Thread: black horse no replies and new default 9 yr old loan

Black horse were requested to supply a copy of an agreement in July 2007, the loan amount was around £1K, do not have a copy of origianal agreement, however payment was made until critical illness, approx 9 years ago, and is still being paid on instalments, however, the sum does not appear to have gone down and huge fees totalling around 50% of their current claim and default notices, total sum £2K now, they have been sent S77 request, harrassment leter, prelim letter, reminders of same but now applied another default -

it seems to me that a loan company that does not produce the agreement is not in a position to apply default because of this and also becuase the account is in dispute, however, since a nominal payment is still being sent and may affect the position?

the whole sum plus a reasonable amount of interest have been paid over the years however, they still want the above figure 2K? I believe a claim in the courts should sort this out, i.e. where is the original agreement, the defaults should not have been placed on file, is their any insurance on that original agreement (probably) and so on. does the fact that they are receiving payment mean that any statute barred position is voided also.

Have you sent an SAR to find out where all those additional charges etc have come from? Have you made a formal complaint about the failure to supply an agreement?

As you have been making payments you can't go down the statute barred route.

yes, an SAR was sent along with all the other statutory request above named, so really no recourse except to court I believe, thanks for your reply, asking on behalf of another but yes payment agreement kept to, BH in breach of that by threatening to take legal action when not permitted while in dispute