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Womble 72/Northern Rock 29k Debt - Court looming **WON*****.


womble72
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Hello Consumers,

 

New to this forum and can anybody give me advice about Northern Rock.

 

I owe Northern Rock £29,000 it is unsecured and i am a homeowner.

 

Two children under the age of 4 and i crippled with debt.

Northern Rock have just sent me court papers, but what annoys me is that i spoke to them a few weeks ago because they refused my offer via Payplan then i upped my surplas sent them a new statement and also a token payment to say they will stop legal action then i recieve a letter from a solicitor on there behalf to say you are now going to court.

 

So they have gone back on there word but i cant understand why go to court if thats all i can offer them via Payplan?

I thought it could be a charge against the property but it does not say that on the paperwork.

 

I am feeling stressed with all of this and with two children to support i just dont know what to do ?

 

Bankruptcy is an easy way out but i do owe them the money and bankruptcy doesn't help me or them.

 

I would lose my home going down that road but i have been in communication with Northen rock all the time since my money problems.

 

On the paperwork from the solicitor it states that i have not done so and also made no payments ?

 

Will the courts be understanding towards my mess.

 

Can anyone help please of what to do.

 

Kind Regards

 

Womble

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You should regard bankruptcy as the very last resort.

I will move this post to the General Debt Forum. There are users there that can probably advise you on your best course of action.

 

Regards, Rooster.

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Hi Womble72,

 

Our situation sounds the same regarding NR. We entered a DMP with Payplan last year NR accepted reduced payments on a 25,000 non secured loan for sixth months then from no where in September we got a CCJ from them for £36,000 forwith payment which because we hadnt got 36,000 in our back pockets and they refusal to accept payments by installments ha led to an interim charging order on our house and we go to court next week to defend against the final charging order also have two children but they dont seem to care, just read as much info as you can and this site has been very helpful , my sympathies are with you

Benson05

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Hi Womble72,

 

Our situation sounds the same regarding NR. We entered a DMP with Payplan last year NR accepted reduced payments on a 25,000 non secured loan for sixth months then from no where in September we got a CCJ from them for £36,000 forwith payment which because we hadnt got 36,000 in our back pockets and they refusal to accept payments by installments ha led to an interim charging order on our house and we go to court next week to defend against the final charging order also have two children but they dont seem to care, just read as much info as you can and this site has been very helpful , my sympathies are with you

Benson05

 

I suggest you make the same requests.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Hi Womble

Is this a personal Loan? and do you have a current account with NR as well?

We could do with some help from you.

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Hi Womble,

 

A SAR request is a request for disclosure of data held relating to you(in a nutshell) made under s7 DPA 1998

 

A CCA request is a statutory request for a copy of the Credit agreement relating to your account.

 

there is a template letter in the library located here http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

if you need any more info just shout

 

regards

paul

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Hi Guys,

 

Yes it is a personal loan and i dont have a current account with them.

 

I will fill the court papers in with the cab on Monday but im worried if they will put a charging order against my property.

 

Thanks Paul for the advice.

 

I do owe them the £29,000 but they told me that if i upped my surplas then they would stop legal action.

 

I can only pay them £25.00 a month via payplan and i have another 10 creditors i owe money to.

 

In total i owe £71,000 in unsecured loans and credit cards.

 

Payplan inform me it will take 144 years to pay them all back.

 

I knew sooner or later Northern Rock would take action because there in the mire as much as me.

 

Kind Regards

 

Womble

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Hi Womble

First of all dont panic have you recieved a default note from NR? and where are your Court Papers from are they stamped Northampton ?

 

 

Regards

Andy

We could do with some help from you.

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Hi

disregard tha advise above once legal proceedings has commenced everything changes as to what you request.Does your D/n contain penalty charges and if so renders it invalid hence enforcement is unlawful

 

 

Andy

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Hi

When a Default note is issued it must contain the true figure of arrears if there are any penalty charges included ie late payment this renders it invalid.So they cant proceed with legal action.

We could do with some help from you.

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Now if i find the paperwork i must see if the figure is what is down on the court paper which is £28,993.87 and that has to match on the default letter.

If the figure is not then do i write a letter to the solicitors which are acting on nr behalf and tell them they cant proceed with legal action because of this reason.

 

Womble

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Hi

not that simple unfortunatly you need to check if it contains penalty charges.The fig may vary because of interst charges etc but if you can pinpoint penalty charges in the statement then it renders the Default Notice invalid

 

Andy

We could do with some help from you.

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Im looking at the court papers and it states the following

the defendant failed to remedy the breach within the said period and by a written demand dated 4 October 2007 and served upon the defendant the claimant demanded from the defendant repayment of the outsatnding loan balance of £28,993.87 and thereby notified the defendant that failure to pay the sum within 7 days may result in the claimant issuing county court proceedings to recover the balance due.

The defendant failed to repay the balance due within the said 7 days. Therefore the defendant remains liable to pay to the claimant the said sum of £28,993.87, being the balance of the loan (which includes the said arrears)

Now does this need to tie up with the default letter at that exact figure ?

 

Womble

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hi

No because time as moved on since they issued the D/N dont worry about the balance on the Court Papers for now.

By the way its 14 days on your Default notice.

On Monday send off the the letter as per Paul link ie CCA request and see if their is a valid signed agreement first inc £1.00 P.O and dont sign the letter in your usual signiture.Then you need to request info of your account by way of a C.P.R request which i will explain later.

And dont worry you wont loose your home

 

Regards

Andy

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We could do with some help from you.

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Should i just fill the court form in an accept i do owe that money.

The only other problem is that the court fee is £350.00 and i dont have the money.

Do they just put that figure on to the final amount.

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womble

slow down dont admit to anything untill you have

A checked for penalty charges

B requested a CCA

Proceedings are under way now when do you have to submit your AOS by?

 

andy

We could do with some help from you.

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