Banging my head against a brick wall

loobylooireland

That is exactly how I feel with Blackhorse!
I have posted on these forums before about my frustations with them and the saga just continues, but my problems have escalated with them because they are taking us to court tomorrow for repossession of our home.
We have a loan with them which is secured on our house. My husband was self-employed in the construction business but was declared bankrupt last year. We had fallen into arears with Blackhorse due to trying to juggle money around, pay 3 employees etc. They wrote to me in october last year regarding the arears and stated that we should start making the monthly payments again. When I asked their solicitors how they were going to deal with the arears they couldn't tell me but told me to contact Blackhorse myself. When I eventually got speaking to someone who was supposed to be looking after our case in the Cardiff office she just referred me back to their solicitors. This is the merry-go-round that is Blackhorse! No-one can give you answers!
They have now sent us court papers for tomorrow and I have consulted a solicitor, who is trying to correspond with Blackhorse's solicitors, but he can't get anybody either who is prepared to negotiate or speak to him.
We were also sold ppi when we took out the loan which is of no use to us as when my husband tried to claim on it last year when he was sick he was told sorry you are self-employed you are not covered!
But I hold an ace card, or so I have been told. When I asked for a copy of our original agreement back in October I was sent it along with 5 other peoples details including copies of loan agreements, bankruptcy details, arears letters, names and addresses etc. I need to be moving fast as solicitor is getting nowhere with them. Should I TRY and contact someone in Blackhorse and bargain with them because of the information that I hold? Does anyone think that I could get case removed from court listings at this late stage?
I have just come of the phone again to my solicitor and he has finally been able to speak to Blackhorses solicitor and they have said no you cant have an ajornment because of the levels of the arears. Should I hit them now with the above breachs of the datat protection act and tell them they can have documents returned to them once they are prepared to negotiate.

RAS

loobylooireland wrote: »

We were also sold ppi when we took out the loan which is of no use to us as when my husband tried to claim on it last year when he was sick he was told sorry you are self-employed you are not covered!

Do you have any idea how much money you paid out for the PPI over the years?

You can reclaim this to reduce the debt.

loobylooireland

I think what we have paid in ppi inc. interest is about £2,000 - £3,000. The arears are £8,000 though.

RAS

Well, you argue that they cannot proceed with the case as the information provided to the court is incorrect. Speak to your lawyer.

jojo1964

I dont know the legalities of it , but personally it sounds like you are trying to blackmail them into negotiating with you, not something i would have thought is recommended, just try to fight your case on its own merits.

Happytogetdebtfree

All the best with this :-) fingers crossed hope it works out for you x

willbdebtfree

hi there
cant offer any practical advice im afraid apart from one thing. Listen to your lawyers and only take advice from them. The people on this forum are great and very helpful, but they are no substitute for a legal expert. As a lawyer myself (sadly not this type though) I know that the biggest mistake people can make is taking advice from people who are not legally qualified.

HTH