Jump to content

Bigjazzy

Registered Users

Change your profile picture
  • Posts

    6
  • Joined

  • Last visited

Everything posted by Bigjazzy

  1. Hi I was wondering if someone had any knowledge of who a decree could be transferred when a debt is sold. I am aware that it would have to go back to court under section 88 of the Debtors Act. The Act says that the new company would have to provide "(b)the assignation (along with evidence of its intimation to the debtor), confirmation as executor or other document establishing the applicant’s right." Majority of debts are sold without any formal documents such as being assigned etc. I for one have requested debt collectors in the past for such information and to date no one has yet provided anything to this effect. How easy is it to try and get a Decree changed to a different company who acquires the debt. Has something like this happened in the past? I have searched the internet and various forums but cant find anything relating to this? Thanks
  2. UPDATE: This is very interesting and I have now looked through all my previous paper work. I did a SAR's to NR in 2009 and I still have all the paperwork relating to the loan over £25,000. Took out a NR mortgage in 2006 (not the together mortgage). Did refurbishment to the property and in 2007 went direct to NR (no broker) and re-mortgaged in excess of original sum + given the unsecured loan of £30,000. (Together Mortgage 125%). Unsecured element was a Fixed Sum Loan Agreement regulated by the Consumer Credit Act 1974. Feb 2009: Default Notice served under section 87 (1) of the CCA 1974 March 2009: Formal Demand with reference to the Default Notice of the previous month. April: Writ for possession of the property. Few months later: subsequent house repossession. at this same date the exract Decree (for the £30,000 unsecured element) was granted against my name . I am not clued on the whole CCA legalities, in essence if they don't recognise the loans over £25,000 under the CCA, then they have stumped themselves on issuing a default and applying for a decree? could that be why the decree isn't registered on trustsonline and on the CCA? But isn't it the courts who notify trustsonline of the decree? Sorry for so many questions...but can NRAM do now or what should my next step be, considering DC now chasing both Mortgage shortfall and decree?
  3. I had the Together Mortgage and my house got repossessed with a shortfall confirmed of £130k + further £30k for the unsecured element. As of last month the £30k should have been statute barred but in my paperwork I have come across an "Extract Decree For Payment" granted in August 2009 by the Sheriff Court in Scotland. It says at the bottom "This extract is warrant for all lawful execution hereon". The solicitor who was acting on behalf of NRAM attached a letter with this Extract stating: "we write to advise that our clients (NRAM) have instructed us to refrain from any further Court Action in respect of your unsecured loan meantime. However our client specifically reserves the right to enforce the Court Decree which they have obtained against you, which is enclosed. In the event you account is not conducted in a satisfactory manner the decree will be enforced against you" I have checked my credit file and also Tustonline.org and there is no dcree/ccj registered against me. So what exactly was this Extract Decree if it hasn't been registered against me? Would this mean as nothing is registered that this unsecured loan is now Statute Barred also as 5years passed since my last contact with them in March 2009?
×
×
  • Create New...