Nemo secured loan - repossession !!

[dipobrazil]

i took a loan with Nemo in 2007.....but recently i have been out of work for some while and so have been unable to pay the monthly fee.......however when i reviewed the CCA which i have a copy of i see i was paying for PPI....the loan was about £14k and the PPI was about £2,600.

 

yesterday i got letter from nemo saying that they were planning to reposses the property ...they added the arears to the loan which is about £2,600...which is working to a total of £18k

 

my question is since iam paying PPI ....is the insurance company not supposed to cover the payment now that iam not working.....it actually says on the CCA that the cover is for 5years.......

 

I have called nemo, told them i have been out of work for sometime and that what should i do...and they keep saying that i should pay something when i dont have any income at all.They also said they had sent some one to visit me ...which is not true as no one came and they said they have been calling whilst i have not received any call whatsoever from them.Infact i was thinking all this while that the PPI was covering the payment ,as i had called them in 2008 that i was out of work.I smell something fishy......

 

 

How do i proceed in getting the PPI company to cover the payment now that i am out of work........is there a template letter i can use .....

 

I would really appreciate any help on this.

[Tawnyowl]

The loan was secured on your home.Is this Nemo -part of principality 9%-13% of Cardiff.The PPI was taken out with them as well.They are saying or threatening to start repossession against you,so nice of them-grrr.You have explained your position to them,and they say they have sent a councillor round which usually entails a rip off fee,not allways but usually.The PPI,does this say if you lose your job it covers payment of mortgage.I feel it is time to seek advice from CCCS or CAB or PAYPLAN as this now sounds quite urgent.Things sound like they are building.90.00 for Arrears visit,50 pound for Default notice etc.What did they say when you mentioned the PPI.Now Payment protection insurance : FSA Money made clear ? News as i see it can cover many things,you werent self employed were you.Sounds like things were heading south for them in2008---

Nemo Personal Finance is to shed 70 of the 186 jobs at its secured loans business in Cardiff, but some staff could be redeployed in other parts of the Principality Building Society. 05-May-2008,

Quote:

"Analysts said the sector remained robust, though there could be more mergers. Principality and West Bromwich are the most vulnerable to being swallowed up by larger rivals, said rating agency Fitch.

 

"Matthew Taylor, building society analyst at Fitch, said these societies tended to have a higher level of “specialist lending”, such as investments in commercial, buy-to-let and sub-prime mortgages combined with “weak capital reserves”,mmm wondering many things.Sounds like they are slightly stressed at moment,heres 2 links ,good luck,keep posting,Tawnyowl.

Mortgage Arrears | Debt Advice | Payplan CCCS - Free Debt Advice from the UK's Leading Debt Charity

[42man]

If the PPI is NOT doing it's purpose....then I would start causing a stink...basically you paid for the PPI, if you aren't allowed to claim on it then it wasn't worth the paper it was written on and you MUST start a dispute and claim it back + interest.....Did you take the loan out via a broker ?

[dipobrazil]

yes...there was a broker involved...but according to the agreement wesigned....it says it covers for max of 5years, for accident,unemployment and sicknesss....i will start writting my dispute letter asap then

[enoughisenough]

LET THE **** KNOW WE ARE NOT GOING TO TAKE THIS ANYMORE!

 

http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/205401-sub-prime-mortgages-call.html

[dipobrazil]

hi everyone...I have long since sent aletter of complaint stating that i had contacted Nemo via letter four times to allow the insurance to cover whilst i was unemployed ...nemo has replied saying they would investigate the matter and get back to me

 

But shockingly i get a possession order from a county court from Nemo solicitor for a hearing on 2nd september 09 , what should i do , please help......

[enoughisenough]

Hi i'm surprised you haven't had a response! My non expert opinion is that you immediately apply for a strike out on the basis of the noneimplwmentation of the insurance policy designed to cover you. You need to keep this short and sweet. Was the policy with nemo or someone else?

