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Black Horse Loan Has Wrong Person Named On Agreement And With My Signature.

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  • Black Horse Loan Has Wrong Person Named On Agreement And With My Signature.

    Hello all.

    I would greatly appreciate any guidance on this as its stressing me out beyond words.
    My health is not fantastic at the moment and i am having to take numerous medications.

    In Sept 2005 i had some windows from Crystal windows.

    The man who came to do the financial forms etc asked if any one was on the mortgage with me, and i told him my Mother was, he took her details and address, saying it was his companies policy to do so.

    I made it quite clear to him that my Mother had nothing to do with the loan.
    She does not live with me, but somewhere else.

    The loan agreement went through and the windows were done. I received letters from Black Horse and they had my Mothers name on, so i contacted them to be told the loan was in my Mother's name!

    I asked them how that was possible when i had signed and filled in the forms. But they would not have it. So i took all the paperwork i had to their local office, and they said they would sort it out. They never did and the office closed down.
    This was 8 years ago and the problem is still going on.


    I have been paying the loan from my bank, since then. Even though it is in my Mother's name.

    Recently i was hospitalised with a suspected Brain Tumour and was off work for 6 weeks and was unable to pay this loan, so they have sent a letter saying they will put a default on my Mothers credit report. She is elderly and very upset by all this.

    I have repeatedly contacted Black Horse, and both my Mother and i have sent in copies of our signatures and my paperwork.
    They sent me back paperwork for the loan that is quite different from my copies.
    they still insist my Mother took out the loan!

    I contacted Crystal Windows to see if they could help. I was told that the loan did go through in my name with my paperwork, but was refused, then put through in my Mothers name! How can they do that! My Mother did not sign anything!

    It would seem the man who did the papers, afraid he would lose his commission,
    put the papers through in my Mother's name, and changed the initial in front of my signature to match my mother's name. We share the same surname.

    I asked for contact details for the man that came but was told they had none for him as it was over 6 years ago.

    Black Horse want me to report it to the police but i have no name or details for this man.

    Also it is clear this man forged the forms, as Black Horse have copies of 2 direct debit mandates, one in my name, signed and filled in by me, and another with my Mother's name and filled in by someone else, not by my Mother, with my bank details. It is quite plain to see the writing is nothing like mine.

    This is becoming a nightmare, as the loan is mine, with my signature, and my address but with my mother's name.

    Can i go to court and have this cancelled as non executable as the details are all wrong?

    And would i have to do it as i signed for the loan, or my Mother as her name is on it?

    Many thanks.
    Tags: None

  • #2
    Re: Black Horse Loan Has Wrong Person Named On Agreement And With My Signature.

    So the loan agreement they are saying is valid, is one in your mother's name, but signed by you, and your mother was at no time present during the discussions and did not sign anything, or read anything, or basically know about anything. It is fraud, so yes the police should be contacted.

    What is Black Horse saying they will do about it now? Have they put the case on hold while this is sorted out ?
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      Re: Black Horse Loan Has Wrong Person Named On Agreement And With My Signature.

      Is this the company http://www.crystalwindows.co.uk/ ?
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #4
        Re: Black Horse Loan Has Wrong Person Named On Agreement And With My Signature.

        Hello Amethyst,

        many thanks for your reply, its greatly appreciated.

        Yes at no time was my Mother present. I signed and filled in the financial agreement in my home, with the man from Crystal Windows.

        I contacted Crystal Windows for name and contact details of their rep, so i could report it to the police, but they said they did not have any information, as it was over 6 years ago!

        So i have no details to report it to the police.

        Black horse are still sending letters asking for full payment of the charges they have now put on the account, and have said they will put a default notice on my mothers credit file.

        They have my mother's signature as she sent them copies and her passport, and they can see it is not the one on the credit agreement.

        As they insist it is my mother's loan agreement would they be liable to pay back to me all my payments and charges? As they would have accepted money from me knowing the loan is in my Mother''s name, as they claim?

        Many thanks.

        Comment


        • #5
          Re: Black Horse Loan Has Wrong Person Named On Agreement And With My Signature.

          Still report it to the police, regardless - the police have ways of finding out this information, plus I believe the company would have some liability. Really I think the fraud is against your mother so it may be she that needs to report it but if you speak to the police explain everything to them and that it has just come out what happened they should be able to offer some guidance in that respect. You should also be able to use the ID fraud to contact the Credit Reference Agencies regarding any markers being placed from Black Horse.

          Did you say you had sent a full Subject Access Request to Black Horse ? If not, I would suggest both you and your mother do so as soon as poss, you already have copies of the credit agreements. If you can upload those that would be good, as well as Black Horses letters. You need to make a formal complaint (both of you) to Black Horse, and tell them you will take it to the Financial Ombudsman.

          If you give the Financial Ombudsman a call, they are usually quite helpful, and although they won't be able to do anything yet, as they have to wait till you have exhausted the formal complaint process with Black Horse they should be able to give you some idea of a potential outcome.
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          Comment


          • #6
            Re: Black Horse Loan Has Wrong Person Named On Agreement And With My Signature.

            to be enforceable, there must be an agreement (pre 2007) containing the prescribed terms, signed by the debtor.
            I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

            If you need to contact me please email me on Pt@roachpittis.co.uk .

            I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

            You can also follow my blog on consumer credit here.

            Comment


            • #7
              Re: Black Horse Loan Has Wrong Person Named On Agreement And With My Signature.

              and id also have to ask, when the contract was concluded was your mother anywhere near by? could she have signed the agreement? or do you have proof such as to say she was 500 miles away doing xxxxxxx? if you can prove your mother wasnt there, then it seems BH have a small problem with this
              I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

              If you need to contact me please email me on Pt@roachpittis.co.uk .

              I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

              You can also follow my blog on consumer credit here.

              Comment


              • #8
                Re: Black Horse Loan Has Wrong Person Named On Agreement And With My Signature.

                Hello PT2537, many thanks for your replies. I really do appreciate it.

                There is no agreement (pre 2007) containing the prescribed terms, signed by the debtor, my Mother.

                Also looking at the document i have, it is the carbon copy of what Black Horse has sent to me, with slight differences. And looking at this form none of it is in my own handwriting! The only thing on there that i wrote was my signature!

                Also what is strange, is that being the carbon copy, you would think that what was on the copy sent to me, by Black Horse would be on my carbon copy, but it is not. Some things are missing off my carbon copy, which makes me think that someone has been fiddling with paperwork!

                It has been filled out by someone else. Also the print is so feint you can hardly see anything.This is the only document that was given to me.

                Also where it says customer on copy from Black Horse it shows my Mothers name and my address. But also on the same page where it says customer details it has my Mother's address and her employment details.

                On the bottom of the form it says customer's first copy. This is the only document i was ever given.

                Comment


                • #9
                  Re: Black Horse Loan Has Wrong Person Named On Agreement And With My Signature.

                  I have just found a letter from Crystal Windows addressed to me, and in my name, with the contract number, advising me that because my order was reduced, they will be issuing me with a cheque for the balance in my name, on receipt of the funds from Black Horse. They did this and the funds were put into my bank account.

                  This shows that i was the customer and not my Mother!

                  I forgot to add to previous message, my Mother lives an hours drive away from me and is still working. She would have been at work on the day i signed the credit agreement.

                  Comment

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