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I have read your entire thread and I think one thing is clear: that you are almost certainly labouring under a misapprehension that the unsigned (on their behalf) agreement is something that you can rely on. Even if a court decided that the agreement was unsigned, it would not make it unenforceable. The court has the power to imply terms into a contract, to make them fair. If this were deemed to be the case, the court might, as a slight punitive measure, decide that for a period of the loan, no interest was payable - but that would still leave interest payable on the vast majority of the loan. If, perchance, the court found the agreement was unenforceable (extremely unlikely), then they would simply apply the legal doctrine of equity, which would enforce, at the very minimum, the actual loan payment made to you. Whatever happens, that amount will remain repayable by you. Having read your posts, I'd suggest that you will end up paying the loan and the interest (most of, if not all), whether that be by you making regular payments on it, or by Blackhorse successfully gaining possession.

 

I'd suggest you either a) go and get some legal advice (notwithstanding that you don't trust solicitors), b) accept the PPI money they are offering you, and use it to help discharge some of the payments you should have been making or c) do an income and expenditure and see precisely what you can afford to pay towards the loan.

 

How much was the loan for?

What date did you take it out?

How long was the loan term for?

Was it originally secured, or did it become secured through a charging order?

What happened to the original possession case? Did they gain an order in 2006 - or did it drag on until the date you referred to in your initial post (2009)?

 

A case that has been struck out, means that no finding was made. It does not mean that the process cannot begin again. I could suggest that Blackhorse aren't fussed about rushing as the loan is secured on your property - they're probably thinking they will get some money one way or another (unless you have less equity in your property than loans secured on it).

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Hi

 

Dropping in as requested by CB

 

Valid points made by all of course and what you should really do is ensure that any PPI refund is the correct amount. You should also claim back all of those unlawful charges plus appropriate interest in restitution.

 

If you can answer Lea's questions that would be useful and also let us know what the balance is on the account at the moment.

 

How much in PPI have they offered?

 

You say you lost a PPI case. Was this a counterclaim to a proceeding brought by the lender or was it a separate case that you brought against them? Why did the judge find against you for the PPI? What did his judgement say about this?

 

If you have "heaps" of charges then that can make a significant difference to any balance due, especially when you take into account the compound interest to claim on them as well. Do you have all of your loan account statements in your SAR response?

 

ims

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How much was the loan for?

What date did you take it out?

How long was the loan term for?

Was it originally secured, or did it become secured through a charging order?

What happened to the original possession case? Did they gain an order in 2006 - or did it drag on until the date you referred to in your initial post (2009)?

19,000

January 2006

10 years

secured from the start

dragged on to the court case in 2009 ,and judge refused re-possession

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If you can answer Lea's questions that would be useful and also let us know what the balance is on the account at the moment.
31,000

How much in PPI have they offered?
350.00

You say you lost a PPI case. Was this a counterclaim to a proceeding brought by the lender or was it a separate case that you brought against them? Why did the judge find against you for the PPI? What did his judgement say about this?
It was a counterclaim and we lost becuase there was a sheet with 5-6 questions and we had to sign it on the day of taking the loan and so did the person taking us for the loan and they never asked us the question and it was left blank on the day and later N/A was added ,how ever they were yes no answers but in court it was said the computer did not recconsise the word no.

Do you have all of your loan account statements in your SARlink3.gif response?
i will need to check and get back to you on that one.

 

When we were in court with blackhorse the last time they did ask for payments and the court refused because there was a unsigned agreement and did not enforce the agreement ,the judge asked blackhorse and told them to come back with a case regarding the unsigned agreement and they never did.

 

Also since the court case in 2009 when the unsigned agreement was brought up ,they have frozen all interested and not charging any fees to the account ,offered us back the PPI and not charged us the 4,000 court fee`s ,also as mentioned the never answer are letters in regards to the unsigned agreement.

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Hi

 

Thanks for that....£350 seems pitifully low. Can you have a look at the agreement and let us know what the PPI premium was that featured on there.

