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worriednanxious

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Everything posted by worriednanxious

  1. 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!!
  2. Sorry d just read your comment, the letter was sent by NRAM - northern rock asset management.
  3. 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?
  4. 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 occupier" and asks if I live here and to call them to either confirm this or advise them of another address. The debt that was with them is over 6 years old and is removed from my credit file. My question are: Why should they be trying to contact me now? Should I tell them....what can they do? Is there any likelihood that this could be to do with the interest repayment debacle? Thanks in advance for the advice x
  5. 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 luck xx
  6. 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 having because of this is not making a happy life for my little un and its not their fault.
  7. 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 off - and it wasn't till some time later that I discovered they didn't and instead spent the money on a new car. I would pay it if I had the money but I have £11k of debt in my own name, my own mortgage and a young child so most of my wages go on the childcare and other bills I really don't have anything spare and certainly not the £25k they are now after. I am wondering if I should just sit tight and see what they do - should I complete the income and expenditure? Or do I just declare myself bankrupt now. I am concerned that will continue to chase and then decide to take to court just before the 6 year statue barred would come into play and that would bring me right back to square one. Whereas I could sort it now with BR and be clear (all be with a bad credit rating) in 6 years. Will they still have to ask to relitigate if they produce new documents then?
  8. 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 all) to repay what they are asking.
  9. 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 amount?
  10. 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?
  11. 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 joint loan be included in the bankruptcy (wondering because it is in joint names)? Secondly should I declare bankruptcy before they take the matter to court. If we go to court and get a CCJ and then declare bankruptcy would the CCJ be included and would the CCJ be cleared from the credit files? (Although don't suppose a CCJ matters when your registered as bankrupt) Any advice gratefully recieved as always - I would panic so much without you guys for help. Thanks x
  12. 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?
  13. 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 that the notice of Discontinuance is confirmation that the judgement is no longer valid. However this does not mean that the debt has been written off. Our Solicitors have confirmed that we can still pursue you for the debt outstanding." "Please contact us to arrange repayment of the outstanding sum" Can they really continue to chase me for the money? And what further action could they take knowing they didn't comply with the credit act rules - and have admitted that in writing? I have also checked my credit report and this is stating the the account is settled. Is there anything else I can do or should I just ignore them everytime they call/write? Many thanks for the advice - it has always been very helpful.
  14. 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.
  15. 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 were unable to locate copies of the paperwork regarding this however had these events not occurred I am quite sure you would have been chasing us for payment long before now. I hope that you will be able to update your system with this information, and that telephone calls regarding this containing threats of further action and requests for payment will cease. Could I please also request that both mine and Mr XXXX telephone numbers are removed from your system and any future correspondence regarding this is made in writing. Kind Regards
  16. 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 regarding this however had these events not occurred I am quite sure you would have been chasing us for payment long before now. I have been advised not to provide you with my copies of all the paperwork regarding this, and do not think that your lack of efficiency warrants the recent threats received regarding further action and requests for payments on a debt that wasn’t claimed. Could I please request that both mine and xxxxx telephone numbers are removed from your system and any future correspondence regarding this is made in writing. Kind Regards Does this sound ok - I'm a bit dodgy on the lack of effiency bit - don't want to upset them and push them into taking further action if I can help it. Thanks for the advice.
  17. 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 leaving a generic call centre number to call back on? I'm thinking then that they have been made aware of what happened (although not provided with any physical paperwork) and I can start collecting evidence if they continue to harrase me for payments on a debt they discontinued.
  18. 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!) Interestingly they are now saying that the debt is £25k and repayments have increased due to interest rate changes??? Which I haven't received any information about. Firstly I'm confused why would they not chase a debt for over a year and then suddenly start again - surely this would have come to light before now? Secondly should I send them the paperwork they are after - and if so which bits as the case did get quite far before they discontinued - I had filed a defence. Shall I just send them a copy of their Sols letter saying case discontinued. Advice gratefully received - I wonder if anybody else is getting this from them recently or if its just my paperwork they have lost. Thankyou
  19. 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
  20. 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?
