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worriednanxious

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Everything posted by worriednanxious

  1. Thank you will try and put it out of my mind x
  2. Thank you feeling a lot calmer about it now, I know the ex didn't pay as he went bankrupt Another letter this morning addressed to the occupier looking for please phone them with correspondence address. Remembered also that they supplied a redress amount in June 2013 for incorrect paperwork. Would this have an affect on statute barred? I have checked credit files no court notices so they haven't done it without me knowing. What do I do? I didn't sleep for a week last time!!
  3. Sorry d just read your comment, the letter was sent by NRAM - northern rock asset management.
  4. Wow reading over this thread has brought it all back, I knew it was a scary, horrible time as I felt physically sick when I opened that letter today I have calmed down now and am not going to fret over it. Seriously though could they start chasing for payment again? And could they do it through my old address where I am not aware of it?
  5. Hi, Many years ago myself and ex partner had a together mortgage with Northern Rock. When we split he took out a new mortgage and was supposed to clear the loan but didn't. They raised a court case which I fought with help from the guys here - Thank you. I don't remember actually going to court if memory serves they dropped the case. I was contacted shortly after by a debt collector offering to settle for 5k which I declined as I didn't have the money. Forward several years and a letter arrived this morning at my new address. It is addressed to "the occu
  6. The NR thing won't be statute barred for another 4 years and I don't think I can put up with the worry for that long. Also I would be struggling with my own debts for the next five years and trying to clear them and then NR could decide they are going to take me to court again and I'm back at square one. I think really need to just draw a line under it and get on with my life so my child and I can start having fun again without the constant worry of what has landed on the doormat while I've been at work! Thanks for the help and advice, I've made up my mind that BR is the route for me - wish me
  7. Thanks for the responses, in regards to the £10k loan I can prove that it was taken before I realised that things with NR hadn't finished. I can also prove that it was all used to clear credit cards debts so I was sincerly trying to get myself back on track by consolidating. I would have struggled a bit to make repayments but thought I could manage and envisaged a changed in circumstances in the near future as my bf was going to move in at the end of June! Do you think they will understand this? I really don't think I have any other options but to go the BR route, the stress and panic I'm am h
  8. They phoned today and asked for payment - I said I didn't have any money to pay. They wanted to do an income and expenditure over the phone - I said no and they are posting one out. They also phoned the other person on the loan and asked if they could even just make a payment of £1 a week. Wondering if they are still on a phishing trip and trying to get us to pay something so they can start all over again. I know there is a debt the problem for me is the other person on the loan did remortgage when I left and had enough with their new mortgage to pay this
  9. Thankyou for the advice, it sounds sensible and what I was thinking myself. In regards to waiting for them to take it to court - how long would BR take roughly, I am worried that if they take it to court and get a CO on my home this wouldn't then be included in the BR. And if they do get one is a CO discharged when you sell even if the full amount isn't repaid by the profit? I would be looking to sell my home in a year or so anyway and move in with my bf so that wouldn't bother me but wouldn't want to still have it hanging over me as there wouldn't be anywhere near enough (if anything at
  10. wouldn't they need to take the case to court first before they can apply for the order? My understanding was they would go to enforce the debt - if they won the case and we failed to pay they could then go for the charging order so they would have to go back to court for this - I could make myself bankrupt in the meantime. Not very good on CO's and understand they won't be included but if I sold they home they would get any leftover money (after mortgage repayment and fees etc) once that is done then the CO is settled? Or can they continue to chase for the remaining a
  11. I'm happy to be the ginea pig and go all they way if needed because I'm thinking if they win I'll declare bankruptcy anyway because I really can't afford to pay any more. So although the theory is that if they issued a defective DN they cannot effectively terminate the agreement this hasn't been tried in a court yet? So all I can really do for now is sit tight - continue with not making payments and see where they go from here?
  12. Hi, For a bit of background I am a single parent with a mortgage but no equity. I have just recently (last week) taken a £10k loan to clear credit cards and thought I was getting myself straight. However I just discovered that a case from Northern Rock that I thought had been closed last year may well raise its head again and they could win. This is for a joint unsecured loan in the region of £25k. If they decide to take this back to court I really couldn't pay anything else and am thinking that making myself bankrupt would be the only solution. My questions are - Would the unsecured
  13. The agreement was terminated before the court case - how can they start sending DN's again? My understanding from reading other threads was that if an agreement was terminated with dodgy paperwork which they admit it can't be re-instated?
