I am currently engaged in litigation against NRAM. This was a together mortgage comprising a secured element and CCA regulated unsecured element (under 25k). Like everyone else, I relied on the paperwork provided by NRAM. The mortgage offer did not comply with the MCOB (the figures did not add up, the interest rate did not match the repayment amount and so on). The CCA agreement did not state an amount for the amount of monthly payment, but had a paragraph like credit cards do. The interest rate on the CCA loan did not match the amount of repayments being made. Following redundancy I fell into arrears and focused on repaying the secured element only, notifying NRAM that this was the case (as there is a clause in the CCA contract about my being able to specify as such so they can't apportion payments - but they ignored me and did this anyway). Also the late payments fees were challenged as excessive. They ignored that. After a while of being ignored, they sent me a recapitalisation offer based on tacit acceptance and my paying the "contractual amount" that month, even though the contractual amount was in dispute. I made a payment as best I could, but NRAM never said the recapitalisation had not taken place. In any event, they were still ignoring my legitimate concerns. After some more time, I sent them a compromise letter offering revised terms, and a cheque for them to cash if they accepted those terms. They cashed the cheque but did not reject the terms or write to me saying they were holding the funds to set off against the mortgage - so they accepted the compromise terms. I then made payments on the new terms for 2 months, but they proceeded to instruct an LPA receiver, contacted the tenant (who was on housing benefit) and managing agents. The local authority stopped the tenant's housing benefit so they could determine "who the owner of the property is" but the receiver never sought to contact the local authority, instead evicted the tenant after 6 months of no rental income, then sold for £20k below market value, claiming a shortfall of around £50 was due to them (which includes the charges and fees plus interest).

 

Despite the fact that my action against NRAM is on a CFA with solicitor and barrister and ATE insurance AND despite the fact I have no property or income, NRAM have counterclaimed against me for the £50k and will not engage in any way in mediation to settle the matter - if I win, they will have to write off the 50k and pay my costs and some damages, but they are happy to go to court knowing I have nothing so even if they ultimately win, any judgment against me can only be "enforced" with bankruptcy - so they will have to write off the 50k, plus whatever their costs are. There is no commercial logic to their approach whatsoever, they appear happy to rack up costs that will be written off later and appear content regardless of the cost to the taxpayer. It is a complex case with several issues, but basically my claim is for twice as much as theirs and they know that if I lose I will seek to appeal, but I think if they lose they will too.

 

Having looked at this thread, there are clearly lots of problems around the together mortgages and the way NRAM conducted itself, but very little appears to actually be happening in terms of complaints to regulators, or action through the courts.

 

I would like to hear from ANYONE who is engaged in litigation against NRAM, or has complained to a regulator, as many of the issues here appear to relate to the same or similar issues of conduct/behaviour and what the contracts actually said - collaboration between different NRAM "victims" would certainly help to ensure a continuity in dealing with them.

We have started and action group called nram action group . Org . Uk can't post links here.

We are helping someone as nram are going for repossession, at the hearing judge sent nram away as the paper work they had didn't constitue a lawful mortgage in uk,

If you are able to pm your email I can put you in touch with rest of our help....

Hi Ceira

Been following your work on MSE so I'm a member here and glad to see you here!!

Iv had my redress applied but like you I'm disgruntled- just who do they think they are- No consultation no choices etc etc etc.

Would my next stage be a complaint? Are you trying to get the money back rather than a re/structure of your mortgage?

 

Cheers

 

C

 

 

UOTE=ceiralennon;4201872]Hi there,

 

I have started an action group called nram action group org uk for all disgruntled customers.

 

Have a look at the website and sign up as we need as many people as possible in order to take it further.

 

We are working on a lot of content to add as there seems to be so many issues with nram. We are also talking to Which, who might be able to back a super complaint to the FSA.

 

All our complaints are with the FOS and with a specialist team which seems positive. So fingers crossed we can get some sort of action from them.

Hiya, I would definitely complain officially to nram, they will not uphold it, then you send it to fos. There is so many complaints about nram with them they are looking at a mass complaint so the quicker the better.

Keeps us updated.

Thanks

Ceira

Hi there,

I have started an action group called nram action group org uk for all disgruntled customers.

Have a look at the website and sign up as we need as many people as possible in order to take it further.

We are working on a lot of content to add as there seems to be so many issues with nram. We are also talking to Which, who might be able to back a super complaint to the FSA.

All our complaints are with the FOS and with a specialist team which seems positive. So fingers crossed we can get some sort of action from them.

How have things progressed with this?

I have set up an action group called nram action group org uk. This is for all disgruntled customers and we are working on a press release to highlight all the issues with them.

