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will lliw

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  1. Already got a thread in Legal section about this: http://www.consumeractiongroup.co.uk/forum/showthread.php?275936-Northern-rock-asset-management-v-little-old-me&highlight= Sorry but whats PDQ??
  2. Hi MandM, big thankyou for your reply To answer your questions, I have not claimed on the PPI but I did request a claim form, and then threw it away due to its complexity. When i took out the loan I was told I had to have the PPI if I wanted the loan, I recall being quiet miffed at the time and this was nearly 6 years ago so I must have been mad to remeber that!! I agree with you about the liability, it almost reduces by half what NR claime I owe, so thats all good its just figrung out how I go about claiming that back, ether by counterclaiming or going the consumer Q route but as you say I dont have the luxury of time here! Im currently at AQ stage and need to get that posted by end of week, I have submitted an embarrased defence as I didnt have the docs on the POC. I have recieved the docs now following a CPR 31.14 and need to go through them with a fine comb to put a proper defence togethor! Do you happen to know what timescales are involved from AQ stage to hearing and if its possible to submit a new defence in this phase?
  3. Hi dx100uk, thanks for looking in. In answer to your question, Northern Rock have already started a claim against me for this unsecured loan and I am at AQ stage. I want to reclaim the PPI as it was miss sold, when i tool out the loan I was told I had to take the PPI or could not have the loan! Im not sure how I should proceed to claim back the PPI, now that a claim is already in progress against me! That little vioce in my head is saying you probably have to counterclaim in the current case but ive never had to do that before. ive also read some threads that suggest adding PPI costs to the loan amount is against CPR and so renders the CCA invalid but then I cant find a definitive anser on this issue at all!
  4. Can somebody please help, even if its to say your doomed I would appreciate a reply! I have posted in the PPI forum to but no responce there ethier. As I sit here and think about all this I realise I am struggling to frame the very question I need to be asking, given that NR have already started a claim against me for thhis loan, should my PPI claim now come as part of my defence to this claim or should I send off the FOS consumer questionnaire to NR and persue the PPI this way, possibly getitng NR to rewrite the loan minus PPI. Any replys welcome, even if to just prove my ramblings make any sort of sence at all.. Thankyou
  5. 67 views and not one reply, starting to fear the worst here!! Does anybody have anykind of answer for me or perhaps have a link were I can find more resources, thanks....
  6. Hi DT&FE and thanks for posting in my thread, I wasnt getting much of a responce so happy to see you here! I see you may have dealings with Salans aswell, do you know if they are welcomes in house lot as they are based in newcastle same as welcome I believe? I ignored Salans initial strongly worded letter as I said I would and have recieved a second letter as a result a few days ago. This second letter has a much better tone to it, obviously they start by letting me know how disappointed they are at my failure to respond to them despite several attempts at contact lol. They then go on to suggest that welcome wish to aviod enforcement proceedings (change of language here from first letter threatening possesion proceedings). It seems welcome are willing to look at my individual circumstances with a view to a mutualy acceptable outcome. Lucky me lol So thats where im at with this lot and Im not worried in the slightest as I think they are trying it on, becasue as far as possesion goes I dont think they have a chance. This is due to the small amount of debt welcome have secured in relation to the mortgage value and equity remaining. I cant see my mortgage company allowing welcome to take possesion and so I think I might just let the council continue filing Salans letters....
  7. Hi guys, im currently trying to put a defence togethor for a claim from NR for an unsecured loan i took out. Ive had quiet a journey this week trying to catch up on all of this stuff and as my head is spinning at present I would appreciate some help figuring this out. When I took out the NR loan in 2004 I was told on the phone that I had to take the PPI or there could be no loan. I didnt want the PPI as wanted to keep the monthly costs down but the lady on the phone insisted and so I had no choice aparently. I am now in possesion of a copy of the alleged CCA as it was served with the POC and it shows the PPI is added to the amount of credit and thus interest is charged on it! I think this is mad and it does increas the loan by a huge amount. This is the bit I am not sure and if anybody can help as i dont have alot of time left to tackle this! Heres the CCA if theres anybody who could looke at the financial figures and see if the PPI cost is correct....