[dipobrazil]

I would really appreciate any help please

 

I have a possession hearing from nemo secured loan in early september 2009, for £2500,

I was out of work since Oct 2008,I have checked the agreement and I am supposed to have PPI on it ......but nemo never sent me a policy booklet or any info about the insurers for me to contact them .....so I had been sending them letters saying that i was out of work and could the PPI cover me......but never heard any info back, no letters whatsoever , so i naively thought the PPI was paying up ......but suddenly in june i got a letter stating that i was owning £2500 arears .I called them and told them i was out of work,but all they kept saying was just pay.They never mentioned anything about the PPI ,the insurers name or the claim proceedure.Which i felt was not proper...i would have thought the firm would at least try to seek out all possible ways of helping the debtor in such a senario, .

 

I immediately sent a complaint stating that i had just checked the copy of my agreement and there was PPI there and that i had tried communicating with them about the PPI.....they replied and said they had sent me an insurance policy booklet at the begining which i never got, and for the first time i was told the insurers were aviva and then they sent a copy of the claiming proceedure ...telling me it was my responsiblity to put a claim in( but i never got the information on who to claim from or how to claim , as that would have solved everything )I have now called the insurance firm and awaiting the claim forms.

 

That same day they sent me a court hearing date for possesion.

 

I noted in the statement attached to the court hearing letter i recievd .....that i was charged £30 for unpaid direct debits, £25 for letters sent...£90 for Reg Home visit fee ,a visit i never witnessed amounting to about £500.......

 

I immediately sent a letter of complaint that i needed the amount either refunded or removed....but they replied saying that the charges were stated in the agreement and that nemo are regulated by Fsa and that the charges were lawful....But i thought £30 was too high for unpaid direct debit(with reference to bank and credit card charges).CAN I RECLAIM FOR A REFUND OF THIS CHARGES is it possible, and hopefully dispute against the total sum in stated in the hearing.

 

Please i need help on what to do.......

 

1.what the possible ways of staying the possession or even adjoining the case for another say 4 months .

 

2.how can i use the issue with insurance information not being given to me on time such that, i only now just applying for the claim .

 

3.how can i use the fact that the lender did not seem to try to help me in any way when it was obvious to the that i had PPI.

 

 

4.How can i use the fact that the £30 charges are too high...since they are not budging on that ,can i sue them now .. would that help stay the possesion case.

 

5.I can raise some money on my own say about £400, should i pay them that and ask for an arrangemnt.

[Tawnyowl]

I believe this thread now has a branch here,and seems to need some help---help-possession-order.Thanks to anyone who may be able to help.Tawnyowl.

Edited July 25, 2009 by tawnyowl

[sillygirl1]

It seems rather odd that they jave a date for September 09, you have plenty of time to counter claim and get them in a tizz instead.

 

Where are you with this and we will help you get an answer out of Nemo, you can now use the County Court rules to get an answer out of them, and if they don't reply then you can have the claim struck out.

 

Is it a second charge as there are now protocols set out by the OFT for second charge companies to follow.

[Tawnyowl]

Hello sillygirl 1 and enoughisenough this has been posted elsewhere,hes getting worried--Help! Possession Order

I would really appreciate any help please

 

I have a possession hearing from nemo secured loan in early september 2009, for £2500,

I was out of work since Oct 2008,I have checked the agreement and I am supposed to have PPI on it ......but nemo never sent me a policy booklet or any info about the insurers for me to contact them .....so I had been sending them letters saying that i was out of work and could the PPI cover me......but never heard any info back, no letters whatsoever , so i naively thought the PPI was paying up ......but suddenly in june i got a letter stating that i was owning £2500 arears .I called them and told them i was out of work,but all they kept saying was just pay.They never mentioned anything about the PPI ,the insurers name or the claim proceedure.Which i felt was not proper...i would have thought the firm would at least try to seek out all possible ways of helping the debtor in such a senario, .

