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Blackhorse....LONG STORY


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Thank you jansus

 

Is your solicitor going to bring up about the times when the DD were not taken when there were sufficient funds?

 

Yes this is all in the statement as well

 

Mind you if there is any justice the whole loan should be wiped off

 

Yes agree and it would be nice ,our solictor has mentioned about going for it to be wiped out and to get all cost ect back ,we should find out hopefully some time next week what sort of figure our solictor is going for and also the judge wanted blackhorses defence done by the 7th of jan,so we should get a copy of that from our solictor in the next week to 10 days.

the judge wanted their defence by the 23rd dec ,but the blackhorse solictor said it never gave them enought time ,the judge thought that was quiet funny and smiled at me and hubby and said oh really ,well make it the 7th then.

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We have been informed today by our solictor that the court date of the 23rd Jan has been cancelled because blackhorse wanted more time.

 

Our solictor said that they have agreed to give them until the 15th Jan to have their defence ready and have informed the court that they have come to this agreement and that it is blackhorse who have asked for the extension.

 

What will happen then is that our solictor and our selfs will go threw their defence and pick up on anything that is not correct ect and go back and forth with blackhorse.

Our solictor has given them a time line to stick to ,so we will proberly be looking at feb/march time to go back to court now but our solictor did say the next court date would be the final one.

 

He also said he was not happy that blackhorse are still saying possession on the forums ,as it is not that now but a PPI hearing instead.

 

Our solictor said he was happy with blackhorse asking for more time as it shows we have a good case,but we will wait and see what happens.

 

Fingers still tightly crossed

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I agree there would be nothing worse thhan them only producing more "documents " or "evidence" just before the hearing so that you did not have time to investigat their defence more.

 

Shame that things are dragging on but if you get the right result it will be worth while.

 

Not looking good for them that they can not lay their hands on all the relevant defence documants straight away;)

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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did they produce the documents?

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Hi Jansus

 

Well funny you ask that because only a hour ago we had the following email from our solictor.

 

YOUR CLAIM

 

I have now received proposals from the solicitors for Blackhorse who require a stay of the claim for 28 days to allow parties to discuss a possible settlement of your claim.

 

I have agreed to this stay as it is important to discuss every possible settlement opportunity.

 

There is now no need to attend court and I will let you know of any proposals they have in mind as soon as I hear anything further.

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WHOOPEE!

 

Looks good more good news- Fingers crossed!:D

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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  • 3 months later...

Hi

 

was the outcome good?

 

Just that I have a similar case that needs help.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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  • 2 weeks later...

Hi Jansus

 

well its still all on going,blackhorse have been pain in the butts.

They have refused to answer a questionaire from our solictor and have moaned about paying our solictor fees if they lose.

 

They have made very small offers of compensation and offered to reduce the interest rate to zero ,But would relook at it in 12 months time ,so would sure put interest back on in 12 mts time.

 

Our solictor had to arrange a court conference meeting with Blackhorse solictors and the judge to get them to answer the questionaire and to pass over paperwork and other info that our solictor has asked for ,because Blackhorse were not willing to pass over stuff.

The meeting happened last friday and we will be speaking to our solictor on monday ,but he did email us to say that it had been agreed and we recieved a court paper yesterday outlining future dates that both parties have to have certain things passed over and done by.

 

If both parties do not come to a agreement to settle the claim then it will go to a 2 day trial....which has been set for between the 22-26th march 2010.

 

So we could be looking at next year before this is finally settled,but in the mean time we still do not have to make any payments.

 

Our solictor is also claiming back for our PPI on our 2 personal loans that we had before this secured loan,of course blackhorse were not happy about that either.

 

Our solictor has also sorted out insurance for the case so either way if we win or lose we do not end up paying any fees.

 

Will keep you updated on any other news we get in the future

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Unfortunate that things are taking so long - you would think that this would be a fairly straight forward action of them just producing documents that they should have on their records.Just shows that they are on the backfoot.

 

Sounds like you have a good solicitor and the insurance sounds like a good idea .

 

Keep in touch, and I hope things get sorted sooner rather than later and in your favour:)

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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  • 2 weeks later...

I had a loan with Blackhorse secured on the house. When I came to re-mortgage the solicitors found that they hadn't even registered it! So I could have not paid it and they wouldn't have been able to claim. The upshot was they tried to get us to register it later and pay and it held up the mortgage by 6 weeks! After finally sorting it out and having to increase the new mortgage to pay it of we decided never to take out a loan with them again. We are still receiving flyers about loans 3 years later but I just recycle them in the bin!!

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i have had problems with this lot we had a repo hearing last month , we ended up getting a suspended possession order , but were told at the hearing that the interest had been frozen so whatever we paid from now on came off the balance, then we recieved a letter saying that they were going to be charging us interest on the amount that was left owing and that they were allowed to do this, i wrote to them and explained what was said at the hearing but they denied it so im going to look into it further

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You can ask the court for a transcript of the hearing.

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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  • 1 month later...
Hi Jansus

 

well its still all on going,blackhorse have been pain in the butts.

They have refused to answer a questionaire from our solictor and have moaned about paying our solictor fees if they lose.

