Black Horse Loan Secured Against Property

JVSKILLS

Has anyone had a problem with Blackhorse when falling behind on payment's which lead Blackhorse or any creditor for that matter to secure a charge/restriction against your property showing on the land registry title?

And what seems we are told is the only way for the charge/restriction to be removed would be by making the payment in full or at least when its paid off at the end of the contract term is when the charge/restriction would be removed?

What if you have paid the loan taken from them in full and yet they did not remove the charge from your property after full payment was made, leaving you with a charge on your land registry property title for 5 years when payment in full was made 5 years ago?

Making this a massive oversight on there part and taking the money but leaving the charge on the title for 5 years, due to myself and wife selling our home only to find that the charge was still on our property land registry title even tho we paid them 5 years ago in full.

I am just wondering if anyone else has experienced anything similar?

All feedback is welcome, thank you in advance.

D_M_E

A complaint to the lender about their tardiness in removing the order should be made if the loan to which it relates if it's still in place.

If the property is in joint names but the loan, and therefore the charging order, was/is in one name only then this thread may be of some help if/when you sell

https://forums.moneysavingexpert.com/discussion/1839539/charging-order-the-myth

Samsung_Note2

Ive just had exactly same issue and had it resolved with immediate effect (same day) and will be financially compensated.

Id share the experience however ""All feedback is welcome as long as its to do with Blackhorse, thank you in advance."" Wasn't Black Horse so i cant/wont....

JVSKILLS

Samsung_Note2

I am sorry to hear that the same thing has just happen to you glad to hear that you resolved it straight away by being financially compensated.

Please feel free to share your experience, will edit the post now and remove "only if as long as its to do with Blackhorse"

I am sure every experience is different and may it help others in return.

Thank you In advance!

JVSKILLS

D_M_E thank you kindly for your response,!

I have already been on the phone with Blackhorse at the start of November to address the problem in Question, their oversight was admitted to that they took the full payment back in 2013 but never took the charge off our property leaving it registered on our LR Property Title, they apologised and offered me £50 for the inconvenience and the law team took it straight off the next day.

For me, this was not about the money as felt they downplayed it to deem it small.

We did pay them back in full at 10K and over 5 years ago.

My wife and I tried to sell our home twice within this time frame.

When potential buyers would search our title to see if it was clean of any restrictions or charges this is what seemed to put them off, our lives could have changed twice and did not.

I was not as savvy as I was back then as I am now and see that this is and was a massive oversight on their part and a lack of due diligence on mine.

On the phone call to Blackhorse, I needed to ask why this charge/Restriction was still Active because our solicitor needed to know so that we could find out what the settlement figure would be to remove this from our LR Title.

Alarm bells rang for both myself and wife as we both knew we paid them in full over 5 years ago.

After being passed from person to person on the phone, customer complaints then asked me what I wished to do about it if I did not want the £50 they offered as suggested from there law team, I said that I would like to take it further to the Ombudsman service.

Blackhorse customer service noted it on file that's what I requested, I also asked for a letter to be sent out of my request stating this as soon as we got off the call on the 9th/11.

We waited just under 2 weeks and did not hear anything.

We then received a letter in the post dated the 19th November on the 23 of November with a cheque included for £300 at the top of the letter it was addressed to Me they even spelt my name wrong.

The wording in the letter stated:

Dear Sir/Madam, In response to your recent request, we have the pleasure in enclosing a refund cheque for £300

Yours faithfully Bla Bla!
Manager

First things first I did not ask for this cheque and it was not a request from me for this to be sent!

Second, they took it upon themselves to close matters when this is not what I asked of them.

I decided to call them again the next day 24/11 to ask where the original letter was stating our first contact call made on the 9th of November and also asked why they decided to send me a cheque saying that it was of my request to do so.

Blackhorse customer service mentioned they sent the original first contact letter out on the 9th of November but yet we still had not received anything and this call was made on the 24th of November.

The following Monday day we received a letter from Blackhorse dated the 16th of November it's now the 26th November at the time of opening the daily mail.

Please appreciate that the cheque came first dated the 19th/11 on the 26th/11 then the original first letter of complaint came that I made back at that start of November which was the 9th/11 on the 28/11.

Again I asked them why I had received the cheque before the first contact letter when this was not my request, they replied with, our system does this automatically as a goodwill gesture, so now its gone from trying to compensate me £50 on the 9/11 and was downplayed on the phone at the start, now to a goodwill gesture that is created by there system, again I did not ask for any of this.

They also stated that they tried to contact me but ended up phoning my wife at work where she was not able to answer or take the call, they rang once and sent one message when my wife is not the one who called them I was and they had both numbers being able to speak to either one of us.