  14. Well after sending the letter to NR they nicely replied and said they were looking into my complaint!!! I only did as they asked but left them to investigate hoping a nice resoultion would be reached. after concluding their investigation they have responded stating the facts of the case, how they took us to court, we filed a defence. and "after investigation with the legal team it was agreed that the default notice was not valid and therefore the action could go no further. We contacted our solicitors who issued a notice of discontinuance". Conclusion "I can confirm
  15. Hope this gets sorted for you, I am watching with interest as NR have just started chasing me again for payments on an unsecured loan. They also discontinued the case last year! And have threated further action, I have only received phone calls so far and I am sending a letter with details of the discontinuance - will watch for a letter then.
  16. after a bit of thought here is a second attempt, any advice gratefully received, should I mark it without prejudice? I am writing in regards to your recent telephone conversations concerning an alleged overdue account. I have informed you previously that you took this matter to court in August of 2009. As the court case was proceeding we received a letter from you solicitor dated 12th January 2010 stating that you no longer wished to proceed with the claim against myself and Mr XXXX. A notice of Discontinuance was filed dated 8th January 2010. You informed me that you
  17. Here is the letter I am proposing to send to NR: Dear Northern Rock, I am writing in regards to your recent telephone conversations concerning an alleged overdue account. I have informed you previously that you took this matter to court in August of 2009. As the court case was proceeding we received a letter from you solicitor dated 12th January 2010 stating that you no longer wished to proceed with the claim against myself and xxxx A notice of Discontinuance was filed dated 8th January 2010. You informed me that you were unable to locate copies of the paperwork rega
  18. That all sounds great. I think they are just being pushing hoping that possibly circumstances have changed and we might want to pay. It would be interesting to see what further action they think they are going to take as we haven't received any new demands for payment they would have to go to court based on the previous demands so their facts couldn't be different. Would it be advisable to write them a letter stating they discontinued the case on XYZ date and I would like any further communciation to be in writing only. They keep phoning while I'm at work and leav
  19. Hi any advice on this gratefully received. In short Northern Rock filed a claim against me back in 2009 for roughly £24k. In Jan 2010 I received a lovely letter from their Sols saying they were discontinuing the case which was great. Recently they have started phoning again, they can find no paperwork relating to the court claim. Today they advised that I had 14 days to send them copies of the paperwork or they will take further action! (Although I'm not sure what action they can take without the paperwork?) They also asked if I could make a payment today (cheek!
  20. wow can't believe its over - I've been stressing for ages about this. Thankyou so much for the help I found on here I wouldn't have known where to start without this site, will definately be donating. Will definately check the court has received the notice on Monday but it really does look like great news:D
  21. Well here is an unexpected development - today I have received a notice of discontinuance dated 8/1/2010 which has apparently been filed at the court. is that it? Can they file another claim? Why the sudden change of heart and more importantly is there anything I can do to insist they recitify my credit history which they have been destroying for the past year?
  22. Witness statement needs to be at the court on Monday. I have been reading lots of threads and have come up with the following draft. Doesn't look very beefy but I think it states everything: 1 The Defendant admits entering into an agreement with Northern Rock (attached app 1) and which was regulated by The Consumer Credit Act 1974 (The Act). It is the defendants belief that NR did not comply with section 2.5 of the terms and conditions whereby parties will not be able to drawdown the loan amount if they have mortgaged their residential property for more than 95% of the valu
  23. Oh Thanks Andy - I have printed the form and will attach those documents this weekend. They won't have it by the 4pm deadline on Monday but it will have been sent by then, which hopefully will be enough. Still seems silly that I have to send to their lawyers what their lawyers sent to me! But at least if we do it they won't get an order without having to prove stuff. Thanks again - will keep you updated
  24. Opps had so much stuff going on I lost track of this! Disclosure of documents is due on Monday, I was going to send a copy of: Agreement Default Notice Termination Notice Statement of Account. Do I really need to do this as they were all sent by NR in the first place - seems a bit silly? I presume I just take copies and attach them to some paper with the case details and deliver them to the court. Thankyou
  25. Sthis is the full defence I will be taking on Monday: 1 The Defendant admits entering into an agreement with Northern Rock and which was regulated by The Consumer Credit Act 1974 (The Act). No admissions are made as to the terms, conditions or other provisions of the agreement and the extent to which Northern Rock and/or the Claimant may have complied therewith and the extent to which the Defendant may not have complied therewith. Further and alternatively, it is denied that the agreement was properly executed and/or is now enforceable in whole or in part. 2 With
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