northern rock unseured loan court claim ! - **WON** STRUCK OUT

[shammy36]

Hi All,

I have been a member of cag for quite some time now, and with all the first class help ive had, ive been able to sort out nearly all my debt problems except one.NORTHERN ROCK .

 

I had an unsecured loan with them for £13000 in 2001 and until recently had always made the required payments of £130 per month.

I have found it almost impossible to get my instalments with them lowered until i got back on my feet,and was about to cca them to buy a little more time,when i recieved court papers through on the 23/5/08

 

In the claim pack there is also a copy of a default notice that they claim to have sent me on the 2nd april,which i never recieved.

 

Any help with this would be gratefully appreciated

 

Thanks Guys

Edited June 3, 2008 by shammy36

[42man]

Hi Sham....

 

As you may know you have to acknowledge the claim within 14 days on the court papers, then you get another 14 days to submit a defence....(did they also send you a letter before action ?) If this is a direct action by NR as opposed to a debt collection agency, then you may need to edit Part C (as there won't be a notice of assignment)

 

I think the first stage is to send them the CPR request...

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

PART 18 REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME)

c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

i. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

XXXX (type, don't sign).

[shammy36]

Hi 42,

No they did not not send any letter before action.

Do i have to send the cpr request to the solicitors acting fo nr ?

How do i acknowledge the claim and do i say that iam defending the claim or admiting the claim or what ?

 

Sorry, this is new to me and i dont want to make a mistake

[42man]

Yes send the CPR to the opposing solicitors...

 

I think you can acknowledge the claim online.....ok, well if you want to attempt to defend the claim, then defend all of it....

 

You could possibly defend on several points or one or all

 

No Consumer Credit Agreement (bear in mind it has to have the prescribed terms)

No defaults issued

No letter before action

Excessive charges added on to the account.....

 

I'm not a legal expert at all Sham, so please take a bit of time to read some of the other threads on here including the legal successes (I think there are some for NR too)....

[shammy36]

Hi 42

Sent the aos off this morning,gauranteed next day,and am also just going to send the cpr to the solicitors, recorded.

 

Just aquick question,on the claim form from the court the issue date is the 16/5/08 but the post mark on the envelope is 23/5/08 am i right in thinking that the post mark is what counts as far as the fourteen day timescale is concerned

 

Thanks mate

[42man]

No it is the date on the court papers !!! as mentioned in my post #3

[shammy36]

HI 42,

OH S**T

 

Thats it then..... is there anything i can do to stop this

[creditcardmug]

Shammy you are allowed 5+14 days to file your AOS, the 5 days is for the claim to get to you

[creditcardmug]

Just checked the dates again, you might be lucky, just hope for the best.

[popeye1]

Can you fax to the court

[shammy36]

Hi Guys,

Thanks for the replys, i sent the aos yesterday so they would get it today.

The date on the envelope was the 23rd so i would have got it on the 24th, so it actually took eight days to get to me. I work away so i didnt even know it was there until the 30th.

 

fingers toes and everything else crossed and see what happens.

 

Is there any appeal process in place if they say its to late ?

 

thanks for the help Guys

[42man]

You could ring the court and explain the situation.....sometimes they are ok if it is a little late....

[shammy36]

Hi Guys,

Tried to ring the court today but could not get through,suppose i will have to wait and see and hope for the best.

 

Should i still send the request for info to the solicitors ?

 

Thanx Guys

[creditcardmug]

Yes send it can't do any harm and you will need it if your aos is allowed

[shammy36]

Hi Guys,

Just a quick update on the thread.

 

Still have not heard anything from the court regarding weather my aos has been accepted,but the plot thickens !!!!

 

Had a letter this morning from northern rock telling me that if i did not contact them within the next seven days to discuss my loan arrears they may have to instruct their solicitors to take legal action to enforce payment:confused: i thought they already had.

 

Dont know how to react to this one, i was going to send a cca request and an sar before i had the court papers through,any advice guys

[shammy36]

bump

[creditcardmug]

You really need to get through to the court to find out what the status of the claim is, and get a date from them to file your defence by.

Don't worry about the NR letter, this is now a court case and youre dealing with the solicitors and court, its probably a standard letter sent out by one dept who doesnt know what the other ones doing.

BTW which court is it?

[shammy36]

Hi ccm,

its the mayors &city of london county court

[creditcardmug]

Hi ccm,

its the mayors &city of london county court

 

In that case a copy of the agreement should have been included in the pack, this is one thing to go in your defence for starters

[creditcardmug]

Can you post up the copy of the Default Notice (minus personal details, as this may be deficient as well), if so something else to go into your defence.

[shammy36]

Thanks for that ccm,

Will do that first thing tomorrow, thanks for all your help much appreciated.

 

Just finished a long shift and need a shower and a pint of the black stuff !!

[shammy36]

Hi guys

 

can you explain to a plonker ! how to post a document,last brain cell is about to burn out !!!!

 

Regards Sham

[creditcardmug]

Go to photobucket open an account (free) upload your docs (minus personal details) then there's a link to paste into your post, can't remember what its called but the last one of the four

Good luck come back if probs, others on here can explain better than me

[shammy36]

Thanks for that ccm,

 

The date on the default was 2nd April and gave me until the 16 April to remedy the breach.

 

What do you think ?

 

regards Sham

[creditcardmug]

Well unless it was hand delivered on the day it was typed, you couldn't possibly have had 14 days to remedy, so non compliant. you would put them to strict proof that you received it on the 2nd.