Because she could not reply at the time it was then taken upon themselves to close matters and the case in question, when again they had not spoken to me, I still had not received the original first contact letter so that I could pursue further to the Ombudsman, I did not ask them to close matters and was looking to continue and address matters that seemed rightly justified in my mind after paying them 10k in full back in 2013 and yet they left a charge on our LR title for 5 years and is now the end of 2018 also in the process may of stopped us selling our home.

Making potential buyers wary of this in the past also when putting our house on the market.

They then asked if I wished to reopen the complaint, My answer, of course, was yes I never closed it.

They apologised and said that they sent out the first letter of contact as soon as I requested it on the 9th/11 and that they did it again on the 16th/11

Its the end of the month now November and what do you know I receive 2 letters the same letters dated the 16th with a leaflet for the Ombudsman and a letter in reference to the complaint made on the 9th/11 and they still spelt my name wrong, which also suggests that they did not send the first contact letter dated the 9th/11 when asked for after coming off the first call made to them they sent me two of the same letters dated the 16/11 Just copies of the same letter.

For me, this was just a wishy-washy letter of reference stating their compliance and what they did about it when again never asked for any of it.

It's the way that this has been dealt with from the start and messing me around with letters of confirmation for nearly a month and my time and the massive oversight on their part.

You see I am just the little guy and want this to be corrected in a way that shows others that Bigger companies cannot keep getting away with generic and scripted replies based on lack of ethos and moral and compliance when profit seems to be the only thing that matters to them by whoever the creditor is at the time of representation because I know If we still owed them money and the shoe was on the other foot they would not have any problems chasing us for the money that was owed and clearly making themselves herd because of it.

So here I am, looking to see if others have had such an experience to gauge my next steps.

I am fully aware and understand the ins and outs of what charges/restrictions are and the Myths explained.

Our property is in joint names and if I was having problems with this as far as how to take the charge off for a start it would not be classed as a charge because its a mortgage done on joint ownership.

This would be classed as a K restriction which has specific wording, Of course, the creditor can ask the LR to use different wording so to stop sale without payment, but the LR is not likely to agree due to the rights of the other co-owner my wife.

This is not the problem to date as the charge/restriction has and was removed now on the 10/11 when asking them to do so after a massive oversight for 5 years.

Appreciate the link that was provided and your response thank you.

D_M_E

Well done on getting it removed.

It seems that both your and the buyer's solicitor - and subsequent ones - were not clued up at the time on the niceties of a Form K restriction and, if they had been, you could have moved on years ago.

Xbigman

£300 for a mistake which was rectified pretty quickly once they were made aware of it seems fairly generous to me. Stop wasting everyone's time and take the £300. The ombudsman is unlikely to offer much more.



Darren

JVSKILLS

D_M_E appreciated thank you.

Know what you mean as far as subsequent ones as we recently had to go through more than one solicitor to find the right one that understood the difference between charges/restrictions.

There are other factors to bear in mind based on personal situation but the point is that there is a lot of solicitor's that just follow a script and are poorly up to date with there knowledge and interpretation of the rules.

Agreed if they had been, we could have moved on years ago and this is one of the main reasons for this thread because we feel that our lives could have changed years ago.

Thank you for taking the time to respond.

All the best.

JVSKILLS

Xbigman Thank you for your feedback!

Appreciate that you would advise taking the £300 as its put is very generous 'agreed' don't really see how I am wasting others time but again thank you for your feedback.

The ombudsman is unlikely to offer much more?

That may be correct but Its not really about the money this is more about the fact that my wife and I could have been living in our dream home or went travelling as we were trying to do at times where this oversight had taken place as well as trying to deal with solicitors that clearly looking back now did not know how to do there job and not to mention the cost of trying to sell our home in the process as well as time, its the inconvenience that this has caused us over the years knowing that our lives could have changed more than once and because of a massive oversight as they put it and incompetency our lives did not.

I am tired of seeing others including myself at this point just let these sorts of situations slide because of the compensation offered of course compensation is a great way to correct the situation and rightly so if others choose this great so yes you are right £300 thank you very much.

But please consider that we are talking about 5 years not a couple of months also the way that this has been dealt with from the start, its all a bit backwards.

So please forgive me If you feel that I wasted your time and you feel that I am wasting others time.

If you work for the ombudsman you may have a point but don't feel you do and clearly are not understanding the length of time that this has gone on for also if you are not married then I don't feel that you truly understand how this at times has affected a 21-year marriage and if you are married then apologies.

Please know I do appreciate your comment and feedback is welcome always so thank you.

All the best.