I think I don't have any other choice then to raise a complaint then with the ICO, thanks again for the link and advice!!!

Hi Andy, the loan is part of the unsecured element of the Together mortgage, but it has its own loan account and should be treated as per the consumer loan act, i.e. it falls under different legislation compared to the secured element. Despite NRAM taking me to court several times trying to enforce repossession order I don't the secured element was ever defaulted as it doesn't show on the credit file as defaulted, nor does the unsecured loan account. I do suspect that they have been treating it the same as the secured mortgage element but that doesn't correct to me as they both fall under different legislation and have different loan accounts, otherwise they would not have been able to apply for a CCJ juts for the unsecured element. Hope I'm making some sense. Many thanks!

Hi all, I'm hoping someone can please advise as to whether my logic is correct. Essentially I took out a Northern rock together mortgage over 10 years ago just before the recession, this included an unsecured loan of £30k. Shortly after I was out of work for a year and built up mortgage arrears on both the secured element and unsecured element of the loan. Despite 5 attempts of NRAM trying to repossess I managed to fight them off and eventually paid of the secured mortgage arrears however because I was prioritising the secured payments the unsecured loan arrears were not being paid and eventually NRAM applied for a CCJ. However at the time they did not default the unsecured loan account so it is still showing on my credit file with just many late payments. The CCJ dropped of my account about a year ago and during the 6 years prior NRAM didn't take and forceful action to recover the debt. My understanding is that prior to making an application for a CCJ to the courts they should have set my unsecured account to default and hence it should have also dropped of my account when the CCJ did and the unsecured debt should In theory now be written off. I did contact Experian and raised this issue, they replied stating that they contacted NRAM however NRAM stated they would not be making any amendments regarding this unsecured account on my credit file. I would really appreciate any advise on this matter and if my logic is incorrect. Many thanks in advance!!!

Thanks for all your help and advice Ell-enn, much appreciae all your efforts! I will amend the statement as instructed and just pray and hope the judge is in a good mood! I intend offer £1500 extra a month on top of the mortgage. Can I just ask do you think I should request the duty solicitor to represent me in the hearing, assuming they are available? Thanks!

Hi, thanks again! Yes I have a copy of my new contract, just received it on Thur, its actually for a further 12 months, I just noticed! I have all copies of payments from the agency ready. When I first received the intent of eviction on 20th Nov I rang them up straight away and was told that I would have to offer a huge lump sump and substantial monthly payments for to even consider stopping eviction. I wasn't aware of the Norgan case law and the 13.3.2 FSA rules at that time so I panicked and offered these silly amounts just to do anything to keep the flat, I was going to use the money I have set aside for tax to pay this and worry about paying my taxes later but I don't think that would be good idea. The thing is from the agency I get paid approx £5800 a month but I have to pay tax and NI from that at the end of my companies tax year so I have to set aside an estimate to cover that, so far I've been setting aside £1800 but to be honest I don't think that is actaully enough, I should really be setting aside £2300 just in case which would reduce the surplus slightly.

Will do, thanks!!!

Sorry just another quick question, we can probably afford to pay £1700 on monday morning for this month payment, do you think its worth doing that or should we wait to see what the outcome is, its just that if the hearing goes against us I would need the money to find somewhere temporary at short notice. Also if we do get evicted do you know if we would be able to move our furniture at later point. Thanks!

Hi, thanks Ell-enn, appreciate it! I am happy to pay the extra £1K toward arrears like in the original requirement, I would be able to pay a bit once I start recieving my pay rise but i won't actually see the extra money until May as it takes time for the agency to pay me and then myself a dividend. If you need any more info just let us know. Thanks again!

Also I should mention that my mum is staying with me at the moment, she moved back to Poland a few years ago but has been over for a few months as she has been diagnosed with some form of blood disorder which she is having tests for and so needs to be in the country for while, this is also why its really important for me to keep the flat at the moment as I don't know where she would stay if we get evicted. Thanks

Hi, I didn't put down an amount in the N244. Also I just wanted to mention that I'm worried of over comitting because of the possible raise in iterest rates that might happen because of this inlfation problems right now, our variable rate currently is still 4.9% (whcih I think is a disgrace seeing as NR was state ownded but that's another discussion I guess) so if there is any rise I'm sure NR will be passing it on straight away!

Hi, the judge in the original hearing demanded £2400 (inclusive of the £1400 mortgage payment) so I'm happy to pay that but I'm just worried that they will see we didn't make any payment in Oct and Nov and think its not achievable. Also i do have a lot of expenses initially like software purchases etc.. which I can only claim back on tax when I do the tax returns at the end of the year. The lump sum I proposed to NR was just because I panicked and after initally speaking to Nr they told me I would have to pay a lump sum for them to even consider my proposal but they haven't even been in touch to discuss that initial offer. But I was going to use the money I have set aside for tax which obviously wouldn't of been a good idea so I don't really have a lump sum to offer now but may have a one of extra payment in March of approx £3K on top of the arrears payments.

Hi, I totally see your point however the nature of working on contract is that obviously whilst I have work now, in a year or so there maybe another recerssion etc.. or some other economic problem but I am comfortable paying £2000 so £600 extra but I would obviously pay off more if I can, its just that I've only been back working for 3.5 months so have just started to get back on my feet again. My main priority is just to keep the flat though even if we do have to end up paying £2400 a month like in the last hearing. Also is it worth mentioning that we have planning permission to convert the property into 2 flats (1 bed and a studio), the works will cost about £10k but then obviously 2 properties are worth a lot more so NR would have 2 assets in affect which I'm sure is in their interest but obviously you know a lot more about what's to put and what to say and not say Many thanks!

Hi, thanks for the reply. No I haven't paid them yet, think it would be better to use the money to pay off the arrears. Payment proposal I would like to pay an extra £400 on top of the monthly £1400 mortgage. Although on paper this does leave us a lot of surplus income but because I work on contract I want to put money aside just in case in a years time I can't find work for a while. I have the extension for another 6 months starting from March and slight pay rise of 10%, I recieved the contract yesterday, so I have officially at least 7 months more including Feb, athough there is so much work here I should be here for another 12 months at least. Any more questions please let me know! Many thanks!

Hi Ell-enn, sorry to bother you but I am getting a bit stressed with the hearing on Mon and not knowing whether we should move our stuff out in case the ruling goes against us. Do you think you are still able to help? Many thanks!

Hi Ell-enn, I've emailed over the budget sheet. Could I also please just ask what you think we should do regarding moving our stuff before mon just in case things don't go our way, I have no idea if we have a good chance or not. Thanks!