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Blackhorse

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  • Blackhorse

    Blackhorse wanted to reposses our house in 2006 and we counterclaimed against them regarding the PPI which took 2 years to get to court, 6 weeks before the court date we wrote to blackhorse head office in cardiff asking for a true copy of our orignal credit agreement which we recieved aweek before the court date and we noticed on the credit agreement that the lender had NOT signed the agreement only us the borrowers ,we were told by our solictor who was a no win no fee PPI solictor to bring it up in court,anyway the friday before the start of the court hearing (which was starting the following monday) we recieved the court bundle from blackhorse inhouse solictors SCM and we saw the credit agreement was then signed.
    we brought it up in court that we had a copy of our true orignal credit agreement that we had requested from their head office only weeks before and that it was unsigned by them but the one in the court bundle from their inhouse solictors was signed ,the judge agreed to add it to the case but would be unable to us it as eviendance ,the barrister for blackhorse screamed and shouted that they were being ambushed.
    anyway we lost the PPI case but the judge refused to allow blackhorse repossion of the house or for us to pay the £4,000 court fees that BH wanted us to pay with 28 days and referred us back to the district judge.

    We went back to the judge every few months on the request of the judge, Blackhorse said they had dropped the repossion and now only wanted payments ,but the judge would not grand this till the unsigned agreement was sorted.
    The last time blackhorse were in court september time the judge wanted to know about the unsigned agreement and gave the next date for november well they never turned up and the judge was not happy so he said he would write to them and tell them they needed to reply to the court by 4th january this year which they did`nt so the case was struck out we have wrote to blackhorse but they have ignored us.

    What we want help /advice is where do we go from here as there is a unsigned agreement ,and we want this sorted because blackhorse we are sure will come back again in a couple of years time and start another case against us ,so we want to clear this debt up so we know were we stand IE have it withdrawn/written off ect ,so we aleast know were we stand.
    The fact that blackhorse never turned up the last 2 times or even replied to us regarding this make you wonder what they are hiding ,we got a SAR of thm and that included the unsigned agreement


    I have also read in several places "In order for a contract to be legally binding, it must be signed by both you and the creditor."
    Tags: None

  • #2
    Re: Blackhorse

    I can't advise on the court proceedings and the striking off I'm afraid.

    What you have read about it being signed by both parties is true - it makes it unenforceable at the moment, but there is other evidence to show that you agreed to the contract through your repayments etc... so I wouldn't advise the unenforceability route unless you get advice from a legal expert in this area.

    Comment


    • #3
      Re: Blackhorse

      Originally posted by Caspar View Post
      I can't advise on the court proceedings and the striking off I'm afraid.

      What you have read about it being signed by both parties is true - it makes it unenforceable at the moment, but there is other evidence to show that you agreed to the contract through your repayments etc... so I wouldn't advise the unenforceability route unless you get advice from a legal expert in this area.
      Good points ref unenforceability Caspar.

      Comment


      • #4
        Re: Blackhorse

        thanks for your reply.
        we have not made any payments since 2007-2008 and def not since we found out they had not signed.
        we went and got legal advice once before and the soilictor was only interested in the repossion and thats put us off, cost us nearly 1000 pound for useless info.
        would it be worth taking a trip to local CAB offices

        Comment

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