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    • you need to ring northants bulk and ask for a copy of the judgement and the claimform by email pdf. it is quite usual for them to not have a copy of the claimform. so you need to record the call and ask them to read out the particulars of claim and the address it was sent too.     old wives tales , if you have a debt owing that shows on your credit file or you know exists from say the last 7yrs you should NEVER move without WRITTING to the debt owner with your new address. never run from debt which falls within the above .     all mortgage style SLC loans that were not deferred with erudio following the gov't sale in 2013 and that did not have a court claim raised within 6yrs are SB'd.   drydens simply did this because they wrote to your old address, got no response, and knew they'd get a default roboclaim CCJ where no human checks anything.   shot yourself in the foot.      
    • yep.   if all these are still owned/with the original creditors and you are not paying any powerless DCA's  then little point in any CCA requests at this stage unless any (non OD A/C's) are say pre 2000 opening.   our pro rata letters are the way to go you'll find those in the debt collection section of our library.   get any income payments on going or otherwise moved into a parachute A/c.   it is most probable that whatever you do most A/c's will be defaulted once this is done if not already. bearing in mine your wish to re mortgage or move in a future, it is most probable that the quicker you do default , the earlier a DN will be registered thus the earlier these will not show following their 6th birthday. this might involve you thinking about stopping all payments now ensuring this does happen, then resuming payment under a pro rata scheme self administered , once this happens.   just be aware that no DMP providers will ever question enforceability, should that be relevant.     
    • LL would have Absolutely no chance of getting the smart meter changed back.....
    • slow down ...read what i'm asking , stating and trying to clarify.. it all might seem useless or totally irrelevant but it's important information moving forward with the whole situation and useful in the SPC claim moving forward     there was not 2 loans - the litigated OD is not a loan but it appears from your comment here..     sorry but then you did get scammed on many fronts... they allowed you to settle the loan exploiting your confusion over thinking it was the litigated account. they didn't tell you either and they would also have been aware of your statement filed response form:   The respondent had a junior account with the Bank of Scotland since a young age.  The Bank of Scotland offered the Respondent a loan of around £2500. This Respondent serviced the loan until losing her source of income and ran into some financial difficulty resulting in defaulting in servicing the loan.   they settled for a discounted sum... why? we usually find this is because they hold no enforceable paperwork at all. or was full of charges , charges could have been the discount or it could have been due to 'a business decision' ...   but sure as eggs is eggs there is no way 1st credit would not have raised a court claim for both the OD and the loan unless there was a very good reason. they didn't that smells...badly.   OD 's are notoriously difficult to litigate upon if defended properly...but with a loan in the same claim, with enforceable paperwork, they would have almost been guaranteed to win.   it's also a shame you didn't come where before you did anything but we are where we are.   now the above might seem harsh..even petty but our posts are not only for you and your issue they are also for future readers that find us via search engines or read like threads here alerting debtors to frequent pitfalls and innocent wet myself actions many do that all these dca's will and have exploited time and time again over the last +40yrs .   i'll try and get around to properly redacting all your pdf's tonight and get them back up. but before i finish and get on with the above........the status of the claim as it stands now.   From what i can gather the claim now hinges upon proving her ex at the time settled by a discounted payment to HBOS well before the sale to Intrum and the SPC Claim.   In all honestly and with regard to your comments in your previous posts upon his character, i seriously doubt this ever happened. the disclosures from Intrum contain all the OD statements , should that have happened, it would be detailed in those.   there is little point in the claimant hiding that info as they would be in far more legal trouble should they have doctored them than insuring a mere +£1k claim win. Even 1st credit wouldn't pull such stunts.   Sorry but there is little point in requesting HBOS to attend any future hearing, nor hoping the SAR shows anything different to the statements the claimant has disclosed . That will cost you more money , and more money in terms of the claimant attending another hearing.   there is one exploitation i see. that being the mention of a default notice. the claim states:  The respondent fell into arrears under the Finance Agreement. A Default Notice was Issued by the Original Creditor .   now default notices are not issued for OD A/C's (which ties in to the possible loan confusion and scam settlement i mentioned) . This tallies with a common mistake that many DCA's, including why i keep mentioning 1st credit, which is the previous name for Intrum, made on numerous claims and was one of the reasons for the name change. To Hide that They lost many Statutory Demand and court claims over the non existence of a DN or proof of it's issuance by the OC (a DCA can't issue a DN) .. No copy of a default notice is fatal to to successful  litigation.   even though in this OD case one was not ever needed. (Poor particulars of claim showing copy and paste, and never expecting a claim to be defended but responded to by a wet themselves response , which you did by settling a loan which you believed was the claimed debt when it never was)    other than that you indicate you made an OOC F&F offer in 09-20  have you advanced this option since ?   dx
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Northern Rock CCA is it enforcable? - please help


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Hi All,

Please help me with this----

took out a loan of £25000 from northern rock and they have put on PPI on the loan too, I did tell them at the time that I do not want PPI, they told that if I don’t take the PPI my approved application will need to be put through the system again and the loan may not get approved again, also I may need to pay higher interest rate if it was approved.

