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anotherway

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  1. Hi all, Our current mortgage deal with Northern Rock is coming to an end at the start of May. I am just about to start looking around for a new deal, but hubby has about 8 defaults on his credit file. We are currently paying very little to his creditors, as all but 2 of them have come up with enforcable credit agreements. We have no CCJ's as yet, but are due to go to court soon, but we are defending. We also have a secured loan on the house. My question is, does anyone know of any lenders out there that will give us a decent deal, based on hubbys credit rating. We are currently on a 5.69% fixed rate, and to be honest there is very very little room in the budget for any increase. Any help at all would be greatly appreciated. thanks
  2. Laiste your a star thanks for taking a look for me. I know your busy.. What exactly is the protection and remedies? and how would this make the agreement unenforcable? That page is the only agreement we have had from NR, Although Wallers sent some T&C's dated 05/05. The loan agreement was signed 05/04. I will ring the court on Monday, i simply didnt know that the defence had to be filed on the friday before. Thanks again. Vanx
  3. right let me try again... lol! http://i217.photobucket.com/albums/cc59/vanessabe_2007/Northernrock1.jpg
  4. he he he, you dont know how much that has made me smile. well done !!!
  5. Thats great, thanks again, we didnt recieve a default notice but, wallers have provided a copy deafult letter template, stating that - 'copies of actual default letters are not retained by our client, only a record that this template was sent to the customer is retained. ' I will scan what they have sent me. So I can fax the defence in then? hooray !!! I can do that tommorrow/sunday. Would it make a huge difference if they recieved my defence on monday? (If i sent it recorded tomorrow?) My plan so far is to send in the defence posted on here, modified to state that I have only recieved part of the information requested, and asking for a stay. Send a letter to NR asking for all info on me, plus updated statement of account. and this letter to Wallers - WITHOUT PREJUDICE Dear Sir/Madam I have received the Court claim filed by your company for NORTHERN ROCK PLC please find enclosed a copy of a letter sent to your client in relation to this case. It would be beneficial if this matter could be resolved without going to court, As your client is aware I am already making consistent monthly payments and have submitted financial statements when requested to do so. I feel that this action is unreasonable on the following grounds. When I first experienced financial difficulty I contacted your client making an offer to pay based on what I could afford, and provided a financial statement to that effect. When you client later requested I provide an updated statement I did so, I can confirm this was received by your client, as it was sent by recorded delivery. You client also actioned a CCA request on that date that was contained within that letter. Your client did not respond to my Financial statement, and so I maintained the previously agreed payments. I then received a letter from yourselves, stating an account number that bore no relation to any accounts held by myself. Your client then issued a county court claim, When I received the claim form I contacted Northern Rock again, who refused to enter into any negotiations. I have not recieved a deafult Notice, and your client cannot rpovide me with a true copy. You have also failed to provide me with an up to date statement of account, the statement provided lists transactions until february 2007, and no further. I feel that this claim is a waste of the courts time, as I have endeavoured to settle this dispute without resorting to court action. If your client persists and is successful it will affect my employment and therefore effect the amount your client may be able to recover in the future. I hope we can reach some kind of compromise which does not include asking me to pay the full amount outstanding as this would be impossible at the moment. As you can imagine these are very stressful times for me so I hope we can enter into some meaningful negotiations. Yours faithfully xxxxxxx How does all that sound? Can you foresee any pitfalls in that at all? Tomterm8 - Thank you, I would be chewed up and spat out without help from people like you.
  6. I think it is enforcable to be honest. I know I may be asking a very obvious question here, but if i send in the letters outlined above to the court, that I guess will give me a bit more time to prepare my defence? As I say they have not provided an up to date statement of account, so would this be grounds for a stay? Thanks AGAIN!
  7. Hi all Would someone please be able to have a quick look at the Credit agreement I have been sent from northern rock? We thinks its enforcable but just need a second/third/fourth opinion! Its pretty urgent too, i need to send in my defence tomorrow thanks http://i217.photobucket.com/albums/cc59/vanessabe_2007/Northernrock1.jpgan
  8. Hi the agreement is on this link here, and from what I can see it looks enforcable? http://i217.photobucket.com/albums/cc59/vanessabe_2007/Northernrock1.jpg Yes it is the original creditor, Northern Rock. They were ok with a payment plan for 6 months, then didnt respond to our offer of payment when they requested a new one (we sent a CCA request at the same time and have wondered since if this is why) They then sent it straight onto their solicitors. We havent recieved a Default, although they say they have sent it, but they cant provide us with a true copy of the default either. They have sent us a statement of account which only gives us a statement up until Feb, but we have paid nominal amounts since then. They have added 6 x 30.00 quid for direct debits that have bounced. So we are disputing how much we owe ( i reckon its their calculations minus 6 x 30 and minus the 6 x 12.47 payments we have made since feb. I really dont know how to go on with this. Thanks in advance
  9. Hi Laiste thanks for your messages, its appreciated. The issue date on the claim form is the 7th august. I was told The first response had to reach them on the 26th August, and so I have calculated that the defence has to be in on the 9th sept. (sunday?) I cant complete the defence online, as I have not been given a password on my response pack etc. The MCOL helpdesk isnt open over the weekend so I will have to get this defence done tonight. Thanks for all your help again.
  10. Thanks for your help so far, will PM them and see what thyey can come up with xx
  11. Please! can anyone help re the above? thanks
  12. Hi all thanks for the advice, can some one please tell me how to deal with the fact that their calculations are incorrect, and that a default was never recieved etc. This defence needs to be posted tommorrow, so ant help would be really gratefully recieved. thanks again
  13. Thanks I would like to see that letter if poss.... thanks again anyone have any comments how to proceed with the defence?