  8. My heads spinning today, spent all morning trying to figure out if my CCA is correct but im having a really bad day!! no responce to my thread here so far leads me to start thinking im doomed! Cant find very many other northern rock threads to go by, not looking good at all If anybody can help in anyway I would apreciate it very much, I have to file my defence by next tue and so far I have nothing! Heres the CCA with personal stuff cut out hopefully somebody with a wise eye can exam it
  9. I could really use some help with this one guys please, have drafted a CPR 31 letter and psoted below but not sure if its ok. Its the one I used last year fro another case. could somebody please have alook and let me know what you think...... The main issues for me to understand with this are should I be asking for the CCA copy again as it was served with POC and the buisness of NR name change is a mystery to me to. Im thinking it may be similiar to a notice of asignment issue, but can a party to a CCA change there name like this and if they can do they have to inform all parties involved?? CPR 31 draft...... Dear Sir, Re: Northern Rock (asset management) PLC –v- will lliw CPR 31.14 Request On 19 August 2010 I received the Claim Form in this case issued by you out of the Gateshead County Court. I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim. Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim: 1 The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. 2 The default notices. 3 A registration certificate dated 31st of December 2009 showing the name change of the claimant. 4 The written demands Your client should ensure compliance with its CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case. Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party. In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence. If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing. Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order. I do hope this will not be necessary and look forward to hearing from you. yours faithfully
  10. Good idea Major thanks, have just paid £4 to see the title register and can confirm welcome have a charge registerd I saw a sticky about charges earlier so going off to read that now, see whats what.....
  11. A copy of the CCA was also included, it was a fairly decent copy with both theirs and my sigs. Will scan and post as could do with an expert eye to look over it. I think my next step is to send a cpr 31.14 to get hold of the DN and Registration certificate, as my CCA is with Northern Rock PLC not Northern Rock asset management PLC. Then file my embarrased defence as I wait to recieve the docs from the cpr 31. But thats all I have to go on at the minute, I also have PPI issues as I was misold and will head over to the PPI forum shortly to post there, right now my neck is sore as I been sat here all day working on this....... Is it correct that mis sold PPI does not render the CCA un enforcable??? There seems to be lots of debate about this issue, I only hope so as I dont have much of a defence yet! Thanks in advance W
  12. Hi caggers, Just want to say thanks eveyrone here as this is a great great site with many great people! I have been reading all day and decided I need to post this as feeling a bit dizzy with the information I have gleaned so far and need to start the ball rolling as you do...... Right here goes... In 2004 I took out an unsecured Loan with NR and due to ill health and change of job I havent made any payment since middle of last year [2009] and then that was an agreed reduced amount due to financial difficulties! I have till next week to get my defence off to court having received a claim from Northern Rock asset management a few weeks ago, being heard in Gateshead. This is not my first "fight" but it will be the biggest as its for a sum in excess of £20K, I havent been looking forward to this but I knew it was coming so without further ado.... POC ---------------------------------------------------------------------------------------------------- 1 a) By a consumer credit agreement in writing made between Northern Rock PLC and the defendant made on or about XX XXXX 2004 the claimant agreed to advance to the defendant the sum of £xx. A copy of the loan agreement is attached to these proceedings pursuant to CPR PD16 7.3(1). The said sum was advanced to the defendant on or about xx xxxx 2004. b) By a registration certificate dated 31st Decemeber 2009 the name of the claimant Northern Rock PLC was changed to Northern Rock (Asset Management) PLC 2 The said loan togethor with a charge for credit calculated in accordance with the terms of the agreement, was repayable by 84 consecutive monthly instalments of £xx 3 The said agreement provided: a) That shoulod the defendant fail to pay any of the monthly instalments on time or in full, the claimant might reqiure the defendent to pay, inter alia, the outstanding balance of the total amount payable under the loan agreement and any other sums unoaid under the agreement and b) That the defendent agreed to pay the costs and expenses which the Claimant would incur for obtaining payment, should the Defendent fail to pay any sum on time or breach the agreement. 4 The defendent failed to pay instalments as contractually obliged under the agreement and thus, fell into arrears. 