Black Horse Secured Loan / 2nd Mortgage arrears dispute FOS complaint

[Baz1994]

I previously sent a CCA request as I could not locate the original that was taken out in 2001.

 

I received the attached edited copy but is I am not sure if this is correct ?

 

I then sent off an SAR and again received the same amongst details submitted.

Am I missing anything does anyone know ?

 

I've checked the forum for BH credit agreement examples but all seem to look different to mine.

 

Just one other question, should BH be sending me annual statements of some sort ?

 

Thank-you for looking.

[Guest]

any terms 'overleaf'? reconstituted?

[Baz1994]

Cheers Ford - No nothing at all and are also missing.

 

I have been through all that was submitted and no T & C's.

 

Also received a letter advising that the secured loan (they state mortgage ?)

is being transferred to Skye Loans Limited ? I will post up regarding this on a new post.

[Baz1994]

I received notification last week from BlackHorse advising that loan being transfered to Skye Loans Limited.

 

I today received a letter from Skye Loans advising that my mortgage has now been transferred to them (pressume they mean 2nd Mortgage ?) and that Mortgage Loan Account number has changed ?

 

They also state that there are no changes to the terms and conditions of my mortgage ? Will the original charge on my mortgage therefore change does anyone know ?

 

Has anyone heard of this company and can BH do this without my consent ?

[dx100uk]

all is above board

 

if you look you'll see lots of BH loans have been sold to these people

 

 

dx

[Baz1994]

Thanks dx

 

I will have a look on forum.

[Baz1994]

Cheers Ford - No nothing at all and are also missing.

 

I have been through all that was submitted and no T & C's.

 

Also received a letter advising that the secured loan (they state mortgage ?) is being transferred to Skye Loans Limited ? I will post up regarding this on a new post.

 

Well I sent another chaser regarding my SAR details received.

 

Reply from blackhorse states that no further information available and that they have provided everything.

 

no Terms of Agreement details.

 

No Annual Statements.

 

No notice of interest rate increase correspondences.

 

No Notice Sum of Arrears details.

 

Regarding the above

is it correct that they have failed to comply with CCA 2006,

therefore the agreement is unenforceable

and they unlawfully charged me interest since October 2008 ?

 

Further to the above were Blackhorse regulated on loans pre 2005 ?

 

I am somewhat confused as they have quoted the Consumer Credit Act 1974 on an old arrears letter ?

I also see that they were part of the Lloyds TSB Group.

 

If they were not regulated at the time of loan in 2001,

should they still be obliged to provide annual statements since October 2008 ?

 

Thanks for any further comments but I am trying to find some clarity.

[maroondevo52]

Hi,

 

As far as I know Blackhorse are part of LLoyds however where loans, ppi etc are concerned Blackhorse act in there own right so there is no comeback on Lloyds, I read somewhere that the FOS won't look at Blackhorse loans ect pre 2005.

 

Have to say I'm not 100% sure on this, I'll see if I can find anything else that might clarify things.

[Baz1994]

Thanks maroondevo52

 

I have been searching various Blackhorse posts and some seem conflicting where FOS are concerned.

Some have been up-held and some have been rejected so sorry for questions asked just need some clarity.

 

It's just that I have now located a previous Blackhorse secured loan agreement from May 2000

which clearly states that it was CCA 1974 regulated ?

 

I have no ppi on both loans but I am trying to ascertain the validility of the agreements in place

and that regulations were adhered to.

 

any further comments would be appreciated.

[dx100uk]

I would say they are required to send annual statements

and if they don't/haven't, they cannot charge interest for the periods that they have not.

 

if this pre dates the rules change that requires they send statements annually, I'm not sure

 

but I bet, since the statement rule change change, they cant charge interest.

 

theres threads on this

but not specific to BH.

 

dx

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?230693-creditors-not-sending-statements

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?409518-More-loan-customers-could-be-in-line-for-refunds

[Baz1994]

Many thanks again dx for your replies.

Its very much appreciated.

 

I will have a read up on the above.

 

Therefore anything after October 2008 I may have a case.

 

In the meantime I have again gone back to Blackhorse requesting copies of annual statements as part of my original SAR

and will post up their response once received.

 

 

I have never received anything of the sort only a run of the mill statement of account since passed to Skye Loans Limited.

[Baz1994]

Just an up-date

- I still have not received a further response from BH regarding statement details.

 

I have today though now received a letter from Skye Loans Ltd stating a default balance on the account and if not paid they will add interest and fees to the account at the same rate as the loan.

 

I do not recognise the amount mentioned and they have not provided a breakdown.

 

Can anyone advise what letter I respond with disputing the amount and stopping fees being added ?

Is there a current letter used does anyone know ?

 

They also state that my home may be repossessed if I dont keep up woth repayments on the loan

 

Thank-you

 

I have attached edited letter details.

 

My OH is getting worried and whether she should contact them to increase payments.

 

Any advice as to what letter / template to send.

 

Thank-you

[dx100uk]

willy waving.

 

why not send skpe a CCA request

 

that could be entertaining.

 

dx

[Baz1994]

Yes might just do that lol.

 

What

about sending an Account in Dispute Letter or shall I forward CCA request first ?

[dx100uk]

send a CCA request

 

 

£1PO leave it blank

don't sign anything

 

 

dx

[Baz1994]

All done dx thanks.

 

Will post up response

[Guest]

dont send it 'recorded signed for'

[Baz1994]

Lol Ford, no I gonna send by pigeon

[Guest]

prob more reliable.

 

unless it goes awol and gets nicked

http://metro.co.uk/2015/05/30/pigeon-arrested-and-jailed-after-police-believe-its-a-pakistani-spy-5222224/

[Guest]

maybe, if it gets redirected to its call centre

[Baz1994]

:madgrin:

 

Cheers Ford

[Baz1994]

Hi dx

 

Well received the attached agreement details (edited) today from Skye Loans

- can only pressume that BH had contacted them.

The agreement number has been hand written on and the refrence number quoted on agreement is completely different ?

 

They also advised that it was unregulated

Does this mean that they did not have to submit any annual statements since 2008 ?

 

I am somewhat confused as later letter correspondences received from BH quotes Consumer Credit Act 1974

and that they are regulated by the FCA ? Registered number 661204.

 

Now we had a prior secured loan on a previous property with BH Finance in 2000

in which I have located the agreement stating that it is CCA regulated ?

This was settled in July 2001 as part of our new mortgage when we moved

and later that year we required some extra funds

or further advance for home improvements, hence the latest loan.

 

Are BlackHorse and Black Horse Finance a seperate entity ?

Were Blackhorse part of Lloyds TSB ?

 

Sorry for further questions but need some clarity from any experts on here thank-you.

[Guest]

is that the same as post #1?

 

re 28k? the con cred act used to apply up to 25k, until amendment/exceptions. cant remember the full details atm.

[Baz1994]

Yes Ford same agreement details received from both parties yet no terms & conditions again ?

 

Yes I think you are correct about the limit.

 

I am just concerned about the legality of the agreement as we had not dated it, BH did and they have written the relevant account number on the agreement and quoted another reference number ?

 

I have requested on a couple of occassions what this refrence number refers to but the refuse to provide an explanation.

[Guest]

second thoughts, maybe no limit, the 25k re being business. unless that was applicable at the time?

maybe re something else, check this partic re p3 'fsa regulated mortgages', second charge being regulated.

http://www.fieldfisher.com/media/1762852/Lending-to-individuals-203384921.PDF