  21. 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 value. NR themselves had processed and agreed a mortgage for the defendants on their residential property for more than 95% of the value. The defendant therefore believes that NR deliberately broke the terms of the agreement and as a result it should be deemed unenforceable. 2 The Defendant admits the receipt of the default notice (app 2). The notice failed to specify a date being a date 14 days after service of the notice or any date after service by when the Defendant was required to comply with the notice. Alternatively, the date specified in the notice by when the Defendant was required to comply was before 13 October 2008 which was not a date which was 14 days after service of the notice. Some of the text contained in the default notice does not confirm to the 1983 regulations. Specifically the underlined text in the "If the action required..." should be afforded more prominence as the test around it is in bold further, the "DO NOT" in the next statement is not even underlined, and it should be. Finally the default notice does not contain a signature from Northern Rock. 3. The defendant admits to receiving a Termination Notice (App 3) dated 8th December 2008 by reason of the matters set out at paragraph 2 of this statement and the requirements of section 87(1) of the Act, this was a step which the Claimant was not entitled to take. 4. Further, incorporated within the sums demanded by the Claimant are sums claimed for administration fees, late payment charges and legal costs (statement App 4). The Defendant beleives such charges are inaccurate and therefore inadmissable. 5. I believe the facts stated in this Witness statement are true. A lot of it is just re-jigged from the defence. Is this enough detail? I am not sure how much I should say aside from what actually happened which is we entered the agreement and received the notices. Thanks for the advice
  22. 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
  23. 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
  24. 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 Without prejudice to the generality of the facts and matters set out at paragraphs 1 above, the Defendant admits the receipt of the default notice relied upon by the Claimant, namely a notice dated 25 September 2008. Save that the notice was served upon the Defendant on a date thereafter and that service was by post, the Defendant is now unable to recall on what precise date and by what precise means the notice was served upon him/her. The notice failed to specify a date being a date 14 days after service of the notice or any date after service by when the Defendant was required to comply with the notice. Alternatively, the date specified in the notice by when the Defendant was required to comply was before 13 October 2008 which was not a date which was 14 days after service of the notice. 3 Further to the matters set out at paragraph 2 some of the text contained in the default notice does not confirm to the 1983 regulations. Specifically the underlined text in the "If the action required..." should be afforded more prominence as the test around it is in bold further, the "DO NOT" in the next statement is not even underlined, and it should be. Finally the default notice does not contain a signature from Northern Rock. 4 Further to the matters set out at paragraph 2, the Defendant avers the Claimant terminated the agreement on or after 8 December 2008 and pursuant to termination that the Claimant has since made demand of the Defendant for the payment of money the subject of this claim. 5 Further and in any event, by reason of the matters set out at paragraph 2 of this Defence and the requirements of section 87(1) of the Act, the steps taken by the Claimant and identified at paragraph 4 hereof were steps which the Claimant was not entitled to take. 6 The Claimant’s claim to be entitled to £24, xxxx or any other relief following termination of the agreement is denied. 7. In addition it is drawn to the courts attention that schedule 3, s11 of the Consumer Credit Act 2006 prevents s15 repealing s127 (3) of the 1974 Act for agreements made before s15 came into effect since the agreement is alleged to have commenced in 2005, the Consumer Credit Act 1974 is the relevant act in this case should it be suggested that this agreement comes under the Consumer Credit Act 2006. 8. Further to paragraph 1, 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 value. NR themselves had processed and agreed a mortgage for the defendants on their residential property for more than 95% of the value. The defendant therefore believes that NR deliberatly broke the terms of the agreement and as a result it should be deemed unenforceable. 9. Further, incorporated within the sums demanded by the Claimant are sums claimed for administration fees, late payment charges and legal costs. It is denied (if it be alleged) that the Claimant has incurred any such fees and charges, alternatively that such fees and charges if incurred accurately represent sums lost by the Claimant by reason of any breach on the part of the Defendant. Alternatively, the Defendant avers the incorporation of such claims is penal and unenforceable at law. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 [The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. Is this ok, am I missing anything else? Very grateful for the help and advice, would be lost without it! Still fighting this is slightly scary! Especially little old me against a big corporate company!
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