We have a de-linked unsecured loan (part of together mortgage, but we moved mortgage) from 2006 for £29k,

we have never missed a payment,

the past few years we have had agreed,

reduced means tested payments

NRAM passed it to a solicitor who have managed to issue a CCJ against us after saying we missed six months payments..we didn't.

We called the solicitor from the CAB on the morning of the court date (October 2017) and CAB manager explained we hadn't missed any payments.

They agreed to stop the court action that day (in an unrecorded phone call!) CAB manager then asked them shall we fax the court form in and of course they said no, it's ok.

Well they didn't stop the court action and got the CCJ..

We went back to CAB in February and the manager called them again,

they had an interim charging order by now..

we sent a letter on my insistence to the court with proof of all payments and got the court transferred to our local court 2 weeks ago.

We thought this was to appeal the process but the judge explained it was to make it into a final charging order.

Unfortunately we have had really poor advice from our local CAB debt manager and didn't apply straight away to stop it or set it aside straight after.

The judge seemed sympathetic and said we have been poorly advised,

adjourned until early September as we said we cannot be certain we still owe £29k as we have paid off over £17k and now the debt is back to where it started.

I assume NRAM have whacked on a load of interest and charges when we were on reduced payments.

We hope we can prove we owe significantly less than the £29,500 they say.

I am about to send off a SAR today using your template as we haven't had statements since 2011,

which I now know to be because our regulated loan was in fact unregulated...

and isn't covered by CCA.

It's a living nightmare,

I'm convinced they will then go for an order of sale,

even though they say they won't.

NRAM have spoken to us as though they have no control over the solicitor's actions and are being vague.

I don't want them having control over this,

I have a 12 year old at home who is settled and doing so well at school..

we had every intention of settling when we sell in 11 years at the end of our mortgage and have never missed a payment.

I hope I can get the statements back in time to look through them and they don't delay the SAR process too much with delaying tactics.

Any advice would be appreciated!

And do we send one SAR with both our names,

signatures etc on it,

and do we ask for just the statements since 2011 or everything?

Many thanks.

Hello there.

I've edited your post to include some paragraphs and make it easier to read for the advisers. People should be along over the course of the day.

HB

Thread moved to the appropriate forum...please continue to post here to your thread.

Unsure why you started it in Bailiff Discussions Forum ?

Andy

Thank you, I couldn't see an appropriate forum.

I didn't think general debt advice was correct.

Maybe I didn't look properly.

they have 30 days on the sar

yes one only in both names

sign it too.

if you've moved since taking this out inc a copy of your CTAX bill as advised in the SAR thread

yes there will be £100's in fees and probably lots of unnecessary insurances too.

do you still have the agreement?

if so scan it up with whatever else you have to ONE multipage PDF

read upload

ensure you redact all pers details and ref number/barcodes etc etc

but leave dates and figures please

Thanks,

yes we have the agreement, and all paperwork up until 2011.

I will have to get it from my other half later as he stores everything away, and then I will scan tomorrow and upload. I can't do it at home.

One more question, on the SAR do we use either the first or second paragraph?

They seem similar.

'Please supply me with copies'..

or.. ;Please note that I require;..

And would it be easier to just ask them for all the statements rather than everything?

everything they hold on you and your partner

numbers are immaterial.

dx

Hello, sorry for the big delay, a lot has been going on.

I finally got the bundle of data from NRAM,

I've looked through a lot of it and can't really find any discrepancies.

Although I'm not really sure what I'm lookng for.

It looks like from 2006 to 2011 we paid about £17k (we have paid nearly £19k in total) and only about £2,000 came off the loan!

We still didn't have any statements from 2011 to 2018

we got a solicitor (via my brother-in-law who suggested we use his solicitor) to write to NRAM's solicitors asking them to provide a comprehensive statement to date, or we would seek an adjournment.

He told me it is totally unacceptable for a company such as NRAM to not provide up to date information..

and that this should be exploited in our defence.

After no response, they emailed the solicitor today saying apologies for the delay, the letter required is in the post!

The solicitor we are using deals in property related disputes but is not (I now find out) an expert in this area.

He has told us to file the N244 to set aside judgement on the grounds we didn't have up to date statements etc..

I explained to him the judge said we can only apply to set aside if

a) we can show we owe significantly less (at least more than £10k less) and

b) we can explain why we waited so long and haven't applied to set aside straight after the ccj

(this is because CAB took the word of NRAMs solicitor on the phone that court action would be stopped and we didn't need to send in the court appeal form... still makes my blood boil that we allowed CAB to make the decision to take their word for it on the phone and then tell us not to send the form in)

I feel like we have come a full circle, and now have a solicitor who has told us what we knew already and were told about by the judge.

I was hoping he would be able to come to court and seek another adjournment or something, but he is going away on holiday.

I am going to have to ring around solicitors tomorrow and try and find someone who really knows everything to do with this.

I am going to upload the agreement etc on the link provided above.

Just trying to convert all to PDF.

The solicitor thinks it's worth applying to set aside anyway (even though it's £252) quote..

.'' I feel rather like a doctor when I say if you don’t intervene, its going to get worse.

If NRAM can sue you on the basis of their figures, they must know what the figures are and they must be able to justify them.

If the judge is to make an order he must know what the figures are.

You are already fighting an uphill battle because judgement has been entered:

and the only way to counter that is to try to set that judgement aside,

and then get NRAM to justify their figures in detail.

It is clearly unacceptable for a large company’s figures to be seven years out of date: you have to exploit that.' unquote...

.. part of me feels we should try to set aside ..

but if we don't have the reasons required as instructed by the judge, it could simply just be a waste of money.

However, I don't know how long this letter will take to arrive from NRAMs solicitors

I could apply to set aside as we haven't received the information yet. (?)

But if the information arrives in time for the case on 5th Sept and shows we do owe the amount (or near it) this surely would counteract our application..

sorry it's late and I'm rambling a bit.

I am going to the GP tomorrow as I was having heart issues from October last year, straight after the CCJ notification and visit to CAB,

I have had many investigations, monitoring etc.

but nothing serious has been found.

It's probably stress..

but as the court date gets closer my symptoms have got worse again and my palpitations feel more extreme than ever.

you will need to scan up everything in the sar [statements etc] to one multipage PDF.

then the experts can advise

follow upload

you will need to scan up everything in the sar [statements etc] to one multipage PDF.

 

then the experts can advise

 

follow upload

OK, that's a lot of paperwork, it's thicker than 2 yellow pages. Thankyou, might take me a while.

Hi mammatttt - just wondering what the outcome was from this? I am having similar problems with NRAM and just wondered what your outcome was