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

[dx100uk]

simply a trading name of the parent CO.

as explained earlier

 

 

dx

[Baz1994]

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

[dx100uk]

nope they cant change anything.

 

 

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

strange it has a hand written AC number

[Baz1994]

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.

[dx100uk]

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

[Baz1994]

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 ?

[Baz1994]

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

[Baz1994]

anyone thanks

[martin2006]

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

[Baz1994]

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.

[martin2006]

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

[Baz1994]

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:

[Baz1994]

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.

[Baz1994]

Anyone thanks

[martin2006]

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?

[Baz1994]

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.

[dx100uk]

they would need permission

[Baz1994]

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.

[martin2006]

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

[dx100uk]

thank martin2006 sorry my bad

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

interesting...

[martin2006]

DPA probably, they would not be allowed to divulge information in case it breached DPA.

 

As 2nd lender tho would they only need to check the lenders credit file to find out how much was owing on the mortgage?, then work out what house was worth to see if repo was a viable option.

 

I only ask as i dont know what a lender can or cant see when doing a credit check, can they see the accounts as you or i would see our own say via noddle/clearscore?

[dx100uk]

and the rest we cant see too!!

 

 

dx

[martin2006]

and the rest we cant see too!!

 

 

dx

 

well yes, that would make sense

[Baz1994]

OK many thanks for comments and clarification.

 

Hence why I mentioned details from main lender refusing request from Skye as wasn't sure where we stood.

 

We are quite happy to negotiate increased payments if arrears are proven but not happy with Skye's request for bank statements, as feel this is private and confidential.

 

We have no problem submitting I & E and payslips.

 

and nothing in T & C's regarding sale of loan / mortgage to another company, so does this not matter ?

 

Also should all T & C's conditions be transferred over ? Skye do not seem to include any rebate of interest payable on their early redemption statements, where as BH did.

[Baz1994]

Today received a further response to our SAR from Skye.

 

Now what concerns me is the comments regarding the bullying conversation details with my OH. She was told it was being recorded.

 

The details received with SAR were only scratchpad / typed notes whilst the person concerned was discussing with OH. So I requested actual conversation recording / or detailed transcript.

 

I have already an ongoing complaint with Skye regarding distress caused to OH and other issues in which is still being investigated.

 

Do I wait for the outcome or do I again request further re SAR ? Or do I refer now to the FCA / Ombudsman ?

 

I can assure you the actual conversation was awful for my OH and had her in tears. Suggesting taking in a lodger / renting room out, selling the house, getting a second job and threats etc. Surely they cannot get away with talking to people like this and something needs to be done urgently.

 

Is there other guidelines regarding this that they should be abiding to ? If so please can someone kindly advise link what would apply so I can address as soon as possible as Skye seem to pressurise the circumstances without any understanding.

 

I have attached SAR further response from Skye.

 

Thank-you for your help.