Eversheds/NR - CC Claim Received / DISCONTINUED

[petebeds]

Just had a call back from the OFT who have advised:

 

1. The Agreement is not regulated, regardless of what it might say on the form. Therefore as Eversheds say in their witness statement, no need to supply DN or anything like that.

 

2. Due to the wording on the form that has been signed, it may be unenforcable or unlawful on the basis of NR making an untrue statement in on the form, ie that it is Regulated when in fact it is not.

 

HOWEVER, (and this is now my view rather than what the OFT have said) Northern Rock have persistently stated - not only on the Agreement, but on the DN and on the POC that it IS a Regulated Agreement and therefore have been making misleading statements - whether deliberately or accidentally, they should have been more careful!!

 

They are passing me over to my local Trading Standards who will be in touch with me in the next 48 hours.

[atwozee]

Very interesting – the OFT are the regulating body so they should know for certain – but how much more unlawful can the agreement be? It purports to be a regulated agreement when it is not – basically they lied to you - The Consumer Credit Act 1974 is an act of parliament – Northern Rock have secured regular payments from you by deception.

I just hope the OFT don’t try to short change you that’s all – especially when you are entitled to claim your repayments back.

Maybe you should apply for a stay whilst the matter is being investigated – not sure if that’s appropriate or not (suggest you phone the court and see if you can do this) but I would want the situation clarifying before it was ruled upon by a judge who might not know much about consumer law. The judge would be influenced by a statement in writing made by the OFT – I would think so anyway.

[toto003]

Petebeds, I have some information concerning this thread, but I dont want to post it publicly in case eversheds are monitoring this thread.

 

I have sent you a PM. Please respond as soon as you can

 

thanks

 

toto

[petebeds]

Thanks toto, have replied to your PM. You are going down exactly the same track as me.

 

I think its now got to the point of being irrelevant whether or not Eversheds are monitoring this thread, they have already shot themselves in the foot big time and instead of trying any desperate and futile attempts to win my particular case they should really be thinking in terms of damage limitation!

[atwozee]

Petebeds, I have some information concerning this thread, but I dont want to post it publicly in case eversheds are monitoring this thread.

 

I have sent you a PM. Please respond as soon as you can

 

thanks

 

toto

 

I hope you confirmed your agreement was unregulated and unenforcable!

[petebeds]

I hope you confirmed your agreement was unregulated and unenforcable!

 

Not yet, but given what toto has told me it is looking more and more likely.

 

I am still waiting for my local TS to get back to me. I called them this morning and they don't appear to have received the complaint from Consumer Direct yet!

[atwozee]

Not yet, but given what toto has told me it is looking more and more likely.

 

I am still waiting for my local TS to get back to me. I called them this morning and they don't appear to have received the complaint from Consumer Direct yet!

 

Yes – sorry my comment was for Toto – I had posted on that thread also!

You both basically have the same issue – your agreement exceeds the financial limit imposed at the time – that makes it an unlawful agreement IMO.

[petebeds]

This is now reaching the point where we don't want to be giving any more away to Eversheds who are undoubtedly following this thread so I am going into Purdah for a while.

 

Thanks to all so far, will post further when appropriate to do so.

[MARTIN3030]

Watching with interest

[petebeds]

Very brief update without giving too much away:

 

Lengthy telephone conversation with my local TS on Tuesday morning. They are not prepared to put anything in writing but I can make an FOI request for their notes of the telephone conversation. They were very helpful and over the phone confirmed that the agreement is not regulated and more than likely unenforcable.

 

Passed on via the FOS to Community Legal Advice Service.

 

CLAS agree that the agreement isn't regulated and suggested putting in an application for Judgement for the Defence.

 

This I have done and have hand delivered that Application to the Court.

 

We are asking for the agreement to be declared unlawful and unenforcable on the grounds of a fraudulent misrepresntation contrary to the Misrepresentation Act 1967 - the statement on the agreement that it is regulated - with that misrepresentation being compounded by issue of a "Default Notice" and then issue of Proceedings stating in the POC that the agreement is regulated. Having re-read my witness statement this morning I now understand why it is that I have always been so keen on the Rumpole books by John Mortimer!

 

I've also wiped the floor with them over only partial compliance with the CPR18 requests, driven a tank through their reasoning for their Application for Defences to be struck out and taken them to task over submitting somebody else's statement of account and claiming it to be ours.

 

This has all gone in as part of an Application to have:

 

* agreement declared unlawful and unenforcable

* Claim struck out under CPR3.4(1)(a) no prospect of success, (b) vexatious and an abuse of process and © non compliance with a Civil Procedure Rule or Practice Direction

* Judgement for the Defendants

* NR ordered to supply a true and correct statement of account within 5 days of judgement

* NR ordered to repay all sums paid to it by us under the mistaken obligation of an unlawful contract

* Costs

 

If toto003 or any other contributors to this thread want to see a copy of what I have put in please PM me. I'm not going to post it on here, for obvious reasons.

[atwozee]

Thanks for the update – I think there might be a few caggers interested in how this turns out – there’s probably loads of NR customers out there with similar agreements.

[creditcardmug]

Very interesting, and well done for taking matters this far

[petebeds]

It moves on ..... just received a notice from the Court stating that NR's Application to trash the defences has been listed for 23/04/09 at 1000; phoned the Court to find out what has happened to my two applications (as above plus one to have it all transferred to my local Court) - apparently the file has been sent to a Circuit Judge for review.