  14. Thanks for the advice, I sent the acknowledgement of service stating that we would be defending the claim. Also sent the request for info letter to the solicitors which we have just got a response from. I have a load more questions so please bear with me, and thanks again..... I sent the acknowledgement of service back with the intention to defend within the 14 days, so does that mean that i need to enter my full defence by the 28th day? (that is this thurs) First here's their POC's 1. By a CCA in writing made between the defendant and claimant dated 19th may 04, the claimant agreed to advance to the defendent the sum of 10k. The said sum was advance to the defendent on or about the 19.5 04 2. The said loan together which the charge for credit calaucalted within the terms of the agreemet was payment by 120 consecutive monthly installments of 119.58 3. the said agreement provided a. should the defendent fail to pay any of the monthly installments on time or in full the claimant might require, the defendent to pay inter alia the outsatnding balance of the total amount payabale under the loan agreement and any other sums unpaid. Under the agreement and b. that the defendent agreed to pay cost and expenses which the claimant would incur for obtaining payment should the defendent fail to pay any sum on time or breach the agreement. 4. the defendent failed to pay installemnst in the total amount of 666.69. 5. Pursuant to the CCA 1974, by a notice default served on the defendant on the 3/7/07 the Clamiant required the Defendant to remedy the said breach by 17 July 2007. 6. the defendant failed to remedy the breach within the said period and by a written demand dated 17/7/07 and served upon the defendant the claimant demanded from the defendant the repayment of the outstanding loan balance 10,622.65, and thereby notifeid the defendant that failure to pay that sum within 7 days may result in the claimiant issuing CC proceeding to recover the balance due. 7. The defendant failed to repay the balance due within the said 7 days. Therefore the defendant remains liable to pay to the claimant the said sum 10622.25, being the balance of the loan (which includes the said arrears) 8. despite further demands made by and on behalf of the claimant, dated 22.7.07 the defendent has failed to pay the said sum or any sum. The claimant therefore claims 1. 10622.25 being the balance of the loan which sum includes the arrears of 669.65 and interest pursuant to the agreement and 2. cost upon and indemnity basis to the agreement. So thats their POC's any comments at all? I have had a response form the solicitors and they have provided the CCA (which looks ok) and the T&C's. 2. A statement of account which runs from 3/5/04 to 6/2/07 they have added 6 x 30.00 fees for when direct debits have bounced, and added that to the account balance. Can I dispute those? ie have them taken off the balance we owe? Plus they have not added on the 12.47 payments we have made for 7 months or taken that amount off the balance we owe. So I guess that we can dispute that also. Can I dispute the court cost and the solictors fees? So far 100.00 solicitors and 250.00 court fee. They also state that they sent a default notice, which we have not recieved, and on the response letter from the solicitors they state "copies of actual default letters sent are not retained by our cilent, only a record that this template was sent out to the customer is retained" Does this have any bearing at all? On the POC's they state we have made no payments at all since feb which is clearly untrue, we also sent a new financial statement to them when they requested it along with the CCA request. They did not respond to the financial statement, and then sent in the solicitors. When we recieved a letter from the solicitors initially it had the wrong account number on it. Does this have any bearing at all? Finally Hubby has to have a personal liquor licence for work purposes, will a CCJ affect him renewing it when the time comes? Thanks so much for you help/comments, I feel a bit lost so any guidance at all would be really appreciated.
  15. Hi all, Northern Rock are taking hubby to court over a 10k loan. We sent them a letter and financial statement back in jan, and up until June, they were fine with us making reduced payments. Then we get a letter 18th June saying the agreement is coming to an end and to contact them. So we sent a letter, CCA and another financial statement asking for reduced payments. We get nothing back until the 25th July which is a copy of the credit agreement (nothing else no T&C's, statement of account etc) Then we get a letter 26th July from Wallers, (their solicitors) saying they are taking court action. Now we have a court claim to deal with. So with regards to that, the court needs a response by Friday 24th August. I am really confused, and if I'm honest feeling a bit overwhelmed. Hubby admits that he owes the money, but they have added the court fee of 250.00 (is this right?) and the solicitors fee of 100.00. They have also stated on the POC's that (they have given 8 but these 2 stand out as unfair to me) * they sent a default notice on the 3rd july. (we have not recieved a default notice) * They have sent further demands, and that the defandant has failed to pay the said sum or any sum. (we have paid on time everytime, the amount agreed on the financial statement) Further to this when I rang them, the litigation department stated that they would be going for a charging order next, however I believe that they can only go for that if we fail to pay / comply with the court order. Plus they then said after the charging order they would be asking for an attachment of earnings, and again i believe they can only do this if hubby fails to comply with the court order. Is this correct? The only other point i have is that we are now just paying the capital on the loan, we started paying this loan back in may 2004 and so have paid all the interest on this loan. In fact we own more now 3 years on than we did in the beginning. Any help would be really appreciated. Can you advise me if this is the correct course of action? With regards to Northern Rock not complying fully with the CCA - what should we do? With regards to the court claim - should we - Part admit -We agree we owe 10k but not the court and solicitors fees. We dont admit that we have made no payments towards the loan. We do not agree the default notice was served. Northern rock have not complied fully with the CCA. So in that case do I send in the acknowledgement of service to the court, and ask for an extra 14 days to prepare the defence? Thanks again, your help is really appreciated.
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