5 Pursuant to the consumer credit act 1974, a notice of default dated xx xxxx 2010 was sent to the defendent by first class post the next working day, which notice reqiured the Defendent to remedy the said breach by xx xxxx 2010 6 The defendent failed to remedy the breach within the said period. By a written demand dated xx xxxx 2010 and served upon the defendent, the Claimant demanded from the Defendent repayment of the outstanding loan balance of £xx, being the balance of the loan (which includes the sum which represented the arrears at the time of default) 7 The defendent failed to repay the balance. Therefore the Defendent remains liable to pay to the claimant the said sum of £xx, being the balance of the loan (which includes the sum which represented the arrears at the time of default) 8 Despite a further written demand made by the claimant solicitor dated xx xxxx 2010, the defendent has continued to fail to pay the said sum. The claimant therefore claims: (1) £xx being the balance of the loan (which balance is inclusive of the arrears at the time of default and interest pursuant to the agreement) (2) Costs upon an indemnity basis pursuant to the agreement. Statment of truth etc......... ------------------------------------------------------------------------------------------------------------------------ So thats the POC and also attached is a notice from hmcs that I am not sure about, saying.... Please note that your part 7 claim is subject to an Automatic orders pilot scheme effective from 1 October 2009 to 30 September 2010 pursuant to part 51 of the civi procedure rules. The following automatic orders apply: 1. Where any party fails to file an AQ within the time period specified, the court will automaticcaly issue a notification that the defence/claim/counterclaim/will be struck out automatically if an AQ is not filed within 7 days of service of that notification. 2. Where a party in a fast track case (where there is only one claimant and one defendent) and upon expiry for the date of filing a pre trial check list, the court will automatically issue a notification that the defence/claim will be struck out automatically if a pre trial checklist is not filed within 7 days service of that notification 3. Where all parties indicate on the AQ N150 and N151 that they request a first stay on a claim, the court will automatically issue a stay for one month. ------------------------------------------------------------------------------------------------------------------------
  13. Thanks for posting beyondhope, I think I might just call there bluff and continue to ignore them unless a better plan turns up fast!
  14. Hi fellow caggers new and old. I have a small secured loan with welcome that i took out a couple of years ago, I have not made any repayments since before christmas due to ill health and redundancy and I did not have ppi! My problem is that welcome ( through Salans LLP) are threatening to seek to enforce the charge over my property by way of possesion proceedings, but the loan is only 1% of the current market value of my house! I have never before defaulted on a secured loan and as such could do with some help and advice from my fellow caggers. Can welcome actualy get possesion even though the charge is around 1% of the house value? What about my mortgage company, wont they be ****ed? What is the general process creditors take with a defaulted secured loan? Thanks in advance... W Can welcome take possesion
  15. Hi guys, thanks for your replys. I got through to somebody on the phone and paid up £30, wont be making that mistake again!
  16. Hi folks, I have received one of these thingys from a council car park and not sure how to tackle it. I did park without a ticket but I was visiting family who live in a town center flat and parking is a nightmare with all the shoppers coming and going! There was a max stay of 2 hours I think and as I was overnighting I was screwed. I have parked here many times without a ticket and not been penalized! This morning I phoned the council to pay the reduced amount of £30 within 7 days, but as stated on the notice there was no automated system and I was put through to somebody's answer phone where I left a less than pleasant message! I was prepared to pay up this morning but now they can dream on after that farce on the phone, does anybody have any further info on fighting these things?? I have searched but my time at present is limited and so would appreciate advice from any caggers who have traveled this road already!! I do have the notice scanned and ready to post if need be
  17. Thanks for replying, no point in causing any stir then I'll just go with and hopefuly keep my nose out of trouble Many thanks
  18. Hi folks, have searched around but cant find a thread that might answer my question so would appreciate input from the boarders on this one... I have accepted a job offer verbally from a small company and have been working that job since the start of the month and actualy enjoying my work for first time in 10 years!! I have recieved the offer in writing and need to sign it and send it back but am a bit miffed as the letter states I am on a 3 month probationary period! I know this is a common practice these days as I was in managment before this job, but it was not mentioned at interview or when I accepted verbally! I dont want to rock the boat but do feel a bit hard done by, should I just accept it and be thankfull I have a job? Any thoughts on this issue would be appreciated. Thanks W
  19. Hi, Im in a similiar boat as I to have just taken voluntary redundancy and I intend claiming CB JSA and Council tax benefit. My "redundancy package" is over the £6K threshold and After doing some research I have discoverd that benefits will not be affected if you have savings upto £6K but if you have more than £16K you are disqualified from claiming most benefits. For savings between £6K and £16K your means tested benefit (IR JSA, C TAX H BENEFIT) will be reduced by £1 for every £250 you have saved. I am led to believe that CB JSA is not means tested and so savings are not taken into aco****. Hope this helps and if im wrong then sue me!!
