Northern Rock loan and Link Financial

[Dav3yBoy]

Hello all,

 

Just a quicky as i am new to this.

 

I held an account with Northern Rock for a loan i took out 3 years ago.

 

The original amount was £18k, after about 2 years i got into trouble after losing my job and defaulted on the loan.

 

I approached a debt management company (Baines & Earnst) big mistake i know, Northern Rock were stubborn with the offers put forward and eventually took me to court to get a CCJ registered.

 

They then took me to court to have a charging order placed on my property, which they succeeded in doing.

 

Now it seems they have sold the debt (which now stands at £33k, the total amount i would have paid back) to Link Financial.

 

Am i right in understanding that when they bought this debt, they also bought the CCJ and the Charging Order?

 

I am currently going down the channels of requesting a signed agreement from them, and the CCA etc etc.

 

Any help/info/advice would be gratefully received.

 

Thanks

 

Dave M:D

[AndyOrch]

Perhaps a Mod could move this to Debt collectors to attain a better response

 

 

 

Thanks

[Dav3yBoy]

New to this area so didn't know where to post, sorry.

[AndyOrch]

Davy what was agreed at the time of the original CCJ being granted I asssume you didnt Defend? wWhat did you agree by way of payments?

Need more info from the outstart to advise

 

 

Regards

[Dav3yBoy]

Ok, what happened was when i got a court summons regarding northern rock i had to get it changed to my home town court which i did.

 

I did try to defend myself as i had asked northern rock for help but they had shunned me and were adamant on getting the judgement.

 

In court the judgement was passed as the judge didn't believe that with my other creditors and my current (then) income i could maintain the contracted payments so he passed th CCJ and the charging order.

 

In court no payment arrangement was met, it was merely to get the charging order passed. I made an offer to the solicitor acting on behalf on Northern Rock but when he phoned them they refused.

 

So, in court on the day all that happened was they got the CCJ and the charging order, as far as i know that was it. Their solicitor said they would send a letter in due course.

 

All i got was a letter from the land and property register saying a charge had been placed on my home.

 

Then i got a letter from Link Financial saying they were now in control of the debt. So i am a bit stuck because if they have bought the debt, have they also bought the CCJ and Charging Order?

 

Can these things be transferred between 3rd parties freely?

 

Thanks

[AndyOrch]

"Now it seems they have sold the debt (which now stands at £33k, the total amount i would have paid back) to Link Financial."

 

What exactley have you recieved to confirm this?

Have you recieved any N.O.A Notice of assignment from N.R?

 

Has far as I was aware once Judment has been attatined Tranfer was unlawful but will clarify shortly,

You say you have CCA Link ? What about penalty charges from N.R?

You may have grounds to have the Judgements set aside,

 

Regards

[Dav3yBoy]

Well when i received the letter from Link i automatically phoned them up to clarify what and who they were.

 

I am quite good on the phone and the guy i spoke to told me they had bought the debt from Northern Rock and were in control of it, as well as the Charging Order and only they have the power to remove it once the debt is satisfied.

 

I haven't had any letters/correspondence/phone calls from Northern Rock since the early part of this year and that was before the court case.

 

Out of curiosity i phoned Northern Rock as if i was still a customer and enquired as to the balance of my loan, but it was weird as the chap i spoke to said there was two accounts, one had a balance of £3k and the other he didn't know, it was weird, then he gave me another number to call as they would have more details (it was a different department)

 

All in all i thought that when NR sold the account i would be wiped from their database, don't think this has happened.

 

So, i don't know what to do. I have requested a copy of the signed agreement from Link (who have said it takes a while) and am just stalling them at the moment.

 

I haven't CCA (what that mean?) Is it Consumer Credit Act?

[AndyOrch]

Firstly

You have to establish that

1. Link have the legal right to do what ever they intend to do with the account Have they Requested payment?

 

2 .The account has been tranfered to Link lawfully i.e N.O.A

 

3.You have asked Link for the Signed agreement that is what I said ie CCA

 

Would be wise to request Full S.A.R (subject access request) from N.R see what info they hold on you Enclose £10.00 P.O dont sign the request.

Just backtrack abit Davy Did you make payments to the loan A/C from a C/A with N.R?

 

 

Regards

[AndyOrch]

Once Judjement has been set you would have had to propose your inteneded offer of payment. They cant get a CCJ and Charging order in one go you would of had to default on the CCJ for them to proceed

 

To be honest its a bit like "Closing the stable door after the horse has bolted" Link cant continue to chase the debt because said Charging order has been granted

 

Post the following letter to Link and dont ring them again everything in writing now

 

Dear Sir/Madam

 

I DO NOT AKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (Link).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully (Dont Sign)

[Dav3yBoy]

Great stuff,

 

I have altered the letter to my needs and have printed it off.

 

Will keep you updated.

 

Thanks for the advice, it's greatly appreciated

 

Dave

[AndyOrch]

Good Luck Davy

[Dav3yBoy]

Letters posted, recorded delivery on 7th November...

 

Watch this space..

 

Have also posted this in the debt collectors threads

 

Dave