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Mis Sold Blackhorse Loan

enfield1988
enfield1988 Posts: 12 Forumite
Hi All,

In 2008 my mum applied for a secured loan with blackhorse. The loan was approved on the condition she could someone to counter sign, so I did. I spoke to blackhorse in april regarding the account as my mum had missed payments and I wanted my name removed from the loan as it was affecting my credit. On various occasions I was told that it could not be done. Anyway during the call the customer service rep asked if the payments on the mortage were up to date. I told her I was not on the mortage and had no idea how much is was or if it was up to date. She then said she was surprised I was able to get a secured loan on a property I did not own.

After that conversation I sent a letter and email to blackhorse. I told them that me being on the loan makes the loan void as I am not a homeowner of the property the loan is charged on nor any other. I checked my experian credit report and it clearly states that it is and 2nd mortage!!! How can I have 2nd mortage without ever having a 1st?

They replied and said they would investigate. They replied by basically saying that the loan wasnt void and that I am still liable to pay.

I complained again several times and they sent a letter saying the same thing. "we stand by what we said in our previous letters that this loan is not void and payment on the loan must be made. We are passing your account back to collections"

The last letter they sent said if I still was not happy I should complain to their asset and finance dept.

Do I have a case?

Is the loan void?

What should my next step be?
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Comments

  • Tixy
    Tixy Posts: 31,455 Forumite
    Its perfectly okay for a secured loan to also have others on the loan that don't own the security.
    So if you and mother have this as a joint loan and the secured property is just in her name then that is absolutely fine legally.

    And if you and mother don't or cannot keep up with repayments this will affect both mothers and your credit file. Although obviously in the long run it will be her asset at risk.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • KingElvis
    KingElvis Posts: 4,100 Forumite
    No, the loan is not "void" and you'll have to pay or they will eventually have the house (or whatever it's secured upon)
    "We want the finest wines available to humanity, we want them here, and we want them now!"
  • balmk
    balmk Posts: 624 Forumite
    The reason they needed a second applicant/guarantor was to spread the risk; this means that if your mother can't pay then they expect you to.

    this would have been clearly stated in the documentation that you signed, and you are jointly liable for the debt.
  • RichGold
    RichGold Posts: 1,244 Forumite
    1,000 Posts Combo Breaker
    Why do people think that a loan could be voided after they have had the money?

    The bank knew your mother wasn't going to pay, so they asked for a co-signatory so they have someone else to chase when her payments fail.

    You're on the hook, so might as well pay up.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • Of course the loan is void!

    Just send them back all the money they lent you and they'll let you off the payments. Simples!
    "There are not enough superlatives in the English language to describe a 'Princess Coronation' locomotive in full cry. We shall never see their like again". O S Nock
  • 50quidonRED
    50quidonRED Posts: 143 Forumite
    Yes VOID! don't pay them any money
    Beneficial Finance £6500 - Cleared July 2010 - Ulsterbank Loan £1500 - Cleared August 2010. Ulsterbank CreditCards £2500 - Cleared July 2011. Barclaycard Credit card £2200 - Cleared July 2011.
    Halifax Credit Card £1500 Cleared July 2011.
    :rotfl: good times are "finally" here :rotfl:
  • paulmcerlean
    paulmcerlean Posts: 831 Forumite
    This loan is most certainly not void. Your good credit record allowed them to lend the money as you reduced the risk on your mothers application. You have liability for the loan and they will destroy your credit record should your mother not pay.

    And that's a fact!
  • KingElvis
    KingElvis Posts: 4,100 Forumite
    That's why banks and other lenders require a second signature when they suspect the applicant may be a non paying rapscalllion
    "We want the finest wines available to humanity, we want them here, and we want them now!"
  • blacksta
    blacksta Posts: 919 Forumite
    I have void the loan - no more worries
    I owe £3233 @ 0%
  • KingElvis
    KingElvis Posts: 4,100 Forumite
    blacksta wrote: »
    I have void the loan - no more worries

    Can you void my loans (if I had any) too please?

    I think they may be void as they were signed on a Tuesday and I WANTED to sign on the Monday :rotfl:
    "We want the finest wines available to humanity, we want them here, and we want them now!"
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