 

I immediately sent a complaint stating that i had just checked the copy of my agreement and there was PPI there and that i had tried communicating with them about the PPI.....they replied and said they had sent me an insurance policy booklet at the begining which i never got, and for the first time i was told the insurers were aviva and then they sent a copy of the claiming proceedure ...telling me it was my responsiblity to put a claim in( but i never got the information on who to claim from or how to claim , as that would have solved everything )I have now called the insurance firm and awaiting the claim forms.

 

That same day they sent me a court hearing date for possesion.

 

I noted in the statement attached to the court hearing letter i recievd .....that i was charged £30 for unpaid direct debits, £25 for letters sent...£90 for Reg Home visit fee ,a visit i never witnessed amounting to about £500.......

 

I immediately sent a letter of complaint that i needed the amount either refunded or removed....but they replied saying that the charges were stated in the agreement and that nemo are regulated by Fsa and that the charges were lawful....But i thought £30 was too high for unpaid direct debit(with reference to bank and credit card charges).CAN I RECLAIM FOR A REFUND OF THIS CHARGES is it possible, and hopefully dispute against the total sum in stated in the hearing.

 

Please i need help on what to do.......

 

1.what the possible ways of staying the possession or even adjoining the case for another say 4 months .

 

2.how can i use the issue with insurance information not being given to me on time such that, i only now just applying for the claim .

 

3.how can i use the fact that the lender did not seem to try to help me in any way when it was obvious to the that i had PPI.

 

 

4.How can i use the fact that the £30 charges are too high...since they are not budging on that ,can i sue them now .. would that help stay the possesion case.

 

5.I can raise some money on my own say about £400, should i pay them that and ask for an arrangemnt.

Edited July 25, 2009 by tawnyowl

[Tawnyowl]

Hi dipobrazil,have posted your post on your original nemo thread. so its upto date.Sillygirl 1 has replied here-http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/204683-nemo-secured-loan.html

Edited July 25, 2009 by tawnyowl

[sillygirl1]

H

I have a possession hearing from nemo secured loan in early september 2009, for £2500,

 

This is the most important thing to focus on, we need to have the particulars of claim posted up, you can scan it in, minus your personal details or just type up the claim, then we can do the defence of that for you.

1.what the possible ways of staying the possession or even adjoining the case for another say 4 months .

 

The chances of this are high, there are guidelines that second charge lenders now have to follow set out by the OFT and they need to be included in the court defence, to show that Nemo HAVEN'T followed them.

 

2.how can i use the issue with insurance information not being given to me on time such that, i only now just applying for the claim .

 

That will be part of your defence - and they will have to supply all paperwork by September (which possibly they won't have) so if we defend now we can delay them - but only if it is in your own favour.

 

3.how can i use the fact that the lender did not seem to try to help me in any way when it was obvious to the that i had PPI.

 

Again, we can use this in your defence.

 

 

4.How can i use the fact that the £30 charges are too high...since they are not budging on that ,can i sue them now .. would that help stay the possesion case.

 

It is irrelevant at the moment but if they have included the charges in the arrears figures then it is very relevant. You will need to put these in your defence as well.

 

5.I can raise some money on my own say about £400, should i pay them that and ask for an arrangemnt.

 

NO - under no circumstances do this, if you ask for an arrangement you can't keep it will make matters far far worse (I speak with experience here). DO not borrow any more money. You will need £75 for your defence (but you can claim this back if they back down at the last minute)

 

What you need to do now is list the following

 

Date of original loan, amount borrowed, copy of any paperwork numbered as follows

 

1 Original agreement

2 Statements in order with payments made by you highlighted in one colour, charges made by them (other than interest) in another

3 List of all letters sent and dates/times of calls from them to you and back.

 

From this point on keep a record of all paperwork and calls, it can be used against them.