 

Anybody know what the implications of that might be?

[toto003]

thanks for the update petebeds.

 

I have collated quite a bit of info in this area, and I have reached my own (what I believe to be firm) conclusions.

 

(I have already discussed with you pete - and I hope you have added those weapons to your arsenal)

 

I am holding off publishing it all on the CAG until pete's case is sorted. [just in case I am wrong ]

[petebeds]

I have now had a letter from the Court stating that both NR's and my applications for striking out will be heard at the same time, 10AM on Thursday 23rd April ....... At Guildford .....

 

The Circuit Judge who was handed the file to review has decided that the case should stay there for the time being and can be transferred to my local Court should it be necessary after the applications have been dealt with.

 

So: Do I need to attend Court next Thursday?

What happens if NR's solicitors don't turn up?

 

And basically, I've never been in front of a County Court Judge before, what can I expect to happen? Thanks

[creditcardmug]

You definitely need to attend IMO, if the other side don't turn up, so much the better for you.

 

Arm yourself with answers to any questions you feel may be asked, this could be the critical moment in the case i feel

 

Others will be on soon with further comments im sure

 

It wont be anything like as daunting as you imagine im sure, you just need to be polite, whilst making your points firmly.

 

GOOD LUCK you deserve it.

[petebeds]

2 days to go and the ex has been sent a copy of their Witness Statement and a sheet with a breakdown of their costs. They seem oblivious to my Application for Striking Out and Judgement which will be heard at the same time as theirs!

 

As somebody said a while back, mind games!

[AndyOrch]

2 days to go and the ex has been sent a copy of their Witness Statement and a sheet with a breakdown of their costs. They seem oblivious to my Application for Striking Out and Judgement which will be heard at the same time as theirs!

 

As somebody said a while back, mind games!

Me i think:D

 

Peter if you have recieved a Witness Statement have they made application for Summary Judgement?If so you should have recieved notice that the application was made and given the opportunity to submit your own in defence to the Application.

 

Regards

 

Andy

[petebeds]

Andy - see further back up the thread from mid February - they sent the Application for Summary Judgement in with their AQ and sent me a copy of the Application at the same time - their witness statement got pulled to pieces over the fact that they are now saying that the loan agreement wasn't regulated; we wrote a letter in to the DJ and then put in our own application for Striking Out and Summary Judgement following consultation with the Forum and with Trading Standards and the Community Legal Service.

 

Both Applications are being heard on Thursday morning at 10am at Guildford.

[AndyOrch]

Apologies for not reading further back Peter.I see you have everything in hand.

 

Best of luck for Thursday and keep the thread updated.

 

Regards

 

Andy;)

[petebeds]

Update:

 

Absolute nightmare this morning with a major accident on the M1 and my car breaking down on the way to Guildford. Despite getting straight on to the phone to the Court to explain what had happened, things just went downhill from there.

 

I wasn't able to get to the Court until 12.30, where toto003 met me. He had already been in to the original scheduled hearing at 10.00. I'm still in a bit of confusion about what happened there, but apparently NR are resubmitting the POC.

 

I was somewhat shocked to be taken into a full-blown Court Room, complete with District Judge sitting up high in full robes, rather than the office I had expected. His first comment was "two and a half hours late Mr xxxxxxxx"; I did apologise to the Court.

 

He said that he had my Application and having read it could not see why it had been submitted. He said as well that NR had agreed to my other Application for transfer to my local court and asked if I wanted it dealt with there and then or transferred.

 

Like a fool (hindsight is wonderful) I said I would prefer it to be transferred, not realising that I was just about to be hit with an Order for Costs for the day "in any event". That was it.

 

I am now back home and feeling as though I've been put twice through a mangle, and have had to go to the Doctor and get signed off for a month due to my depression starting to put in a reappearance.

 

That's it in a nutshell. Thanks once again to toto for being there.

[toto003]

The bad news is getting hit for costs today. Were it permissible for a Mckenzie friend to address the judge, things might have been different.

(I very nearly kicked you when you ignored my pleas for you to dispute costs)

 

The good news - is that you managed to get your case transferred intact.

 

Had you not turned up, your situation would have been far worse, as the Judge definitely would have dismissed your application to strike out.

 

You will now get some time to tidy up your defense and get some proper legal assistance.

 

The Judge could definitely have been more understanding. Especially as the opposing barrister informed the judge several times at 10am that they had agreed to the transfer and were happy to adjourn. (She almost begged)

[had I been allowed to address the Judge, I would have pushed for this also]

 

Take heart Petebeds - this battle is far from over.

Please note the point "2b" we discussed earlier today - Get that presented correctly, and I think you will do well.

 

toto

[Pipster2797]

in a similar position so subbing

[katie3105]

also in a similar position with a friend of mine. If anyone can offer any assistance my thread is Northern Rock unsecured loan court claim....sorry i dont know how to link it to this

[katie3105]

http://www.consumeractiongroup.co.uk/forum/legal-issues/196070-northern-rock-unsecured-loan.html this is the link re the above....dont know if i have done it right but hopefully it is and I could really use some help with the defence which needs to be in by friday. It is slightly diff to this in that I have acopy of the agreement but it was sent after 5 requests and 7 months