Hi I have iti in writing from Black Horse Finance , they have confirmed that I had nothing to do with the loan application they have also sent in writing a letter confirming that hey will seeking to take the money from my ex's share , I have tried in vain to obtain the details of ccj from the court , I have seen a solicitor a few times and was told that the charging order is as stands , but it has since been cancelled by Black Horse finance when my solicitor suggested i contact Black , and suggest that they could not legally obtain the charging order using what they knew to be forged document , I think your right though i will be needing another visit to the solicitor...

Hi , no doubt the bank is entitled to my ex's share , but the bank no longer have a charging order against the property , they simply have an interest in where the money goes , I have read a little about Unilateral notices and while they are not supposed to effect the sale of the house i know that they do , as i am in the middle of trying to sell my house , I just wondered if Black Horse , could object in anyway if they were not happy with the amount of money they were going to receive , I mean it will not cover the loan , my ex has other assets i mean surly they could pursue him its his debt , he has a new home , re-married cars ect... seems unfair that they seem fixed on getting whats mine .. Your right i need ore information about unilateral notices ,

Hi back again .. First I must thank everyone who took the time to reply to my post about charging orders .. A very BIG thank you to 'SUNDERLAND ' the reply he posted gave me what could have been the best piece of advice i have ever had ... I feel I need to post a new thread as my situation has changed somewhat ... I will start at the beginning ... ( I will leave out the gory details ) In 2005 me and my then partner separated .... A few months later , I received a completed loan application form , the loan was for the sum of £10.000 , it was paid in full to my ex partner but the loan was in both our names , It turns out it was a secured loan against our home , my partner had forged my signature and that of a witness to obtain the loan I contacted the finance company(Black Horse) , and told them I had not signed the agreement .... After quite a few phone conversations with a young, very anxious employee ( who, I might add asked me to lie and say that i had signed the form as his job and our home was at risk ) I managed to get nowhere and decided to phone the police ... My ex was taken to court and was charged with fraud He was ordered to pay £25.00 per week My Ex did not pay ... I began to receive default notices , I again contacted the bank , This loan was nothing to do with me i did not take out any loan .. Years this went on ... the final letter i received was an order to sum of £ 26.000 ... Again i phoned Black Horse , this time i managed to get item to send me documentation that my name had been removed from the loan..... I received this , in the form a signed letter I thought this was the end of it all ... I wanted to sell the house and requested a copy of the land registry , it turns out that after y ex had defaulted on the loan payments 'Black Horse decided they would place a charge on my home , i was told that once the mortgage had been paid off then my ex's loan would be paid off if there was any equity left it would be divided between me and my ex , .. so at this present moment that amount would be a big fat £ 0.00 I was told this on more than one occasion , Then i saw a post on here that made me think " You need both owners signatures to get a secured loan... " Black Horse ltd had used the forged loan application to secure the charge .. . I phoned up once again , I mentioned this and two weeks later a letter from the land registry turned up on my mat ... The charge had been cancelled 'Yay'..... I read on, it had been cancelled , but was replaced with a unilateral notice I obtained both the charging order and the new Unilateral notice documents from the land registry . ..again the scanned documents attached to the documents were the forged document's both the same .... Can this happen , It seems a little strange that Black Horse finance can use document that are proven to be false , I am currently trying to remove the notice , but don't really understand the effect the notice has .... Black Horse have advised me that When the house is sold , they will have some say in where the money goes , I will get my share and my ex's share will go to Black horse ... I am confused as to whether The bank has any say in how much they will accept , if my ex's share is not half of the equity or if it is not enough to pay of the loan does the bank have a right to refuse the sale or refuse to remove the order I have been paying the mortgage for 10 years , on my own i have been told my partners share will be very little there are other factors when determining his share in the house ....kids , none payment of child support ect ... I am asking for any advice about this situation but am interested to know more about Unilateral Notices ...Thanks to all

trying to type on my phone ...please excuse the mistakes xx

Ok ... Months of phone calls and reading , but i think maybe i am starting to get get some where .... maybe a recap is in order ... In 2005 I seperated from my husband , shortly after a received a letter through the door , it was a loan agreement in my name ( I had not taken out a loan ) ALARM BELLS I contacted the bank ( Black Horse finance) The loan was taken out in my name by my ex partner against my knowledge My ex partner was taken to court and was convicted of fraud ( he was ordered to pay the loan off in weekly instalments ) He did not make the payment he defaulted on the loan Black Horse finance managed to place a charge on our once shared home I have managed to get this charging order removed from the property I seems Black Horse finance used the forged document to obtain the charge ( they knew this when the applied for the charging order as this was prior to the court case ) I mentioned this to them while on the telephone to them , one week later , after almost for years of trying to get my head around the situation the removed the charging order and sent me a letter stating that they will be taking only my ex partners share of any equity in the house .... GREAT NEWS Or so I thought ... I have recently received a letter from the land registry stating that the charging order on my property has been removed , cancelled by Black Horse finance , but now in its place is a unilateral notice ... I have sent for the documents from the land registry both the charge and the unilateral notice both seem to been placed using the forged document as grounds ... AArrgg ...can anyone help , I am at my wits end at this point and ready to give up , what is a unilateral notice and do Black Horse finance (who have caused me nothing but grief over the last 10 years) have the power to place this notice given the way the original loan was obtained .... yet again i am in limbo , All I want to do is walk away from this with what is mine i have struggled for 10 years to pay the mortgage and really hate to give up at a the last hurdle I want to sell the property and just move on . ..but after all the grief i would kick myself if i was to loose out on what is mine and the kids .... Any advice would be great ...