The website is only a week or so old and have attracted a large response, we have plenty content still to add as it was initially set up to try and get our redress paid back directly and not on to the loan.

Keep at it, send a letter before action or get lawyer to do it and certainly worth small claims court, you can represent yourself and they wont win. They are *****.

I have set up an action group for nram customers - www nramactiongroup org uk.

Hi Ceira,

 

I have unapproved your post due to external links.

 

Please contact admin on [email protected] (no spaces) before posting any further links.

Oh sorry was only letting the nram customers I have now got a wee action group together called nram action group org uk and was looking to take our compliant as far as possible, Which might back us but need the support from everyone of this can go anywhere.

You get an instant reply that they will deal with it and confirm in writing to you. I have sent a few complaints via email and that way it is recorded and you have proof you sent it and they have received it by automatic email reply.

It's quicker easier and doesn't cost!!

Pay off the unsecured loan, you should be due redress if your loan was under 25k and covered by cca

http://www.nramactiongroup.org.uk

For nram email them on [email protected] , that way it is recorded and they get it instantly. Anything I can help with ?

Hi Guys,

I am exactly the same, so I have started a NRAM Action Group to deal with all these matters, they simply cannot dictate how this is repaid.

Please join our cause, pm me your email and I can direct you to the other pages.

website nearly finished - http://www.nramactiongroup.org.uk

Hi Guys,

We have now got NRAM Action Group almost together, please see website created to deal with this as WE need to take them on now.

http://www.nramactiongroup.org.uk

http://www.facebook.com/pages/NRAM-Action-Group/122282524599273 - PLEASE EVERYONE ADD THIS IF THEY HAVE FACEBOOK.

also on twitter and facebook on the above name.

If you need to contact me with any information you have please private message me and I will give email address.

We need all the support we can get so please get sharing.

Thanks

Ceira

Link for SAR request letter, I would include £10 postal order as that means they cannot delay in gettin the info, take out the part about letting you know if they need the fee.

https://docs.google.com/viewer?a=v&q=cache:q53Ps2msTVQJ:www.ico.gov.uk/youth/section4/~/media/AFB54807D563421FAB3C82C4109B0A41.ashx+dsar+request+letter&hl=en&gl=uk&pid=bl&srcid=ADGEESgLVp0aiIX7oJCxkKNNgwem_ChwFJVmVDeBJvhQ14eMttCMYKlCYtX7CN7rXTUmG3Gipf3-F2DC2GYcLeYgYuDvOCQXzHY0zscF6g-0HICrDKbSjdL0s3P0UO1vjxC-7Vnez6VL&sig=AHIEtbRR_wTXQeM3n4KXOJwuBhsmP6zRIw

For CCA request - include all info, mortgage account numbers (all of them) send £1 postal order, signed for or recorded delivery.

I am requesting my information under CCA 1974 section 77 -

A copy of the loan agreement

Account transaction history, statements and interest rates charged (APR)

A copy of the original application form

Terms and conditions relating to the account

All correspondence relating to this account

The accounting procedure used in formulating the agreement i.e. validation of the debt and its structure. The actual accounting process.

Prima facie evidence identifying whose asset was used to initiate and fund the account, in question, in the first instance.

A copy of the contract binding both parties

Verification of the claim against me i.e. a sworn affidavit or invoice.

List and other info you need, sign letter but score through signature so they can't lift it and copy on to agreements if you are asking for all signed copies. They can be very sneaky. They have 12 days to get it to you, if they go over they are in breach and cant send another letter of 12 days pass...

Letter used when a company fail to provide a copy of your agreement within the 12+2 working days timescale after your initial request for a copy of your agreement made under s 77/8 of the Consumer Credit Act 1974 (Highlights in red must be edited)

ACCOUNT IN DISPUTE

Date:

Ref:

Dear Sir/Madam

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 days after you made the initial request).

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into a default situation.

This limit has expired.

As you are no doubt aware section 78(6) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled , while the default continues, to enforce the agreement.

Therefore this account has become unenforceable at law.

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed Breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

Ok I'll post tomorrow when I get to my pc, the SAR request should cover it all, cost £10 in form of postal order and cca request is £1. I will explain all in next post.

Ok seems a big mess there, but does not surprise me, with nrams excellently admin skills.

Have you sent a SAR request and demand all your information dating back to then. There is good letter template on the site, if you can't I'll post template here, also send them CCA 1974 section 77 request for your documentation relating to the unsecured loan, they have 12 days to send you that info, 40 days for SAR request.

If they don't comply with cca request they are in breach and you do not need to pay that part of it until it is resolved.

If you search on similar law cases on cca unenforceable loans, they seem to say that it would give same protection if unregulated instead of regulated but I'd keep on at it because in a sense that is fraud having cca protection when in fact not, could possibly go for writing off the debt as it is fraud and classed as void!!

