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Baz1994

BlackHorse Secured Loan now with Skye Loans Limited

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Cheers again dx

 

I am just trying to find out a bit more about this company.

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Well after further discussions with my OH, it now transpires that Skye were quite threatening to her on the telephone last week.

 

She didn't want to tell me (as would have angered me) but they even suggested that we rented out one of our rooms to pay-off arrears. This was in addition to telling her to sell our property or they would issue court proceedings. She said she was in tears and very upset on the phone but they continued to ask her what she was going to do about it.

 

Anyway they have sent another letter received today demanding that we return the enclosed I & E sheet, 3 months payslips and 3 months bank statements within 7 days.

 

We are happy to send back I & E details but are we obliged to respond with other details requested ?

 

My OH has been making the regular monthly payments to Skye and any arrears with them have been cleared.

 

Now on reviewing previous written correspondences further to our Account in Dispute letter, Skye did not provide evidence regarding the arrears amount apart from stating the amount.

 

They actually say that it should be referred to BlackHorse as it is not their issue ?

Also they still keep adding default fees / charges and interest even though we requested not to do so.

 

As previously advised I have sent a SAR, especially requesting telephone conversation details

re the day concerned as my OH was advised that it was recorded.

 

Should I now send a Formal Complaint letter,

including the above mentioned incident and remind them that they are regulated by the FCA ?

 

Any help would be appreciated.

 

Baz

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pes i'd not send them anything.

 

 

what they sai on the phone is out of order

and they would never repeat in a letter.

 

 

somethings wrong with this loan

can you scan up all the paperwork again.

its gone since the crash[you might have to rename the file first]

as old filename wont be allowed to be uploaded again.

 

 

formal complaint yes.

how much of this arrears are fees?

how much is outstanding

 

 

trying to gather why they are simply threatening

and being forceful rather than taking things to court..me thinks they cant

hence why BH sold the loan


..

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A belated thanks dx had to pop out.

 

I will start drafting complaint letter and should I head it up as a formal complaint ?

 

Agreement all loaded now. One sheet no copy of Terms of Agreement mentioned overleaf.

 

Secured loan but apparently unregulated.

 

I am just going through BH statement of account that was recently sent by Skye but no breakdown of arrears. Do they need to still provide breakdown of arrears ?

 

Also checking fees / charges added.

 

I wondered this as BH had never previously put any pressure on us. There again monthly payments were being made but no proof of arrears.

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Just an afterthought

 

On checking letter details received from Skye,

I see that it states that this mortgage is being serviced by Capita Mortgage Services Ltd,

in which are authorised and regulated by FCA (306235).

 

Sorry for daft question but are Skye Loans Limited therefore registered / regulated ?

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simply a trading name of the parent CO.

as explained earlier

 

 

dx


..

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Thanks dx that clarifies that then.

 

Also they have no right to vary original terms and conditions ?

 

Posted Credit Agreement above, with further questions.

 

Cheers

 

Baz

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nope they cant change anything.

 

 

what puzzles me it that is obv your sig..?

strange it has a hand written AC number


..

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Cheers again dx

 

Sorry so are you saying there should be something else that we signed ? This is all that they can provide.

 

Original typed reference number was for their head office.

 

Our agreement number was hand-written on copy provided as part of SAR.

 

Cannot find any T & C's - or any details regarding transferring / selling accounts.

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you don't need to keep posting the quote of the post you are replying too

unless its not the one above when you post

makes the thread incredibly long otherwise.

 

 

i'd await the sar return then scan everything up.

i'm suspecting that 'blank' agreement you have signed

has been used to try and spoof you its for the current loan

when it wasn't

it was for one of the later or previous ones.

they cant lump everything together under ONE agreement

if there were multiple loans


..

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you don't need to keep posting the quote of the post you are replying too

unless its not the one above when you post

makes the thread incredibly long otherwise.

 

 

i'd await the sar return then scan everything up.

i'm suspecting that 'blank' agreement you have signed

has been used to try and spoof you its for the current loan

when it wasn't

it was for one of the later or previous ones.

they cant lump everything together under ONE agreement

if there were multiple loans

 

Ok dx thanks again and apologies.

 

I will await SAR details from Skye Loans and in the meantime I will follow-up with BlackHorse regarding some other issues.

 

Should any Notice of Assignment letters be headed up to that effect ? Or is a letter just stating that account has been transferred suffice ?

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Awaiting SAR details from Skye.

 

Formal Complaint / Account in dispute letter sent.

 

Still being harassed for arrears etc and requesting that we send bank statements regarding payment proposal / freeze of interest.

 

Do we have to comply or is submission of I & E plus payslips suffice ?

 

Should I send them a reminder that the account is in dispute and say that I will submit a complaint to the FCA ?

 

Also sent request to BH regarding notice of assignment letter, no reply still.