Hi .I was never informed about the ccj.

I have never altered the ccj as I Cannot seem to obtain a copy (I keep trying ) . I was not informed that my ex was to appear in court as he went awol for a few years and never made contact . I had no information from black horse either. They are very unhelpful and told me that the debt would be paid before any of us get any money from the sale. Is there another way to get a copy of the ccj other than from the bank .

Hi ...my ex partner obtained a secured loan ( he did this while we together without my knowledge) . I only found out about it after we split as I started receiving default notices .... I asked for a copy of the loan application that is when I realised he had forged my signature to get it. The charging order was registered on two separate dates so I am assuming that it must have been altered when my ex was charged with fraud. My name was removed from the loan after my ex went to court . I have a mortgage and yes it is in both are names. I have been paying by myself for the last eight years . Sorry if this is vague but the more info I get the more confusing it all is . I have just instructed that I should be able to get a copy of the charging order as the house and mortgage is in both mine and my ex partners name. Thanks for your reply though .

Hi sorry I was a little unsure about the restriction . But yes it is registered as a restriction I have just got a copy of the land register and am still trying to get my head around it. Can I ask how the charging order can be removed and under what circumstances please . Again any info would be a help.

I'm really at kind of a loss at where to turn to on this matter . And have sought as advice from various places and had some very confusing answers as to where I stand legally in regards to a charge from black horse finance against my home. About 9 years ago I split with my ex partner , after the break up I remained with my two children in our home . A few months after the break up I received a loan application copy as I read through the document I noticed that my signature had be forged to obtain a £12k loan and the loan was in mine and my ex partners name . Alarm bells began to ring and I contacted black horse finance and asked as about the loan n told them I did not sign the agreement and I had nothing to do with the loan . I was fobbed off . I asked my ex about the loan and was told nothing . That's when the default letters began to arrive in my name as nd my ex partners name I was advised to call the police who accused my partner of fraud. Then my ex did a vanishing act and would not communicate with . I found out that black horse took my partner to court and he was convicted of fraud . I Cannot seem to find much else out about the court case or what happened. Just that my name had been removed from the debt. we get to the present day and due to a an over crowded home I was looking into selling the property as I cannot seem to talk to my ex I requested a copy of the land registry and noticed a charge on the property from black horse Ltd this was placed on the property due to a court judgement. The last default letter from black horse was for £26k and that was in 2005 I am really worried as I have been informed by black horse that when the house is sold the original mortgage the one I have been paying for 8years will be paid off , after that black horse will take their money and whatever is remaining will be given to me and the kids , here is the problem I don't know how much the charge is now I have since been told that court costs were added an I am sure there will not be enough equity to pay the mortgage and the debt. It seems to me that I am being punished for my ex partners actions and he gets a slap on the wrist and I have spent th e past 8 years paying off his debt. I have tried to get information about the charge but as it is my partners debt black horse will not discuss this with me. Is this the case can black horse get the money my ex owes from my share of the equity. Any advice would be greatly appreciated

After a split with my partner in 2005 i received a letter through the door which turned out to be a loan agreement , the loan appeared to be in my name and that of my ex partner . After looking into the agreement i tuned out my ex had managed to obtain a loan in both my name and his against our home . It tuned out that my ex had signed my name to a loan without my consent . It all went to court and my partner was convicted of fraud and my name was removed from the loan . I recently found out that a charging order was placed on my home as a result of this court case , It appears on the land registry as a mortgage in both mine and my ex 's name , I am a little confused about the whole thing , i have tried to get information on the charging order but cannot seem to do so as the bank states they cannot discuss the debt or the amount the charging order is for with me as the debt is in my ex partners name . I have been managing to pay the mortgage myself for the last eight years and am am just a bit worried to say the least that i have struggled to meet the payments on the mortgage so the equity it seems can go towards paying of my ex partners debts . ...seems a little unfair ...:- Any help understanding charging orders would be a great help ..... Does any one know how i can obtain info on the judgement for the charging order