NR/Wallers Claimform - £29k Pers Loan *DISCONTINUED*

[pt2537]

Good Night Womble

 

Catch up with you soon

 

regards

paul

[gizmo111]

Night Womble.

 

To summarise then

 

1. Send off Curlys letter to the solicitors, requesting info under the CPR

2. Ring the court tomorrow, to check the dates you have to have defence in by.

3. Send back an acknowledgement of service, ticking the box that you defend all the claim.

 

When you have info back from the solicitors, we can work out what your defence needs to contain.

 

Also in the meantime keep a list of all the times they contact you at work, or any other form of harassment they impose on you.

 

Don't worry Womble (I know it's easier said than done), but you are in capable hands, and the site team will this through with you.

[womble72]

Hi,

 

I will givw you a quick update.

 

Sent the CPR off special delivery today.

 

Also i sent the credit agreement letter as well including £1.00 po.

 

Spoke to the court and the date to defend by is 8th December 2007.

 

I will send the aos this afternoon by recorded delivery back to the court.

 

Keep you posted.

 

Womble

[pt2537]

Hi Womble

 

Super

 

thats all bases covered, its just a waiting game now to see what if anything they send. when you get a reply let us know and we can advise further

 

regards

 

paul

[womble72]

Hi Paul,

 

As well as doing the paperwork today i had a chat with the cab.

I told the lady the forum side of things and ask for there opinon as well.

She checked my Northern Rock contract that i orginally signed and she told me you could not dispute the contract in a law of court.

The contract states that if i default on the loan extra charges will incure and you will be charged for the full amount.

She said that you do owe them the money and what Nr want for me is a charging order because they know there will never get the full amount from me at all.

She also said that to defend would be proloning the judgement against me.

This has left me more mixed up then ever before.

If the Nr contract is legal binding how on earth can i stop them for using a charging order against me.

I cant dispute that i dont owe the money.

Please help me decide what to do.

I will need a really good explanation to defend all of the claim.

Someone advised me on here not to bother with the cab but i needed to see what kind of advice they could give me as well.

She said they will ask Gateshead court for the full amount owed to them.

The court will send me the letter to say i must pay the full amount then defend the action and ask for a local court hearing in my area.

 

Kind Regards

 

Womble

 

 

 

Regards

 

Womble

[Curlyben]

Womble, bear in mind that CAB, as good as they are, aren't fully clued up with the whole lawfulness of charges.

Now NR cannot get a charging order UNLESS you default on a judgement.

What we are trying to do for you here is make NR see sense and come to a reasonable repayment plan with you.

After all you have already approached Payplan and NR refused to deal with them.

This is another point in your favour that YOU are prepared to act in a reasonable manner.

[pt2537]

Hello Womble

 

Firstly, with the greatest of respect for the CAB, just because a term is incorporated into a contract does not make it legal. if i wrote a contract which said i have the right to slap you if you dont pay me 5000 would the contract be legal?

 

of course it wouldnt.

 

The first thing i would say is you have produced your copy of the loan agreement. in any legal action of this nature the onus is upon the claimant to produce the original agreement NOT for you to produce yours. so until they comply with the CPR request we dont even know if they still have it

 

 

secondly not having seen your agreement we have not had the we have not had the chance to see if it is in the prescribed form with the prescribed terms contained within

 

also we have not looked at any default notice to see if this is valid

 

 

so you see, no need to be down at this stage, there is still much to fight for

 

regards

 

paul

[gizmo111]

Hi Womble,

 

CAB are extremely good, but their training and knowledge is limited and they have a prescribed way of working, and I have know them on many occasions to advise people to concede to CCJ's and CO's etc as they do not have the resources. For example early this year I was on a course with a CAB advisor who said that she would never advise anyone to claim back bank charges as she didn't understand the process or the legisaltion we were challenging. It is entirely up to you how to procced, and as we have said before a good defence will be put together for you by the site team helping you on this thread, it will then be up to you what arguments you wish to submit and how you wish to proceed. You must feel comfortable with what you are doing as ultimately it will be you in court defending yourself and you must understand the arguments.

