BlackHorse Secured Loan now with Skye Loans Limited

[Debt Camel]

Re: BlackHorse Secured Loan now with Skye Loans Limited

So therefore is the loan / mortgage not regulated ?

How about you start at the beginning and say when you took the original second mortgage out, how much is was for, who it was with?

Have you any reason to think it was or was not regulated?

So you have never received a notice of assignment from Black Horse? What did the final documents from the SAR show?

Have you any reason to think the current balance and calculation of arrears is incorrect?

[Bazza]

Re: BlackHorse Secured Loan now with Skye Loans Limited

How about you start at the beginning and say when you took the original second mortgage out, how much is was for, who it was with?

Have you any reason to think it was or was not regulated?

So you have never received a notice of assignment from Black Horse? What did the final documents from the SAR show?

Have you any reason to think the current balance and calculation of arrears is incorrect?

Thanks Debt Camel for your comments.

The original Secured Loan / 2nd Mortgage was for £28,000 with BlackHorse in which was FSA regulated at the time but not CCA 1974 (2006).

Previous sporadic default letters from BlackHorse state that notice served under the Consumer Credit Act 1974, Section 87(1) ? Overdue amount stated but no breakdown, even when requested or notice of arrears statements ?

Payments with Skye Loans up-to date.

We never received a notice of assignment as such from BlackHorse, just a letter advising that account has been transferred. Also the same from Skye Loans. Should this have also been stated in any Terms & Conditions ?

We are only disputing the fact that notice of arrears was not fully addressed at the time and when requested breakdown (any missed payments / interest / fees), none was forthcoming.

[Bazza]

Re: BlackHorse Secured Loan now with Skye Loans Limited

If the accounts were transferred that there should be a proper record of the transfer of " business " between entity A original owner and entity be the recipient of the transferred business,
An enquiry to companies house may help, not my field Baz but the companies div of the High Court may have been involved.

nem

OK thanks nem for your time.

I have already submitted SAR to Skye Loans and will follow-up with BlackHorse again.

Should the letter from both parties be headed up 'notice of assignment' ? I cannot find anything in the mortgage booklet provided stating that company A can transfer loan to company B.

[nemesis45]

Re: BlackHorse Secured Loan now with Skye Loans Limited

OK thanks nem for your time.

I have already submitted SAR to Skye Loans and will follow-up with BlackHorse again.

Should the letter from both parties be headed up 'notice of assignment' ? I cannot find anything in the mortgage booklet provided stating that company A can transfer loan to company B.

NOA's take many forms and can be sent by the creditor and/ or its successors.

It may in the form of " an introduction " to the new " owner " or a more formal letter.

em

[Bazza]

Re: BlackHorse Secured Loan now with Skye Loans Limited

NOA's take many forms and can be sent by the creditor and/ or its successors.

It may in the form of " an introduction " to the new " owner " or a more formal letter.

em

Thanks again nem.

I will request further details from both parties for clarity.

Bazza

[Bazza]

Re: BlackHorse Secured Loan now with Skye Loans Limited

We have today received another letter from Skye Loans Ltd requesting submission of I & E details, including 3 months pay-slips and 3 months bank statements, in order to enter and consider negotiated settlement of arrears ?

Am I correct in saying that we are under no obligation to provide details and is not a matter of law ?

[nemesis45]

Re: BlackHorse Secured Loan now with Skye Loans Limited

We have today received another letter from Skye Loans Ltd requesting submission of I & E details, including 3 months pay-slips and 3 months bank statements, in order to enter and consider negotiated settlement of arrears ?

Am I correct in saying that we are under no obligation to provide details and is not a matter of law ?

No obligation whatsoever unless ordered so to do by a court.

Answer is I will tell you what I can afford to pay without causing hardship to myself and my family here's my offer (if you intend making one).

nem

[Bazza]

Re: BlackHorse Secured Loan now with Skye Loans Limited

No obligation whatsoever unless ordered so to do by a court.

Answer is I will tell you what I can afford to pay without causing hardship to myself and my family here's my offer (if you intend making one).

nem

Thank-you nem for your time again.

I will hang-fire for now, until responses received to further letters and Subject Access Request.

[Bazza]

Re: BlackHorse Secured Loan now with Skye Loans Limited

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 can they still pursue sale of property as see that they have been enquiring about equity that we may have. I have found 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 :shocked:

No Skye Abbreviation Guide to Comments submitted but have now requested them.

? 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 I want to respond with as much detail as soon as possible once response received and now becoming rather worried with their bullying tac-tics.

[Bazza]

Re: BlackHorse Secured Loan now with Skye Loans Limited

:bump::bump: anyone thank-you

[Bazza]

Re: BlackHorse Secured Loan now with Skye Loans Limited

The fact that they are threatening court action, you should still take it seirously, but in my opinion, I would never hand over any bank statements to a debt collector/purchaser. A budget sheet would be sufficient to show your outgoings and what you can afford.

If you have already made a complaint then perhaps you should start looking at a complaint to the Ombudsman as soon as possible. Alternatively, you could bat back a letter outlining a complaint if you have not made one officially, and we could reference the relevant FCA Rules and that as they are regulated b ythe FCA they must comply, failure to do so then you will bring the letter to the courts attention in relation to their unreasonable conduct.

And of course if they haven't provided the information and chosen to ignore and instead harass you then I guess that goes against the industry codes of practice (if there is one) and potentially harrassment too.

Further to your kind comments R0b, please could you or anyone reference appropriate FCA Rules that may apply for complaint to Ombudsman. I just want to be prepared once final response received from Skye (suggested date now 24th August).

And any help re post # 54 would be appreciated.

Thanks for your time.

[R0b]

Re: BlackHorse Secured Loan now with Skye Loans Limited

Hi Bazza,

I've tagged [MENTION=6]Amethyst[/MENTION], [MENTION=55034]nemesis45[/MENTION] to help out with post 54.

As for the FCA rules, there could be several you could refer to but the common ones that are most important I think and possibly most relevant are CONC 7.2, 7.3, 7.4, 7.5 and 7.12 (https://www.handbook.fca.org.uk/handbook/CONC/)

You may have to read those sections and make highlight any particular ones which you think applies.

[nemesis45]

Re: BlackHorse Secured Loan now with Skye Loans Limited

Hi Bazza,

I've tagged @Amethyst, @nemesis45 to help out with post 54.

As for the FCA rules, there could be several you could refer to but the common ones that are most important I think and possibly most relevant are CONC 7.2, 7.3, 7.4, 7.5 and 7.12 (https://www.handbook.fca.org.uk/handbook/CONC/)

You may have to read those sections and make highlight any particular ones which you think applies.

Thanks [MENTION=71570]R0b[/MENTION] Reading through your suggested FCA CONC I think you have hit the nail on the head.

nem

[Bazza]

Re: BlackHorse Secured Loan now with Skye Loans Limited

Many thanks R0b and will have a look.

[Bazza]

Re: BlackHorse Secured Loan now with Skye Loans Limited

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.