "honest"
As always, many thanks to DI and Victoria xxxxxx
Best Regards
:beagle:
Black Horse / UDT
