VG - Vs Northen Rock - Charging Order

[Von Greenbach]

Hi HH

 

Thanks for your moral support, regarding the Mercantile case, I've tried to understand it, but cannot get my head round it :oops:

it will overturn the Mercantile case on its head.

It's clear from various postings on the site, Evershi*s are monitoring the site, therefore I don't want to say to much here.

 

And if you're reading this thread Evershi*s, here have this

[hammyhound]

It's clear from various postings on the site, Evershi*s are monitoring the site, therefore I don't want to say to much here.

 

And if you're reading this thread Evershi*s, here have this

 

Well in my eyes if they are reading this they are not 100% confident in their case and are trying to find out what your next move is.

 

Keep plugging in:D

 

HH

[caro]

Seems to me the financial institutions should be making sure they comply with the law, so if we can teach them something and they take it on board, it can only benefit everyone.

[Von Greenbach]

Seems to me the financial institutions should be making sure they comply with the law

 

From my experience caro, I don't think it matters two hoots whether they comply with the law or not, if you have a biased judge an LIP really has no chance.

[caro]

As I see it you have a few options to consider, and the first one you probably won't like, but please think about it.

 

1. Bearing in mind the judges comments about extra costs, is it worth continuing to fight the case, taking into account the effects that all this could have on your family's and your own wellbeing and health. At the end of the day, it's people that matter.

 

2. If the judge is not willing to accept the debt is unenforceable, can you bring the amount of the debt into dispute? Have you had a breakdown of how NR have arrived at this amount? Were there charges which you can dispute as being unlawful?

 

3. Was there any PPI in the sum being claimed. If so, especially bearing in mind your health problems, was this mis-sold?

 

4. Read back over your whole thread and see if there may be advice you decided wasn't relevant at the time, but may add to your case if the judge doesn't accept it's unenforceable.

 

5. Have you any way of finding some money to offer a full and final settlement that NR might accept?

 

Just trying to open up your options a bit, and I'm sorry if there's nothing helpful. But if you think of different things maybe there will be something that might make a difference.

[Von Greenbach]

Bearing in mind the judges comments about extra costs, is it worth continuing to fight the case

Yes, I owe xxx amount, another few more £s won't really make that much difference

 

taking into account the effects that all this could have on your family's and your own wellbeing and health

My confidence was dented at my hearing, however, having read various threads on here with and the moral support, I'm not prepared to just roll over unless I have to. Fair enough;)

 

If the judge is not willing to accept the debt is unenforceable, can you bring the amount of the debt into dispute? Have you had a breakdown of how NR have arrived at this amount? Were there charges which you can dispute as being unlawful?

I waiting for a financial breakdown.

You need to chase this up as a matter of urgency. Did you do a CPR 18 request for more information? http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part18.htm

 

Was there any PPI in the sum being claimed. If so, especially bearing in mind your health problems, was this mis-sold?

I never took PPI out on this loan.

 

OK

 

Have you any way of finding some money to offer a full and final settlement that NR might accept?

I only wish I could find the funds.

 

I guessed that might be the case.

 

 

Just trying to open up your options a bit

It's not over till the fat lady sings at the moment, she's waiting in the wings

 

Didn't know you'd seen a picture and recognised me Von

Edited February 22, 2009 by caro
Add CPR 18 link

[Von Greenbach]

Did you do a CPR 18 request for more information? PART 18 - FURTHER INFORMATION

 

Yes back in December sent SD, I have confirmation they received my request although they've never replied or even acknowledged it.

 

I tried to expalin to the judge they'd ignored my CPR18 request, but he was not intrested.

[caro]

You need to get the court to enforce it then. You can't be expected to accept all this without knowing how the figure is made up.

 

I need to log off for a while but there is info around on what you need to do. Did you see the link I added above. I should be able to get back later though.

[Von Greenbach]

Yes, and thanks for your help

 

I'll send you a PM later if it's OK?

[caro]

Got the message Von. Looks like you've got things sussed.

[Von Greenbach]

Hi VG, important question.

 

Have you notified NR at any time of your other creditors? If so does the application for the Interim Order they made on form N379 mention your other creditors. If not their application may be incomplete. CPR Practice Direction pt 73 states;

 

(5) if the judgment creditor knows of the existence of any other creditors of the judgment debtor, their names and (if known) their addresses;

I have a computer printout from the claimant's systems showing 6 months PRIOR to legal action they were aware I had xxx additional creditors.

 

The judge at my hearing stated as no idividual creditor listed priority to the claimant.