[jansus]

http://www.consumeractiongroup.co.uk/forum/repossessions/162867-blackhorse-long-story.html

 

It might be worth you reading this thread as it concerns PPI and possession. And the courts reaction.

[dipobrazil]

hello everyone...sorry for the delay ...but i recieved a letter since my last post from nemo where they eventually gave me the information of who the insurance company were.....i had called the insurance company which is aviva...and after a couple of weeks i had recieved claim forms .....which i have filled and just sent off to them today.

 

i have attached the court letters and statm,ents as requested

 

the total loan amount is £16765.00

payemnet protection is £2765.00

initial cash loan amount is £14000.00

 

i sent 4 letters since 2008 asking that the insurnace should cover as nemo did not give me any detail about who the insurance company was, how to go about a claim, an insurance certifiacte ....nothing what so ever ...all i had that showed the ppi was the agrrement which did not state what i should do to claim

 

Nemo did not respond to any of the letters....on 3rd june i sent another letter when i saw they had sent me an arrears letter.still no responce, on 6th july i used special delivry and did a certified fax to their office of the same letter.....i got an instant reply that same week ....that they would look into the matter.that same week they took the matter to court.

 

on 21st july the sent a reply to that letter with the name of the insurance company and a photocopy of how to claim.i have scanned and attched the letter.I really feel nemo acted unfairly here and did not show any reasonable help or advice to the matter despite we had communicated with them on phone and letter....

 

 

since the court hearing is on 2nd sept ...i need to send a defence asap ...and i was wondering if anyone could help me with writting a up a defence or how i should go about it with the points i have so far

details removed.zip

Edited August 24, 2009 by dipobrazil

[42man]

I'm really not familiar with repo defences....however my feeling is that you have obviously made a major dispute previous to any court action they had taken and all they have done is ignored it. (a judge will NOT be happy with this as it also contravenes the OFT's guidelines on debt collection)....make sure you make the judge aware of this too - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/204563-european-court-ruling.html as you have an obvious case of missold PPI, then i'd say that it brings the whole agreement into question, and could possibly give you cause for restitution and restitutionary damages...and don't forget the excessive charges too....did they issue you a default notice ? do you still have it ? can you post it up here (minus the personal details)

[42man]

I will also move this thread to the reposession forum also

[Ell-enn]

Hi there, I can help you with filling in the N11M defence form if you have not already done so.

[Ell-enn]

Hi, thanks for your PM, affixed is the statement for Q27 of the N11M form.

 

In the box at Q.27 write "see affixed statement".

 

You will need to put the information in the statement where I have put XXX's (remove the XXX's). When printing it out make sure your printer is set for A4 paper and not Letter size so the statement stays all on one page.

 

I have referred to letters, Aviva claim form etc in the statement - you need to take photocopies of these letters (and any proof of delivery). Write the claim number on the top left hand corner of everything you are attaching.

 

Assemble as follows:

 

N11M form, completed and signed

Statement, signed

All letters, Aviva form etc - with claim number written on.

 

You then need to take a photocopy of it all for yourself to take with you on the day of the hearing.

 

Any questions, just shout.

 

Ell

Dipobrazil N11M Q.27 Statement.doc

[dipobrazil]

Hi

I got the following documents in the post from the lawyers of nemo

 

it seems they are claiming for the whole loan amount and not the arears...what should i do now

[heliosfa]

Hi

I got the following documents in the post from the lawyers of nemo

 

it seems they are claiming for the whole loan amount and not the arears...what should i do now

Hi Dipobrazil,

 

Those piccies are a bit small, can you host them on photobucket and post thye links instead of using the thumbnails

 

Thanks,

H

[Ell-enn]

Hi, that's a fairly normal witness statement for a possession claim. They are assuming they will be given possession and therefore they are owed the outstanding mortgage.

 

However, you have entered a defence which will be considered by the judge and possession is not a foregone conclusion.