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    • Actually there wasn't a massive amount of work to do on the WS.  The "meat" was there because of the great work you'd already done. Here is a version which I think is nigh-on finished. However, with Easter there are a few days for the other regulars to suggest tweaks. Defendant WS.pdf
    • Hi all, We bought a part to fix our washing machine approx 13 months ago direct from the manufacturer of the washing machine via phone. This part then failed 13 months later, as confirmed by their own engineer, who was sent by the manufacturer (who is also the retailer for the part) FoC. The engineer actually installed a replacement part, the machine came back to life, but they then removed the part used for testing (and ours reinstalled) as "we would be charged for it". The retailer are refusing to replace the part, stating that they only warranty parts for 90 days. When I stated that I believed the Consumer Rights Act gives me longer than that, they insinuated that it did not, and this was repeated by many representatives. AIUI for goods bought more than 6 months ago, I need to get an engineers report to confirm the part has failed? Or that it has failed due to manufacturing issues? Or would the companies own engineers report suffice? Also, does anyone have any other decent contact details for Hotpoint (or the Whirlpool group)? Thanks, GH
    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
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NRAM interim charging order, advice needed


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We have a de-linked unsecured loan (part of together mortgagelink3.gif, but we moved mortgagelink3.gif) 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 calllink3.gif!) 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 SARlink3.gif 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.

Edited by honeybee13
Paras
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Thread moved to the appropriate forum...please continue to post here to your thread.

 

Unsure why you started it in Bailiff Discussions Forum ?

 

Andy

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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

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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?

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everything they hold on you and your partner

numbers are immaterial.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

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.

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

 

then the experts can advise

 

follow upload

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

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.

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  • 5 months later...
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