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Everything posted by Stornoway

  1. Okay, a bit of an update. I wrote to NR and their lawyers on the 19th Dec (letter was faxed to them) requesting copies of the default notice, credit agreement, letter before action etc and asked that this be supplied within 7 days. It is now 16 days later and they have not provided the documentation. The letter highlighted that I dont live in the UK, never received any default notice and the account is fully up to date. I have received an email from their lawyers on the 23rd Dec stating "we advise that we have taken our clients’ instructions and they have requested that we stop the action in relation to the above account. However, we note from your letter of 14 December that you were going to lodge a Notice of Intention to Defend and on checking with the court today, they have confirmed that a Notice of Intention to Defend was lodged on 19 December. Accordingly, we are unable to close our file at present and will have no option but to enter into process at Court to bring the matter to a conclusion. We trust this information is of help." I think (hope) that this means that I've won but I havent been able to contact NR's lawyers over the christmas period to see what happens next and my defence requires to be lodged by 7th January which is obviously now very tight. I'm therefore minded to put together a defence and lodge it before / on the deadline to protect myself. I'd very much appreciate the views of some of the more legally minded CAGGERS (are you out there Rory ?). I'm working up a defence at the moment and will post later but would really appreciate feedback from some of the other CAG users.
  2. One important thing to remember is that if there is no CCA then the loan still exists - they just cant enforce it. So, you'll probably have years of being chased by DCAs and you may even have to defend yourself in court (which you would win because there would be no CCA). I'd therefore CCA them and if there is no agreement then make them an offer - pay them £800 rather than the £1600 balance ? Its still a great outcome - 20% of what you originally had outstanding.
  3. I felt sorry for that bank manager - he didnt steal £21m he basically gave loans to people without getting the proper credit approval internally. Some of the loans went bad and he was found out. No doubt he was under huge pressure to sell from his employers and it all spiralled out of control. The £37k he was accused of stealing was because he recd a higher bonus based on the amount of forged loans he granted. Whilst he was on bail I heard he was working in an Edinburgh supermarket stacking shelves - quite a come down. He also lost his bank pension, was divorced and is basically left with nothing....
  4. I think you'll find that he worked for RBS not Bank of Scotland (as stated in the thread title) - RBS is of course a completely separate organisation.
  5. Its the legal principle of "set off" - all above board from a legal perspective. Once Lloyds and HBOS merge the same thing will eventually apply to accounts beyween HBOS group and lloyds
  6. How much roughly is the sum they are claiming? 20k
  7. Thanks Rory - it is Ordinary Cause unfortunately. Any idea on where I can get more info about Together loans being unenforceable ? Are you also able to advise on the timescales from now / what happens next ?
  8. Your good intentions are much appreciated. Whilst I think I have a good case, this has really spoiled my christmas......Northern Rock are the pits.
  9. In terms of the process in Scotland, can anyone tell me when I need to lodge the defence by ? I sent in the notic e of intention to defend but I dont know how long I have to lodge the actual defence. Thanks.
  10. Thanks Von Greenbach. My case is in Scotland so slightly different rules and CPR doesnt apply (I think !). In terms of the mail its a nightmare for me because I'm abroad so I cant send guaranteed next day delivery.
  11. Here is the wording from the writ. Initial writ in causa Northern Rock v Me (old address) The Pursuer craves the court; to grant decreee against the defenders for payment to the pursuier of the sum of xxxxxx with interest thereon at the rate of 8%% pa from the date of citation to follow hereon until payment. To find the defenders liable to the pursuer in the expenses of the action Condescendence The pursuer is NR [address]. The defenders reside at [address]. The defenders have resided at said address for in excess of 3 months immediately preceding the raising of this action. The pursuer has no reason to believe that there is any agreement to prorogate another court to jurisdiction or any other proceedings in another court in respect of matters raised in this writ. The court accordingly has jurisdiction. The pursuer entered into a CCA ref number xxx dated xxxx [2004] with the defenders in respect of an unsecured loan. A copy of the agreement will be produced. The defenders failed to maintain payments of the instalments due in terms of the Agreement. The pursuer served a default notice on the defenders. The defenders failed to make payment of the sums due in satisfaction of the default notice. The pursuer terminated the agreement. Upon termination the defenders are liable to make payment of the balance outstanding in terms of the agreement. The balance outstanding is xxxxx which is the sum craved. The defenders have been called upon to make payment of the sum sued for but have refused or at least delayed to do so. The action is accordingly necessary. Pleas in Law The sum sued for being due and resting owing under and in terms of the parties contract as condescended upon, decree should be granted as craved.
  12. I'm planning to send this request off tomorrow to NR's solicitors. The wording is taken from some advice Rory gave elsewhere on the site. In the XXXX Sheriff Court Pursuer -v- (YOUR NAME) Claim Number: (CLAIM NUMBER) Dear XXX REQUEST FOR INFORMATION I have received a recent court claim from your organisation. Please note that I live in [abroad] and have never received a Default Notice from Northern Rock. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, I request you to provide me with the information and documents detailed below. I request that the information should be furnished within seven days of the receipt of this letter. If you fail to comply, it may hamper proceedings and result in me filing an unnecessary defence or counter claim. 1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. 2. All records you hold on me relevant to this case, including but not limited to: a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention. c. True copies of any default notice or enforcement notice that you or the original creditor reportedly sent me, with a copy of any proof of postage that you hold. d. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers. e. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied. f. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998 g. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed. h. Copies of statements for the entire duration of the credit agreement. 3. Any other documents you seek to rely on in court. I must advise you that if the information is not forthcoming, it may delay or frustrate the equitable resolution of this matter and result in unnecessary cost for both parties. Yours sincerely,
  13. They just dropped it straight away but that is very unusual and from other CAG posts i've seen since they appear to have chnaged policy since then. Without a valid CCA you still owe the money and they can still chase you but they cant enforce the agreement in court. In my case I didnt even ask them to write off the debt - they simply "discharged" me from the debt.
