Northern Rock

[Murada]

Post deleted

[crinanjon]

I have a loan with NRock and they have failed to provide me with a CCA.

So I am refusing to make any payments to them.

Did you get a CCA from them?

[Murada]

Thanks for that - I take it CCA is the original credit agreement - I take it you just use one of the templates off here? How did they take your none refusal to pay?

[crinanjon]

If they dont send you the CCA then the debt in unenforcable. so far this year I have had 2 loans of £2k and £2.7k wiped out because of the banks being unable to provide the CCA. Now NRock have also not sent me the CCA so I sent them a letter stating that they can now stick it. If you want I can post a copy of that letter for you.

[crinanjon]

As soon as I sent the 'you can stick it ' letter, not one of the banks has bothered me since.

I only sent the one to NRock this morning, so they wont get it until tomorrow (and I think they are a bit busy at the moment!!)

[Murada]

I would be really interested in how you have dealt with them - how far down the road are you - had they threatened you with court action, how far in arrears etc?

[crinanjon]

I havent paid them for about 5 months. They kept phoning me and sending me letters, but as long as they dont send a cca then they arent getting a penny.

if they ever do produce the cca then I will send them a budget sheet that shows i can only afford £5 per month. (I will also say that other creditors have agreed to accept such payments). the worst case senario is I p ay them £5 per month, but I dont expect to hear from them again.

[crinanjon]

Here's a copy of the 'you can stick it' letter that has got me out of a few debts

 

 

Dear Sir/Madam

 

Re:- Account/Reference Number *****

 

 

As you are aware, on August 2nd I wrote to you via recorded delivery, which was delivered on the 03/08/2007, requesting a true copy of the signed credit agreement. I am entitled to this under the terms of sec’s. 77(1) and 78(1) of the Consumer Credit Act (CCA) 1974, I also enclosed the statutory maximum fee of £1 in the form of a postal order.

You wrote back acknowledging my letter and stating that a full copy would be “forwarded to me within 28 days”. In the mean time you have repeatedly bullied me into agreeing to payment commitments I could not afford.

 

To this date I have not been provided with a signed agreement under the consumer credit act within the required time frame, despite my properly formatted and paid for request.

I assume you are familiar with the consumer credit act and therefore well aware that the debt is legally unenforceable if an executed agreement cannot be provided within a certain timeframe. This timeframe has now passed, (as has the timeframe of 28 days stipulated by yourself).

 

I therefore do not acknowledge any “debt” to Northern Rock plc and I will not be making any payment against this "debt" as it is now unenforceable. I would also like to remind you that failure to comply with a CCA request is a criminal offence under the terms of the Consumer Credit Act, which I have reported to the appropriate authorities, including but not limited to the Office of Fair Trading, Trading Standards and the Financial Ombudsman. Also non compliance with the original request is therefore a complete defence to any court claim that is issued.

The Office of Fair Trading, Trading Standards and the Financial Ombudsman have been notified of your failure to comply with a CCA request and that you and/or representatives have committed a criminal offence under the terms of the Consumer Credit Act

I have been advised by Citizens Advice to record any further calls from Northern Rock and pass details of the calls onto the above authorities. They have also told me to pass any further letters from Northern Rock onto the same above authorities.

 

I have also taken legal advice and have been told that as this debt is now unenforceable, any further contact from Northern Rock will be deemed as harassment and will result in legal action against yourselves.

I know that you will write to me threatening legal action. I am happy for this to go to court as you will have to stand before the judge and admit to committing offences under The Consumer Credit Act 1974.

You may also decide to pass this onto a debt collection agency. As you have failed to comply with a CCA request, this will be seen as continued harassment from Northern Rock and you will be in further breach of the Credit Consumer Act of 1974.

I urge you to read the whole of this letter very carefully. As, as of today, the

18th September 2007, I no longer acknowledge any debt to you as you have clearly committed offences in repeatedly breaching The Consumer Credit Act 1974 .

Any further requests for payment from you or your representatives will be thrown straight in the bin and reported to the above trading offices, and any visits by collections agents will be refused and reported to the above trading offices.

Yours faithfully

[Dav3yBoy]

This is interesting.

Please see my post on northern rock.

 

They got a CCJ on me but i never knew to ask for a CCA and now they have sold the debt to Link, who i have now asked for CCA

 

Link also say they own as well as the debt, the CCJ which only they have the power to remove