I suggest you have a good read around of defences against CO's and some Northern Rock threads, whilst you wait for the response from Wallers.

If after all that is done, you don't want to submit the defence then you don't have to but you will then end up with the CO on your property.

 

Regards

 

EDIT

What sort of equity do you have in your home, and what is your total debt?

[womble72]

Hi,

 

Thanks for the feedback.

 

My equity in the house must be over £60,000.

 

I owe Nr £25,000 (£35,000) in total at 7.7 apr up to 10 years.

 

Does anybody would like to read the paperwork i have with nr.

 

Womble

[womble72]

I am in total debt of £71,000 for all the creditors i owe money to.

 

Womble

[womble72]

They are all unsecured and Nr are the largest i owe money to.

[gizmo111]

I am in total debt of £71,000 for all the creditors i owe money to.

 

Womble

 

Are all these debts in your sole name?

Is there any real prospect of you being able to pay these debts back in say a 7 year period?

What have you been advised about your debts?

Is your house jointly owned with your partner?

Have you got a mortgage with big early repayment fees on it?

Would it be possible for your partner or another family member to raise around £25k to buy your beneficial interest?

If you didn't have all the unsecured debt would you be able to manage the mortgage and other bills?

Going bankrupt as you state in one of your early posts doesn't always been you lose your house. Have a read here

[womble72]

Some debts are mine and some are my wifes.

 

We have a large mortgage and we would not be worth it re mortgage because of the high rates.

 

The other creditors are at this moment happy with Payments via payplan.

 

The mortgage is joint.

 

We can manage well minus the debts.

 

There is no chance of repaying any of these debts in 7 years.

 

The problem is i dont want to leave our house.

 

The mortgage is fixed until March 08 then it goes on a variable rate.

 

I will be looking to find another £200.000 a month.

 

Womble

[gizmo111]

Ok then if you both have debts then BR is probably not a good option.

[womble72]

I will be sending the aos for the morning with it the box ticked to defend all of this claim.

 

I am backing you guys to help me against Nr.

 

Womble

[Curlyben]

Womble, no problem we are here to help, but a Gizmo said, if there is anything you are unsure of ask.

We don't bite

 

We are trying to get NR to act in a reasonable manner towards this issue and also makes sure that the judge sees this as well.

As you other creditors are willing to accept payment from Payplan then NR should be as well.

[pt2537]

Hi Womble

 

I can assure you we will ALL give you the best support we can. the Site helpers who are monitoring this thread are very experienced in these matters and will do our utmost to help you resolve this

 

so dont worry, i know its easy for me to say but please rest assured we are doing every thing we can to help

 

Regards

paul

[womble72]

Hi,

 

I have now sent the AOS this morning via recorded delivery.

 

I will keep you all posted.

 

Kind Regards

 

Womble

[pt2537]

Hi Womble

 

please do,

 

as soon as you get a response let us know, it may be handy if you dont already have one, to organise a scanner to scan whatever documents they supply when they come through,it will give us the best chance to scrutinise them

 

regards

paul

[womble72]

Hi Paul,

 

If i scan the documents who do i send them to.

 

I.e via email.

 

I have a printer indoors and it scans via adobe.

 

Regards

 

Allan (womble)

[pt2537]

Hi Allan,

you cna upload them into photobucket

 

Image hosting, free photo sharing & video sharing at Photobucket

 

then you can post a link to the posts, that would be the easiest way

 

dont forget to remove your personal details first

regards

paul

[womble72]

Hi Paul,

 

When i scan the documents on my printer it goes in to adobe but i cant edit any of the information.

Any tips please Paul.

 

Womble

[pt2537]

Hi Allan,

 

ive posed the question to a Techie (Curlyben) so hopefully he will come back with an answer for you

 

regards

paul

[womble72]

Thank you.

[Curlyben]

If you can scan to adobe (pdf) then you can attach it here.

Simply click Go Advanced then click on the paperclip icon and go form there.