 

Thanks

 

ims

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we did cancel the PPI early think about 2007 when husband lost is job threw medical problems and they said we could not make a claim and also to reduce the monthly repayments as the PPI was 180 amonth.

when we did cancel they only reduced repayments by 110 amonth.

I will get husband to get agreement for me and let you know

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Hi

 

Ok....do you know, or do the statements show, that you had a rebate of the ppi when you cancelled it?

 

Sorry for all the questions....just trying to get to the bottom of things so we can work towards the best outcome for you.

 

Regards

 

ims

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1. Single Premium PPI Q&A Read Here

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Read Here

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like i say will get husband to get the paper work out for me so i can answer those question.

I can`t get the paperwork out myself as i am disabled

 

No probs....in your own time is fine.

 

ims

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1. Single Premium PPI Q&A Read Here

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3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

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Read Here

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Read Here

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Read Here

 

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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

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  • 2 weeks later...
Ok....do you know, or do the statements show, that you had a rebate of the PPIlink3.gif when you cancelled it?
yes we had a rebate when they cancelled the PPI.

 

We just had a phone call from SCM solictors out of the blue ,saying that blackhorse were concerned we had not claimed back the PPI they were offering.

My Husband said he was not signing anything until BH had answered the questions about the unsigned agreement and the court had thrown the case out as BH had not replied to the judge and the woment on the phone knew nothing about this.

My husband also mentioned the letter that informed BH 5 months before the court case that they had a unsigned credit agreement and mis-sold PPI claim and that we had a good case against them ,the women on the phone went dead quiet.

 

Why would BH get SCM solictors to phone us saying they are concerned we have not claimed the PPI back they had offered ,why did`nt BH phone us our selfs ,hope someone can help us out

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Has your husband dug out that agreement yet?

 

ims

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1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

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my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

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Hi

 

Are you able to scan it and post it up as a PDF file (MINUS ALL PERSONAL INFORMATION) please?

 

In the meantime I'll review the thread

 

ims

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

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my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

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Oh ok....hope Santa's good to you then

 

Some agreements are laid out differently to others...does your happen to show the ppi premium, the interest relevant to that premium, the total amount payable for the ppi part of the loan and the monthly repayment for the ppi part of the loan?

 

If so, could you post those figures up together with the original term

 

Thanks

 

ims

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

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my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

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All the figures below are just regarding the PPI

 

Amount of credit £12,041.09

120 mts

APR 12.9%

£174.09 payment monthly

Total amount payable £20,890.80 thats adding together the amount of credit plus total charge for credit £8,849.71

interest rate 1.016% per month

 

loan details

 

£19,500

120 mts

total charges £14,332.80

total payable £33,832.80

 

=total monthly repayments £456.03

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OK thanks

 

So if I read this correctly, and your post #54, they are offering you £350 where the premium initially was £12k with monthly repayments of £174 pcm?

 

Did they give any kind of explanation as to how their £350 was broken down?

 

ims

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

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If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

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when we cancelled the PPI to reduce repayments they rebated about £11,000 i think

But when it came to repayments

£456.03

take away £174.09 for PPI

would make repayments £281.94

But BH said are repayments were going to be £351 or near enought that can`t remember excat figure ,when i asked why they it was not £281 said they had to rework the loan ,never recieved a new agreement or anything so don`t know what they ment by rework the loan

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Ah ok...that makes more sense that you had a rebate already

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

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my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

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the letter is in total of the 4 loans we have had with BH

refund of premiums paid including interest £2,767.07

excess balance and interest £4,166.83

interest at 8% £1,364.00

optional-less arrears on loan agreement -£10,580.20

total £1,364.00

 

recieved in redress 864.70 and 146.86 these amounts taken off the £1,364.00 which were for previous loand and not the present one ,that leaves £352.35

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OK..thank you

 

Taking a look but prob won't be able to get back till this evening

 

ims

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

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then it has on another page summary of redress calculation for agreement **********

 

payments towards ppi 1,790.60

excess balance and interest from previous settlement 4,166.83

less successful claim benefits 0.00

less arrears on first schedule 10,580.20

statutory interest 863.42

compensation 0.00

total 863.42

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Hi

 

Sorry...yes I did but I will have a look this evening

 

ims

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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