  14. No there is no standard security because the mortgage has been repaid. This is for an unsecured personal loan. I'll copy out the terms of the writ tonight. Its now fully up to date and no arrears. Thanks
  15. The couldnt find my RBS credit card agreement when I sent a CCA back in early 2007 and subsequently "discharged" the debt without me having to pay it back. Since then they have decided to play much harder with epople in the same situation but you should definitely CCA them. You should also be aware that if you ask for reduced payments and this is agreed by RBS then it will show in your credit file. I dont know how important this is to you.
  16. I really wish I had never had anything to do with Northern Rock. Ever. Back in 2004 I took a Together mortgage and personal loan. The mortgage was refinanced in Sep 07 but the personal loan is still with NR with around £22k outstanding. Back in Jan / Feb 06, I hit some problems and missed 2 and a 1/2 months of mortgage and loan payments. I brought the account up to date in March but not before they decided to take me to court. After much pleading they eventually agreed to stop the action. I then moved abroad in Jan 08 (EC country) and all was well until I somehow managed to miss payments on the loan account in August and September this year (S/O problems). The Oct and Nov payments went OK and I made double payments in each of these months to catch up. However on 3rd Dec, my tenant in Scotland (Ive kept my Scottish house) received a writ through the door (not in an envelope) as NR have decided to take me to court. I think (hope) that I have a good defence to the action in that ; 1) I've never received a default notice as NR have continued to write to me at my scottish address despite me writing to them in january to advise of the new details. (I'm assuming that they cant rely on any default notice sent in relation to the arrears in 2006 for the latest action). 2) I'm a resident of another EC country. I can prove this as I am an overseas tax resident and have notified the inland revenue accordingly. NR are a complete nightmare - I've been hugely embarrassed by the court docs going to my tenant and all because of 2 months arrears which were paid off before the action even started. I also phoned them on the day the court docs were received by my tenant to say that I understood some form of document had been sent and could they tell me whether action was being taken - they replied that no court action was underway and this has left me with less time to respond to the action as the docs had to be posted to me and were delayed in the christmas post. I've now acknowledged the action to the court and stated that I intend to file a defence. Can anyone help me with the wording for this ?
  17. Your first step should be to do a CCA letter to check that there is a valid agreement in place. Have you also had any charges on the card that can be refunded ?
  18. The key reason for shops to insist on the refund going to the same a/c is to stop fraud - ie you use the card but the transaction is below the shop floor limit with their bank and your a/c may not actually have been checked for funds etc. If there is a period since the transaction went through (say 7 days +) then it should be easier to argue that nothing untoward is going on. You could also claim that the card has been lost or the account closed. The shop should then be reasonable although you may hve to argue....
  20. Whilst not perfect I do think a max of £140 a month is a helluva lot better than the £90 a day (for 3 unauthorised payments) + £28 monthly charge that is in place at the moment with Halifax. Most people who slip overdrawn by mistake do so for a couple of days or a week at most. I personlly think this is a great step in the right direction.
  21. Simplicity lies at the heart of a unique new current account, to be launched next year. It is expected to be the clearest and most transparent account on the market. New Reward account Credit interest will be replaced by net cash payments of £5 a month when accounts are funded with £1,000 or more, regardless of their debit or credit balance. Existing arranged and unarranged overdraft fees and interest rates will be replaced with a daily fee. Unlike other offerings on the market, the Reward Current Account has no catches in order to qualify for the £5 net monthly payment. Traditional unarranged overdraft fees will be removed. No debit interest or monthly unarranged overdraft charges will be applied. Customers using an arranged overdraft of up to £2,500 will be charged £1 per day for each day they use their overdraft. For those using an arranged overdraft of over £2,500 a charge of £2 per day will be applied for each day they use their overdraft. Customers who use an unarranged overdraft will be charged £5 for each day they use it. It is intended that all Halifax and Bank of Scotland accounts will move to a daily overdraft charging structure like this during 2009. In the interim, customers can continue to use their existing accounts as normal. All customers will be able to move to the new account from 8 February.
  22. BBC NEWS | Business | HBOS to change most bank accounts
  23. I havent seen that post myself but I would be surprised if it were true. My understanding is that even though the debt may be unenforceable, the debt is still outstanding and the bank can still chase you for the monies. So you face probably a long period of DCAs chasing you for cash with you reverting to say - sue me.....(they obviously cant successfully take you to court without a valid agreement). Some have even been known to chance taking someone to court without a valid agreement because in many cases the borrower will not defend the action.
  24. Their products can be more competitive as long as B&B dont increase their overall market share - as soon as that happens they will have to pull their mortgage range and offer something worse.
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