 

Who's right?

[Kraken1]

Hi, VB,

 

Have now read this epic but don't think that I can add anything to the PM I sent you. Contact the folk I pointed you at and they might be able to help.

 

Remember though, that even if they get the CO, which to be honest I think is likely, an order for sale is extremely unlikely.

[Von Greenbach]

Update

 

This is the final reply from NR

 

Image - TinyPic - Free Image Hosting, Photo Sharing & Video Hosting

 

Although the FOS has a back log of almost 12 months, I'd rather not wait that long, any idea's where I go from here?

[Von Greenbach]

Hi Kraken

Have now read this epic but don't think that I can add anything to the PM I sent you. Contact the folk I pointed you at and they might be able to help.

I did contact them, but due to the workload they have, there unable to assist.

Remember though, that even if they get the CO, which to be honest I think is likely, an order for sale is extremely unlikely.

I've taken your comments on board.

[fco1922]

Immediately file a formal complaint with the FOS. The letter you received is standard and you actually need it to initiate a claim with the FOS. Don't worry about your complaint being rejected by NR. 99% are. You will probably receive a positive ruling from the FOS. Just be aware that the process can take a year or more!

 

The form you need and full information is contained on the FOS site.

[Von Greenbach]

Hi fco

 

Thanks you for the advice, I've tickled your scales

[fco1922]

Hi fco

 

Thanks you for the advice, I've tickled your scales

 

Hmm. To each their own.

[noomill060]

He means hes added to your reputation be clicking on your scales.

 

The ones at the bottom left of your screen, twix'd the green blob and the warning sign.

[djc]

bump

20 days left to gather a defence can pt2537 help on this one

 

djc

Edited March 8, 2009 by djc
no who from

[mothsinmywallet]

Best of luck VG. I know what you are going through as exactly same happened to me - unsecured loan with Northern Rock, they were the only company to refuse CCCS proposal and hit out of the blue one day with a hearing date stating that a charging order had been prelimary granted in favour of NR. I was unsure what to do, CCCS kept saying ignore them as they cant turn an unsecured loan into a secured one, and yes they did!!! I wrote to the then head of NR Adam Applegarth who actually responded stating that they would accept my CCCS payment with the CO going through. So being naive I accepted and didnt defend in court and kept paying the monthly amount. (£10.79 a month on a £10,000 debt). The shock came when I was forced to look for a better mortgage deal 18 months later and the CO stood in my way. I asked for a settlement and was quoted £12,500. I queried why so high - was told the court interest rate was being added!! So the debt was spiralling higher and higher and if I kept on paying the £10.79 month the debt would never get paid off and the debt due to NR got higher and higher (and secured with the CO)!!! With the help of a great mortgage broker we worked out if we paid them off with what we could scrape from the equity it could work - so I offered £10k full and final and it was accepted and the CO lifted. Though I have a CCJ registered for the next 6 years.

 

NR made my life hell - out of 6 creditors they refused to accept the pro-rata payment the CCCS were offering.

 

I have sent a SAR request to see what credit agreement they come up with. I know its a long shot but if they had no legal right to demand money and force a CO on me I want to pursue it as much as I can.

[Von Greenbach]

Hi MIMW

 

Thanks for your support, I'd have beat them in court had the judge granted my set aside application, I have 21 exhibits showing where they've coc*ed up in ingnoring legislation, what can you do when you're faced with a biased judge.

 

As soon as I walked into the hearing first thing the judge started on was explaining how a charging order works, I knew at that stage I was stuffed even before he got to my set aside application.

 

I have until this week to decide whether to appeal against the judges decision to dimiss my set aside application.

[42man]

VG....have you had any luck with a solicitor ? My feeling is that you need proper legal backing on this, most will give a free 30 mins to you at the start....

[MARTIN3030]

Yes this seems to be the consensus-especially as you will be able to show the paperwork.

Question is,theres not a lot of time left-so will need to find one that can fit you in pronto.

[sequenci]

 

I've taken your comments on board.

 

Is the property in joint names and do you have children living with you?

 

[sorry i've not read the whole thread]

[Von Greenbach]

Hi 42man

VG....have you had any luck with a solicitor ? My feeling is that you need proper legal backing on this, most will give a free 30 mins to you at the start....

No, all the solicitors I've spoken to are not willing to take the case :confused:

 

I've been informed by several independant solicitors "It's a pro creditor" climate at present

 

I've tried explaining that does not mean my case is doomed