 

Thanks for looking

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:bump: anyone thanks

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Whats on your bank statements is none if their business, if you have sent an I &E and payslips to them then they have all they need.

 

You may have to sar BH aswell to get copies of NoA


PLEASE HELP US TO KEEP THIS SITE RUNNING

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

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Thanks martin2006

 

No have not sent anything yet as awaiting SAR from Skye. They keep requesting bank statements in addition to I & E / Payslips.

 

We have also requested copies of NoA etc from BH.

 

Will post up once responses received.

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They probably want to see if treating yourself to dinner out every night and living like a king, which is none of their business.


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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They probably want to see if treating yourself to dinner out every night and living like a king, which is none of their business.

 

I wish martin2006 and thanks again for comments.

 

:wink::wink:

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OK Skye Loans Ltd SAR details received this morning. A bundle of papers, not in any sort of order and Skye had until 3rd August 2016 to respond.

 

Still no response from BH regarding previous enquiries in which I have followed-up again.

 

Credit Agreement & Legal Mortgage details received (same as previously posted) no original agreement number mentioned only handwritten amended account number.

 

No witness signature or dated details from BH rep.

 

No copy of T & C's overleaf as mentioned on agreement.

 

No notice of assignment details, only letters from Skye / BH advising new owner of Loan Agreement - Is this suffice ?

 

I have found copy of Standard Mortgage Loan Terms booklet 2000 Edition - No mention of account being able to sold etc.

 

Does state that all T & C's remain the same on both letters received from Skye / BH. Amongst SAR bundle, I have found early settlement quotation Skye letter (not previously received) where they have not included any rebate of interest as per previous BH statements ?

 

Only telephone notes provided regarding distress call with OH - No complete recording of conversation as requested. OH was told that conversation was being recorded. Submitted details incorrect to what was discussed.

 

Also amongst details there are two letters from Skye to our original mortgage lender (1st charge) requesting redemption figure, monthly mortgage amount and total arrears outstanding. They also state that they are considering repossession proceedings and we were not aware of these correspondences until now.

 

Both times our original lender refused their request as no written authority from us. Can Skye (2nd charge) still enforce this or will they now pursue a CCJ ?

 

No Skye Abbreviation Guide to Comments submitted.

 

Finally amongst the 'Scratchpad notes' it transpires that they have been making enquiries regarding value of properties in our street and Experian shoes £XXXXX outstanding on our mortgage in which is incorrect ?

 

Sorry to bleat on but want to respond with as much detail as soon as possible.

 

If any details need posting up plse ask.

 

Thanks for any assistance.

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:bump: Anyone thanks

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As its classed as a mortgage i doubt they would go down the ccj route, if anything they would try to repossess.

 

It is my understanding that you would not receive the actual NoA in your sar,

they only have to notify you its been transferred.

 

So is your next step to start a claim for the charges?

 

Did you get all the account statements?


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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Many thanks martin2006

 

So can they try and repossess / force sale of property even though they are the 2nd charge / mortgage? Hence my mention that they have already approached our main mortgage company who refused their request for details twice.

 

Therefore do they need their permission to proceed ? And will they go for the whole loan amount or just the arrears ?

 

The account is currently in dispute regarding the arrears and there are some charges made on the account on looking at statements provided. We also have a complaint ongoing regarding the telephone conversation with my OH, as mentioned in previous posts.

 

So no NOA details required just a letter of transfer is needed ?

 

Thank-you for your time and sorry for further questions.

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they would need permission


..

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Ok thanks dx

 

So if refused what other options do they have?

 

We are currently still paying monthly payments.

 

Had a previous arrangement / increased payments with BH but Skye are now saying not enough.

 

If arrears are fully explained / justified then it was mentioned that we could increase our payments to pay-off.

 

Conditions suggested were that we provided I & E, 3months pay-slips and 3 months bank statements.

 

We have also requested that they freeze the interest.

 

Regarding Notice of Assignment / transfer of mortgage I cannot find anything clarifying this but presume they are allowed to do this.

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they would need permission

 

Sadly the 2nd charge holder do not need permission to instigate repossession proceedings, too many people thought that if they kept up with the main mortgage that the 2nd charge holder could not take action but this is not the case.

 

there would be some other factors to consider before a 2nd charge holder would actually attempt to repossess:

 

Equity in the property being one of them.

 

If a 2nd charge holder wanted to repossess, he could without permission from the 1st charge holder, but it would be pointless if there was not enough equity to pay the 2nd charge off.

 

The main or 1st charge holder would be paid first and the 2nd charge holder would be paid out of what was left over. No permission required from 1st charge holder.

 

see below

 

http://england.shelter.org.uk/get_advice/repossession/about_repossession/falling_behind_on_secured_loans_and_second_mortgages


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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thank martin2006 sorry my bad

I wonder why main refused them twice..when asked..

interesting...


..

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