Yes do that!! I have spoken with head of legal at ukar and advised to put in email to him, he seemed ok, didn't really know his ass from his elbow tho, he didn't understand it was part of mortgage deal 'together' mortgage. But explained that it was far better to accept redress on loan as it benefits us much better. I wanted to know where in law does it state company decides redress method, he couldn't answer and asked for it in email!!

I know lol, has some good info tho!!

I will post more when I have it but I am passing my complaint to fos today so now have to wait I suppose! But one thing is for sure, I will not be dictated to by Nram!!

I would urge you to check out this thread from the beginning, unsecured loans over 25k are not affected but say are covered by cca, I also have another thread from class action. The more we sign up for a super complaint then fsa and fos have to do something about it.

http://forums.moneysavingexpert.com/showthread.php?t=4339593&page=55

well I got my redress statements through on Friday and what a shambles it is.

 

Provides me with all of the annual statements from 2006 to date, gives me everything re: the mortgage which of course isn't covered by the cca and so unaffected by the NRAM statement issue, however the pile of paper they sent doesn't give any actual figures re: the amount my CCA loan has been redressed by, what was the amount of interest applied whilst they were non compliant, nor any other detail which might enlighten me as to my redress.

 

So I called them: atr first I got FOBBED, told that he had no idea and that he would pass it onto a colleague for investigation.

 

Called again a little later and got the one who was in possession of the on duty brain cell, after a lot of too-ing and fro-ing in answer to my question of why can't I just have my money back, the guy on the other end of the phone stated that I should be grateful because they weren't legally compelled to pay me anything - (I requested that he send me this in writing)

 

Apparently the actual redress made by NRAM is that the term of my loan has been reduced by 4 years or so, removing almost £3k from my loan balance, would rather have the £3k in my pocket

I am exactly the same, I have officially complained about method of redress so I know what answer will be, simple no, the of the fos I go, I have had advice and only way is for a Judge to decide if they pay u directly. Lots of us on money saving expert forum in thread Mse news northern rock gaffe pay 270 million - check that out, it ha has over 100,000 views and my user Id is lennonc1 join the crusade. Where in country are you as class action seems a good idea!!!

I haven't had any further letter regarding this, my unsecured loan on mortgage is for £10,000 any idea if I will get anything back or deducted

Go online to their website get the number and call and ask, is your loan, I am fighting the case that I want the money not onto mortgage hopefully will get some news over next couple of weeks

i phoned NRAM today - never asked about a cheque refund but did query whether or not I would be able to have the amount taken off the mortgage part of the together product - rather than the unsecured loan.

 

I was told this is not an option - I asked if the CCA specifically stated that when redress was required then this is the correct and only process to be followed - they said it was.

 

Im thinking of raising a complaint and asking them to point out exactly where in the CCA this is stated - surely if it was then they would have mentioned it in the letter!

Yes do that, I have read quite a lot of the act and still making my way through it but I have not came across anything relating to method of redress,

On advice from my lawyer today he clearly says - Tell them you want a cheque, it is your right. Log your compliant with them and see what outcome is, then escalate to FOS - Or take them to small claims court, relatively easy and can represent yourself.

Hi there, they have already given us an answer - got letter earlier today. It says -

The interest will be credited back to your account balance.

We have taken legal advice and believe that our proposed method of remediation is the most appropriate course of action .

By crediting your account rather than paying you cash, all we are doing is crediting back to you the interest that you have already paid to your loan. Effectively that means your loan will have been interest free for a period of time, also means your loan will be repaid faster.

As a result the impact on your account is positive and as a company we are able to fulfil our obligations to treat customers fairly,

Can this be done without our authorization? This is not a positive result for me. Am I within my rights to ask for direct payment as it came from my bank account?

Now I will have to start complaints procedure as this was only taken as a query they said. So i will have to get in touch with them and tell them I want it logged as a complaint, which it did say anyway.

I currently have a 'together' mortgage with Nram, so this is part secured and part unsecured. The unsecured loan is in breach of cca regulations and have notified all customers affected. I am affected and due redress, how much still to find out, others have already had redress and terms changed to reduce X amount of years. Now my questions is - can they (Nram) decide how this repayment of interest is paid? Also can they change terms without your consent?

Thank you in advance.

C

Do you qualify for your unsecured loan to be redressed, due to the non compliance of cca, all customers should have received letters already. Are you not on the base rate. I have together mortgage, 65k secured 19k unsecured and i am on base rate with both. I am in negative equity and would have to pay a higher interest rate if i sold and still had unsecured loan to pay with interest from 4.9% to 16% which is daylight robbery.....