  20. Morning! Plenty of post today including 3 identical bills form BT lol but no cheque in post. However, I was rudely awoken at 11:16 by a diffrent Jane from HR to let me know my cheque is ready and waiting to be collected. So I now have my cheque in hand which is a great relief I can tell you but I cant see it clearing this side of newyear which is a shame. Incedently the cheque is initialy dated for 16 Dec in blue pen but this has been crossed out with black pen and redated for 23 Dec. Very strange.. Have agreat christmas Teaboy and everyone, might be back later today if not will catch up with you in a day or two.
  21. Hi Teaboy, great reply you've definitely cheered me up alot with that Kbam of action and the possibility of a beverage binge to mark the start of 2010!! . didn't get any post today I suspect it may arrive in the post tomorrow, not actually sure if there is a post Xmas eve tbh but anyway its to late now for Christmas and I think thats what the "Gods" wanted as a final parting swipe. I also have started to wonder if they may even try to frustrate me further by not sending the cheque until my notice period ends in 9 weeks or so. My letter posted above did not specify a date to be paid by but simply said: "You will receive your redundancy payment by cheque following your final day with the company" Ayhow, I will gladly take your offer of assistance with gratitude and will up the stakes by committing to see you half way on the biscuit fund!!! Lets see what turns up tomorrow :-|
  22. Sounds excellant to me, lets get a few barrels and stake out the gates of commerce!!
  23. I'm so angry with this carry on, why do they (the self proclaimed gods who "run" this business) have to be such frustrating assholes. My expectations are reasonable I think, I just want my redundancy cheque that was falsly promised last Thursday!!! Rite now Im ready to burn the factory down to the ground but not before I rip the head off the frustraters and bullys of this "enetrprise". Obviously a fantasy but a bloody nice one at the minute!!! I have made two trips down to HR today, trip 1 at 2pm to find a notice on door saying they are closed for a meeting untill 4pm. I return at 4:10pm and told by "Jane" "I have your cheque but still waiting for it to be signed". I was so angry I just walked out slambing the door firmly behind me, half way to my car I nearly about turn to cause a scene but manage to control myself. Who issues a cheque without signing it? Im starting to think im going to charge them interest at 8% for everyday more I have to wait for my cheque! I wonder has anybody ever tried this before?
  24. Lol thanks teaboy, gunna be a bit chilly so gunna need planty of hot bevergae, would appreciate if you wouldnt mind nipping to the conrner shop on your way down here to get the milk!!
  25. Yeah I just phoned and to be honest I am amazed at what was said in a "not really you should have known that was the attitude kinda way".... Basicly the telephone conversation went like this: names changed for obvious reasons... Ring ring, ME: Hello, is that Jane (My HR contact) JANE: Yes ME: Hi how are you? JANE: I'm good thanks how are you? ME: I'm ok thanks, but I was hoping for a nice little suprise in the post by now. JANE: Yeah, I couldnt give you the cheque before your last day anyway sorry. ME: I kinda figured that one out, but you implied you could and would try at the meeting last week. JANE: Key people who are the only ones who can sign the cheque are very difficult to get hold of, they are like gods. ME: Well thats the companys problem right there isnt it, head people walking around believing they are gods, but I dont see any miracles going on. JANE:Yeah lol, I will try and get it signed for you today as the relevant "GOD" is in this afternoon. ME: Well thankyou, and if that could happen before 3pm so I can bank it then that would be great. JANE: I will see what I can do. ME: Thankyou, I appreciate your help. End of call. So there you have it, confirmation that those in positions of power believe they are gods and can play with the honest folk to there hearts content. I am going down there at 2pm and I may well just have myself a sit in untill this god decides to show his face and perform a miracle for me !!!
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