Womble 72/Northern Rock 29k Debt - Court looming **WON*****.

[womble72]

Hello Consumers,

New to this forum and can anybody give me advice about Northern Rock.

I owe Northern Rock £29,000 it is unsecured and i am a homeowner.

Two children under the age of 4 and i crippled with debt.
Northern Rock have just sent me court papers, but what annoys me is that i spoke to them a few weeks ago because they refused my offer via Payplan then i upped my surplas sent them a new statement and also a token payment to say they will stop legal action then i recieve a letter from a solicitor on there behalf to say you are now going to court.

So they have gone back on there word but i cant understand why go to court if thats all i can offer them via Payplan?
I thought it could be a charge against the property but it does not say that on the paperwork.

I am feeling stressed with all of this and with two children to support i just dont know what to do ?

Bankruptcy is an easy way out but i do owe them the money and bankruptcy doesn't help me or them.

I would lose my home going down that road but i have been in communication with Northen rock all the time since my money problems.

On the paperwork from the solicitor it states that i have not done so and also made no payments ?

Will the courts be understanding towards my mess.

Can anyone help please of what to do.

Kind Regards

Womble

[Rooster-UK]

You should regard bankruptcy as the very last resort.
I will move this post to the General Debt Forum. There are users there that can probably advise you on your best course of action.

Regards, Rooster.

[womble72]

Thanks Rooster.

[benson05]

Hi Womble72,

Our situation sounds the same regarding NR. We entered a DMP with Payplan last year NR accepted reduced payments on a 25,000 non secured loan for sixth months then from no where in September we got a CCJ from them for £36,000 forwith payment which because we hadnt got 36,000 in our back pockets and they refusal to accept payments by installments ha led to an interim charging order on our house and we go to court next week to defend against the final charging order also have two children but they dont seem to care, just read as much info as you can and this site has been very helpful , my sympathies are with you
Benson05

[paulwlton]

You need to make a CCA and S.A.R - (Subject Access Request) request asap. I assume there will be charges on the figure they are claiming.

[paulwlton]

Originally Posted by benson05

Hi Womble72,

Our situation sounds the same regarding NR. We entered a DMP with Payplan last year NR accepted reduced payments on a 25,000 non secured loan for sixth months then from no where in September we got a CCJ from them for £36,000 forwith payment which because we hadnt got 36,000 in our back pockets and they refusal to accept payments by installments ha led to an interim charging order on our house and we go to court next week to defend against the final charging order also have two children but they dont seem to care, just read as much info as you can and this site has been very helpful , my sympathies are with you
Benson05

I suggest you make the same requests.

[benson05]

Hi,

Think it is a bit late for us-wish I had known of this site last year, have good case so will throw everything at them and hope something sticks.

Kind regards,
Benson05

[womble72]

Hi Benson,

Thanks for the reply.
What is a CCA and S.A.R - (Subject Access Request) .
I will be seeing a lady on Monday at the cab do i ask her for the above.
Also Benson do you have to go to Gateshead court to defend yourself.

Kind Regards

Womble

[andyorch]

Hi Womble
Is this a personal Loan? and do you have a current account with NR as well?

[pt2537]

Hi Womble,

A S.A.R - (Subject Access Request) request is a request for disclosure of data held relating to you(in a nutshell) made under s7 Data Protection Act 1998

A CCA request is a statutory request for a copy of the Credit agreement relating to your account.

there is a template letter in the library located here http://www.consumeractiongroup.co.uk...templates.html

if you need any more info just shout

regards
paul

[womble72]

Hi Guys,

Yes it is a personal loan and i dont have a current account with them.

I will fill the court papers in with the cab on Monday but im worried if they will put a charging order against my property.

Thanks Paul for the advice.

I do owe them the £29,000 but they told me that if i upped my surplas then they would stop legal action.

I can only pay them £25.00 a month via payplan and i have another 10 creditors i owe money to.

In total i owe £71,000 in unsecured loans and credit cards.

Payplan inform me it will take 144 years to pay them all back.

I knew sooner or later Northern Rock would take action because there in the mire as much as me.

Kind Regards

Womble

[andyorch]

Hi Womble
First of all dont panic have you recieved a default note from NR? and where are your Court Papers from are they stamped Northampton ?


Regards
Andy

[womble72]

Hi Andy,

I had a default from Nr earlier this year.

The court papers are stamped from Gateshead.

Regards

Womble

[andyorch]

Hi
disregard tha advise above once legal proceedings has commenced everything changes as to what you request.Does your D/n contain penalty charges and if so renders it invalid hence enforcement is unlawful


Andy

[womble72]

Hi Paul,

Can you please explain more about A S.A.R and CCA.

Will it help me when they take me to court to use these.

Regards

Womble

[womble72]

Hi Andy,

I need to get my paper work out to look if the default notice has any penalty charges.
I dont understand by the enforcement is unlawful ?

Regards

Womble

[andyorch]

Hi
When a Default note is issued it must contain the true figure of arrears if there are any penalty charges included ie late payment this renders it invalid.So they cant proceed with legal action.