 

I refused number of time that I do not want the PPI, however due to my circumstance I was pressurised in to taking the loan with PPI.

I have now stopped paying for the last two months due to my financial difficulties.[/font]

I need help and advice with the following please:

1. Is the loan Agreement Enforceable?

2. Can anything be done about the PPI?

3. Can I get refund on the PPI to reduce the debt?

At the time of the loan I was in full time employment and currently in full time employment

 

Please advice on how I should respond; following my request I have now received the attached CCA from northern Rock.

 

Many thanks Northern Rock CCA word.pdf

Northern Rock CCA TC R2.jpg

Edited by mann01

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I think you must write to them with regard to the PPI and make it known of a clear dispute.....the agreement looks enforceable at first sight....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

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Many thanks 42man for your help.

 

Hi,

 

Does anyone have any template for wrongly sold PPI that i can send please

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Sorry 42 Man but if the circumstances of the PPI are as stated then the agreement is unenforceable as well as the PPI reclaimable.

  • Haha 1

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

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Apologies....spot on Josie ty

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Josie, thanks for that,

 

How would you reccomend me to respond to NR

 

I was just about to send the the letter below (sorry english is not my best)

 

 

 

 

Account number: [12345678] Account DISPUTED

 

 

I purchased the above policy from you in 1st Jan 2005 but now believe that I was mis-sold this policy for the following reasons:

 

This is due to the fact that I contacted you on 28 Dec 2004 and you informed me that I could not cancel the policy; only be able to cancel the policy if I took out a new credit agreement. As the FSA has now stated ‘no refund’ terms are considered unfair I would like my original cancellation request to be honored from 28 Dec 2004

 

· This is due to the fact that I was not given the correct information when the policy was sold to me, as your salesperson stated that taking out the policy would assist my credit application.

  • your salesperson was very pushy in selling me the policy so that I felt I could not say no, even though I said “no” at least in 4 occasions. If you listen to the recorded calls this will be verified.

  • your salesperson did not tell me that the policy was optional and I have since realised that I have alternative cover.

  • your salesperson implied that taking out the policy was essential for me to get the associated credit and that if I decided to not take the PPI a new application for the credit will be required and it may not be approved. Even though you have just approved the loan amount. I was put undue pressure to accept the loan with PPI

  • your salesperson did not allow me to cancel the PPI when I called on receipt of written agreement I was informed that I could not cancel the policy and new application will not be approved without PPI

  • i am concerned the sales assistant that sold me the policy has no financial background and the policy was not sold in my best interests.

Unless you can satisfactorily justify to me that the policy was fair and reasonable I am requesting a full refund of all premiums, and subsequent interest on these payments, that I have paid to date. As I believe I have been deprived of this money I also expect 8% statutory interest, the amount a court would award, to be added to each payment made. I will not be making further payment on the account until this dispute is resolved.

 

I look forward to a full and prompt response to this letter and for the matter to be concluded within eight weeks or I shall be contacting the Financial Ombudsman to investigate my complaint.

Yours faithfully,

Edited by mann01

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  • 2 weeks later...

Also, what about cancellation rights? Are they not part of the Prescribed Terms? I can't see any of the usual references to them (that i have known) on Mann01's agreement.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Also watch out if NR offer you a large discount of 30% off the total if you settle in full once you fall 2-3 months behind with repayments.

 

Had a tip off in 2007 that it means the agreement is unenforceablein some way. With mine it looks as if they only have a photocopy and not the original that would need to be produced in court. Photocopies can be easily scanned and photoshopped, then reprinted on a laser printer. It would be very difficult to prove this isn't the case without the original agreement.

 

Remember that Banks and DCA's never offer large discounts without a good reason to. :D

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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Interesting! I've had a 50% discount offer from MBNA in the past! hmmm

 

(as well as the offer of a 50% discount on a 5k account from HFC 3 months after requesting an agreement, and two months after i challenged that agreement) ;)

Edited by davey77

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Hi mann01,

 

I`ve just came across this threa via a link from the Multiple Agreements Thread.

 

Your agreement does seem to have all the correct Terms and also a Signature box for the PPI, which you have signed.

 

The problem will be convincing them or a Judge that you WERE informed you MUST have it or you wouldn`t be accepted.

 

Did you send you letter away to them? Have you had a reply?

 

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Ok mann01,

 

There`s nothing to do really until you get a reply of some sort.

 

Did you send it Recorded Delivery?

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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  • 4 weeks later...

This thread is very interesting as I too have a NR loan with PPI.

 

During the first 30 days of the agreement I phoned NR and told them I did not want the PPI but was told that I would have to go through the system again and may not get accepted - pretty much the same story as above.

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  • 9 months later...

Hi Guys,

 

Recently received an update from Northern Rock, what i understand is that they will refund the PPI in full and allocate the PPI refund towards the arrears on the current loan.

 

They requested me to sign the acceptance form and theywill set-up new loan without PPI.

 

My circumstance is such i cannot afford the new loan. Please, need your help on how I should respond. I have attached recent letter (3 pages)received.

 

I would be intrested in a full and Final if offered.