 

They have made very small offers of compensation and offered to reduce the interest rate to zero ,But would relook at it in 12 months time ,so would sure put interest back on in 12 mts time.

 

Our solictor had to arrange a court conference meeting with Blackhorse solictors and the judge to get them to answer the questionaire and to pass over paperwork and other info that our solictor has asked for ,because Blackhorse were not willing to pass over stuff.

The meeting happened last friday and we will be speaking to our solictor on monday ,but he did email us to say that it had been agreed and we recieved a court paper yesterday outlining future dates that both parties have to have certain things passed over and done by.

 

If both parties do not come to a agreement to settle the claim then it will go to a 2 day trial....which has been set for between the 22-26th march 2010.

 

So we could be looking at next year before this is finally settled,but in the mean time we still do not have to make any payments.

 

Our solictor is also claiming back for our PPI on our 2 personal loans that we had before this secured loan,of course blackhorse were not happy about that either.

 

Our solictor has also sorted out insurance for the case so either way if we win or lose we do not end up paying any fees.

 

Will keep you updated on any other news we get in the future

 

Hi suggs,

I'm having problems with blackhorse myself, & have hit a problem about limitation period to claim.

you have said your solicitor is claiming the PPI on 2 previous loans were these loans paid up over 6 years ago.

I would be really greatfull for a response which would hopefully help my case.

Edited by masmit
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  • 4 weeks later...

Hi ,I thought i would give you the latest update....

 

Are solictor and blackhorse have exchanged requested paper work set out by the court but did ask for an extension of one week that our solictor agreed to.

 

Then the witness statements had to be exchanged by the 17th July blackhorse again requested a extra week which are solictor agreed to so they had until the 24th july anyway today blackhorse again requested a further extension to the 31st July and we have said No.

So are solictor is doing a application at court to make them comply.

If it was the other way around Blackhorse would have been in court straight away.

 

My husband spoke to are solictor today and he told him the application hearing could take anything between 4 - 8 weeks but the court could/would give them 7-14 days to send witness statments and if they still did not comply the case could be thrown out and blackhorse lose.

 

So we will see what happens next.

They just seem to keep coming up with more and more delays ect and then have known for a couple of months now when witness statments had to be exchange by as they agreed to the court order in the first place.

 

We also found out from are solictor that he is now dealing with the third yes third blackhorse in house solictor ,they seem to be passing the case from one to another LOL

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thanks for the update sorry it is taking so long - but I guess it looks like you are making them work hard!

 

You would not think it would take so long to get some basic paperwork together would you.

 

I will still be watching with interest

 

J

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Can't believe it's taking so long for Black Horse to get their act together!!

 

It sounds as though your chances are great - good luck & don't forget to keep us in the picture :)

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Yes unbelieveable is`nt it ,seeing as the knew the dates,but like you say hopefully we are in with a chance we just have to wait and see.

 

Of course i will keep you all updated with any news.

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  • 5 weeks later...

Here is the lastest ....

 

Blackhorse finally came up with the witness statement two week late.

But what a joke they had got the manager of the local office to fill it out saying she had taken us for the loan ,we knew straight away this was incorrect as the girl who took us was in her late 20`s early 30`s and this woment was in her late 40`s ,plus the signuture on the credit agreement was not signed by this manager but someone else which of course would have been the girl who took us for the loan.

There was other bits and pieces in the statement which were untrue like them saying they had given us nearly 3,000 pounds and we can prove this is not true by bank statements ect.

so it now back bouncing between the 2 soilctors and we again await the next step.

It really is dragging on and on and if blackhorse do not come clean then we have to wait till next march to go to court

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Hi again.

 

So at this stage you are just using solicitors to dispute the facts rather than let them make fools of themselves in court?

 

You must be really fed up that it has taken this long and you have had to go to these lengths.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Hi Jansus,

 

Yes the court has set the date as next march so there is not alot we can really do until then except let the 2 solictors fight it out between them.

 

Yes its a really pain thats it dragging on so long ,but just praying that it does fall in our favour at the end of it

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  • 5 months later...

Latest news regarding our case....

 

Its not good news are barrister has pulled out at this late stage saying that because the manager of the local office wrote the witness statement saying she took us for the loan (which she never did) that our barrister is going to believe her over us.

 

Our solictor has said he is shocked and can`t beleive the barrister had no balls ,but with out the barrister he might have to drop the case himself our solictors knows that blackhorse is lieing ,but with out the barrister he is stuck he said that he was going to try and get another barrister but was`nt hopefully.

 

so with only weeks to go it looks like Blackhorse could win this.

The only other thing we can do is go to court are selfs BUT if we lose we would end up with a large court fee for both us and from blackhorse and then we could not afford to pay that as well as the loan and so lose our house.

I feel totally sick after everything we have been threw ect and at this late stage it all falls apart we were due in court 22-23 march

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oh no.Dont really know what to say . It is a real predicament.

 

Hope someone here can help you more than me.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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I have a question and was wondering if anyone can help answer it....

 

when we took out the loan we were paying 174 a month on top of the loan for thier PPI ,when we found we could not claim on it we cancelled it,But blackhorse only took off 109 when i asked why they said they had to rework the loan now my question is if they reworked the loan and we NEVER signed a new credit agreement does it make it unenforceable ?

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