Black Horse ---Defaults and their removal

[NisCAPE]

Hi There,

 

As you can see this is my first post, i think the forum is fantastic...!!!

 

Now, my issue is regarding Black Horse.

 

 

My ex-wife and i had a secured loan (to the house which was solely in my wife's name) with them from 2005.

 

 

Cutting a long story short, we were unable to pay this loan,

because we were both made redundant subsequently fell into arrears.

 

In the interim i broke up with my then wife and we've been separated for the last 4 years living apart.

Unfortunately for my ex-wife at the time, she had to also sell her house.

To my understanding my ex-wife had been in an arrangement with Black Horse making token payments to them.

 

 

I have only by chance taken a look at my credit file

and noticed that Black Horse have placed a default on my credit file in February 2013.

 

 

The account is still shown as OPEN on my credit file.

 

 

It gets worse, there are TWO DEFAULTS for the same amount of monies owing (£8k)

One by Black Horse and another by a company called Marlin Finance Services.

 

 

It appears that Marlin Finance inherited the debt from Black Horse.

 

I have written to the CRA's and have requested that my name is dissociated from my ex-wife.

 

Now my questions are as follows:-

 

1) Is it possible to have two defaults at one time...?!

 

2) I've never received a default notice or even a warning, can this still be enforced...?!

 

3) Even though both entries on my credit file are showing my account as still OPEN, could i still have these removed...?!!!

 

4) What would you consider are the best steps to proceed with this matter...?!

 

 

Many Thanks for your help.....Looking forward to your replies.

Edited September 12, 2014 by NisCAPE

[NisCAPE]

Hi There,

 

I'm looking to remove a deault from Cabot, who are the current owners of the debt.

 

I've sent in the CCA request as requested. But received the following letter attached below, in excess of a month from my request.

 

What should my next step be?

Write to them again?

 

It appears they're using staling tactics.

 

Many thanks for your advice!

[dx100uk]

DCA's don't default debts

the OC does that before the sale

as long as the defaulted date is not changed

by the DCA its not harming you

 

not holding a CCA is not a reason for a default to be removed.

 

not sure what sites you are visiting to get that [wrong] info

[dx100uk]

Hi There,

 

As you can see this is my first post, i think the forum is fantastic...!!!

 

Now, my issue is regarding Black Horse.

 

My ex-wife and i had a secured loan (to the house which was solely in my wife's name) with them from 2005.

 

Cutting a long story short, we were unable to pay this loan,

because we were both made redundant subsequently fell into arrears.

 

In the interim i broke up with my then wife and we've been separated for the last 4 years living apart.

Unfortunately for my ex-wife at the time, she had to also sell her house.

To my understanding my ex-wife had been in an arrangement with Black Horse making token payments to them.

 

I have only by chance taken a look at my credit file

and noticed that Black Horse have placed a default on my credit file in February 2013.

 

The account is still shown as OPEN on my credit file.

 

It gets worse, there are TWO DEFAULTS for the same amount of monies owing (£8k)

One by Black Horse and another by a company called Marlin Finance Services.

 

It appears that Marlin Finance inherited the debt from Black Horse.

 

I have written to the CRA's and have requested that my name is dissociated from my ex-wife.

 

Now my questions are as follows:-

 

1) Is it possible to have two defaults at one time...?! yes

2) I've never received a default notice or even a warning, can this still be enforced...?! yes

3) Even though both entries on my credit file are showing my account as still OPEN,

could i still have these removed...?!!! - nope

4) What would you consider are the best steps to proceed with this matter...?! await 6yrs the defaults will drop off

 

Many Thanks for your help.....Looking forward to your replies.

 

dx

[NisCAPE]

Many thanks for your reply

 

The original debt was with Black Horse Finance.

Should i start again, but with Black Horse Finanace?

 

Direction would be greatly received. Thanks again.

[dx100uk]

start what again?

 

 

dx

[NisCAPE]

Requesting removal of the Default.

 

Thing is I've been through a separation, changed addresses, etc etc, cant remember ever receiving a default notice !

[dx100uk]

if you moved and didn't tell them

it was sent to an old address

nothing wrong there ..

 

 

all they need to prove is one was sent via comms/account log.

 

 

cant see you getting it removed.

[NisCAPE]

Ouch !

 

 

I'm unsure of what to do?! It's having adverse affect on my employment.

[martin2006]

Was it a joint loan or was it a loan you both agreed you would pay but in your wifes name?

Im struggling with how you would be approved for a secured loan on a property you dont own.

Please could you expand a little to clarify

[dx100uk]

its been there since 2013 ..

whats changed in your employment that it suddenly now important?

[dx100uk]

Was it a joint loan or was it a loan you both agreed you would pay but in your wifes name?

Im struggling with how you would be approved for a secured loan on a property you dont own.

Please could you expand a little to clarify

 

 

wouldn't matter...???

 

 

if his name is on the loan paperwork and it defaulted.....

 

 

unless theres something toward both parties must property owners for a secured loan to be valid?

[martin2006]

Exactly dx, he doesnt own the property, its solely in his ex wifes name, so how can HE have a secured loan on it, jointly or otherwise??

 

Doesnt make any sense

[NisCAPE]

Appreciate your replies Dx and Martin !

 

To answer your questions, The Loan is a joint loan, but secured on the property (property now sold, negative equity).

 

My Ex filed for bankruptcy, leaving myself with the debt (amongst many others). As the OC obviously only had myself to turn to for the money.

Its obviously caused havoc with my credit rating.

 

I remember reading a thread on this site by DX on how to remove defaults, crazily enough, had a responce TSB stating they've removed my default !

Bit of good news there i suppose !

[martin2006]

Have they? Can you scan the letter up into pdf format please and lets see what it says, strange that they would simply remove it just like that.

Your credit file however may take 6-8 weeks to reflect this if they have removed it.

[dx100uk]

p'haps andyorch might like to pass comment on the secured loan, when you were not a party to the security?

 

 

dx

[NisCAPE]

p'haps andyorch might like to pass comment on the secured loan, when you were not a party to the security?

 

 

dx

 

I'd appreciate that!

 

Re: The default removal, I'll have to keep my eye on my credit file! I shall update this thread accordingly.

 

I am going to try Dx's method (maybe in vain I know), to remove this blemish of a default from black horse, (even though they've sold the debt off).

 

I shall update you with my results!

Fingers crossed!'

 

"Nothing ventured, nothing gained".

 

Appreciate your help guys!

[batman1956]

I would also be interested in Andyorch's comments on the loan where one of the parties has no legal interest in the "security"