 

Many thnaks

Northern Rock PPI letter page 1.pdf

Northern Rock PPI letter page 2.pdf

Northern Rock PPI letter page 3.pdf

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If you are happy with your original Loan, tell them you will only accept payment via cheque, to be deposited into any account of your choice.

 

It is your money and you will use it as you decide, not them. If it was not for their greed you would still have that money.

 

Also, I`d be VERY warey of changing agreements.

 

Wait until they cancel the original one, then tell them your not interested in another :p

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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After sending the SAR i received letter from Northern Rock saying that the PPI was not mis-sold and demand for full payment. They passed the account over to number of different collection agency, i ignored most of their calls and told them that it was mis sold and i want my full refund.

 

Its taken a long time to get a response from them.

 

I am not sure how i should respond to their recent offer, i not no idea how i can the the loan written off or settled.

 

I have been approched by number of companies offering to take on my case to get the debt written off - not sure what to do

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Hi Guys need help with a response

this is what i plan to send to Northern Rock

 

Address

Post code

 

Date

 

 

 

Dear Sir /Madam

 

Thank you for your recent dated 20 Oct 2009. I am pleased that you are agreeing to refund the PPI in full including interest to the sum of £4590. I would only accept the refund in cheque to payable to Mr Mann Mann. The PPI was mis-sold to me and I do not agree to any off-setting of this fund, on receipt of the refund I will decide how this is used.

 

Yours Faithfully

 

 

Mann01

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Hi Mann01,

 

Just thought I`d tidy it up a little ;)

 

 

 

Dear Morons,

With reference to your recent letter dated 20 Oct 2009.

I am pleased that you are agreeing to refund the PPI in full including interest to the sum of £4590. However, I will only accept the refund in the form of a cheque, payable to Mr Mann Mann.

The PPI was delibrately mis-sold to me, and I do not agree to any off-setting of this refund.

I look forward to receiving £4590 within 14 days of this letter. On receipt of the refund I will then decide my best course of action.

 

 

Yours Faithfully

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If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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  • 1 month later...

Hi Happy new year to you all,

 

I have now received a response to the above letter from Northern Rock.

 

They have agreed to refund the whole amount and will not be off-setting against new loan. However they are asking me sign the acceptance form and they will set up a new loan agreement for outstanding balance without the PPI, once the new loan set up they will refund the PPI into my account.

 

I am not sure what to do and how i should respond to this.

I have not paid them over 1 year now, i really don't want another loan agreement as i cannot afford to pay.

 

I will be happy if they just use the PPI refund amount as a full settlement to the account - not sure how i should proceed with this

 

please advice.

NR letter 020110 P1.pdf

NR letter 020110 P2.pdf

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Hi Happy new year to you all,

 

I have now received a response to the above letter from Northern Rock.

 

They have agreed to refund the whole amount and will not be off-setting against new loan. However they are asking me sign the acceptance form and they will set up a new loan agreement for outstanding balance without the PPI, once the new loan set up they will refund the PPI into my account.

 

I am not sure what to do and how i should respond to this.

I have not paid them over 1 year now, i really don't want another loan agreement as i cannot afford to pay.

 

I will be happy if they just use the PPI refund amount as a full settlement to the account - not sure how i should proceed with this

 

please advice.

 

 

 

typical bullying bank, trying to negotiate on their terms

 

the ppi was mis-sold, end of.

 

send a letter before action, and keep to your terms

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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I am thinking of sending this - any advice please

Dear

 

 

I am in receipt of your letter dated xxrd December 2009 in which you respond to my assertion that Northern Rock has Mis-Sold Payment Protection Insurance (PPI) to me when I took out the above loans.

 

I am please that you agreed to refund in full including interest of £5xxx.76 and not use this fund for any offsets, which resulted from deliberate mis-selling of the PPI initially. I will not accept to any new loan agreement until my PPI is fully refunded.

PPI is not a compulsory product when taking out a loan, and adding PPI to my loan account in this way is a clear breach of both FSA regulations and guidelines and the Banking Code of Practice provided to the financial services industry. As a respected financial organisation, you will have been quite aware of these regulations and this makes your organisation's action even more serious. It is extremely poor business practice to say the least.

 

 

I would remind you that the FSA takes the Mis-Selling of PPI extremely seriously and you will be aware that recent investigations by both the FSA and the Competition Commission have found that lenders continue to engage in "poor sales practices" and that "customers were not informed orally of both the monthly and total cost of their PPI". (FSA report, 30 September 2008.)

 

I would also draw you attention to the FSA’s latest report on the 29th September 2009 titled FSA unveils tough measures to protect PPI consumers

I request the refund of all moneys paid to you for the above policies including contractual interest within 14 days of receipt of this letter by you. I will not agree to accept any new agreement until I have received my full refund in cleared fund. If you do not comply with my request, I will have no option but to escalate my claim to the FOS and the civil courts. I should remind you that the FOS take the issue of Mis-Selling of PPI extremely seriously and in many cases, have imposed large fines on financial institutions who are in breach of regulations.

 

 

Yours sincerely

Edited by mann01
typo

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