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emanevs

Northern Rock - Is This Enforceable????

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Hi,

 

Can anyone tell me if this agreement is enforceable?

 

I also have a legal charge on my property for this?

 

any help would be appreciated.

 

many thanks,

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Have seen a few like your Northern Rock one before. Not sure at the moment. They have failed to mention the amount of monthly repayment which on the face of it is a prescribed term breach, but its variable rate interest so I think they may be allowed to omit this, not sure i'm afraid

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An agreement is enforceable by a court (altough a court may decide not to enforce it) oif it is signed by the debtor and has the prescribed terms. For a fixed some loan the minumum prescribed terms for a fixed sum laon are the amount of the laon and the repayment terms (amount and frequency) - yours has this, so is enforceable, provided they are correct. I can't tell of they are correct because you have removed all the numbers


Steven

 

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Hi,

 

Here it is with the numbers,

 

PS. THEY HAVE NOT SIGNED IT - DOES THIS MAKE ANY DIFFERENCE??

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The fact that they have not signed it makes it not properly executed as defined in s61 of the CCA 1974 and therefore only enforceable by a court (s65). It has the basic minimum that would mean a court could enforce it if it wanted to (without the basic minimum a court would not be able to enforce it) but it would be up to the court to decide. Usually, of course, a court wold decide to enforce it as they usually side with the creditor if they can :(

 

The figures in the agreement you posted add up right - I calculate monthly repayments as 148.27 and that gives an APR of 6.5% which is what is stated.

Edited by steven4064

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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The problem I have with this agreement is that Northern Rock have now secured this loan on the property. I want to get this charge set aside on the basis that it is unenforceable.

 

Can I/how do I get this sorted?

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Becasue it is not properly executed it can only be enforced by court order. The court has discetion about whether or not to grant an enforcement order but are only prohibted from so doing if the basic requirements of s127 are not met. However, in your case, they are met. So you would be completely at the mercy of the court.


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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can I still apply to set aside on the basis that it was not properly executed, and that in any event the amount was included in BR. Also, what are the basic requirements of S127 and how do I put all of this in submitting a court case for consideration????

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The basic requirements are that it shol dbe signed by you and have the tems prescribed in schedule 6 of the Consumer Credit (Agreements) Regulations 1983


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Hi, Thanks,

 

So, apply to set aside judgement/charging order, pay court fee and in my particulars, state that the credit agreement must have the terms prescribed in schedule 6 of the Consumer Credit (Agreements) Regulations 1983

 

any pointers would be appreciated.

many thanks,

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You could point that out but I don't think it will help you very much because, as I have already said, the terms prescribed in schedule 6 of the Consumer Credit (Agreements) Regulations 1983 are in your agreement.

 

I think the correct way to phrase it is to say that the agreement does not comply with the requirements of s61 of the CCA 1974 and so is not properly executed. It is therefore unenforceable (note - that is, unenforceable by NR) and ask for a set aside on that basis.


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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ok, thanks, just a quick statement alone that line in my particulars or reasons for setting aside then?

 

Does this reason also apply to this:

 

http://www.consumeractiongroup.co.uk/forum/welcome-finance/204878-welcome-finance-enforceable-2.html

 

Many thanks again,

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anyone help with how I do about doing this?? templates??? how to???

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I cant really believe this, but I requested two spearate information requests pursuant to S77 and S78 of the Consumer Credit Act 1974. The loans were in both names.

 

One was made by me, one by my wife.

 

My copy request agreement came back unsigned and as a result of it being unenforceable, I have applied to the court to get the judgement they had on the debt set aside.

 

My wife's copy came back - same agreement that I had, but this one was signed!

 

This copy of loan agreement request was made after I applied to have it set aside on unenforceability!!! I am thinking that they realised the loan agreement was unenforceable after I applied to have it set aside. When my wife asked for a copy they signed it!!

 

I think that there is something dogey going on, but I do not know what to do.

 

I have also received a date from the court to hear my application to set aside which is first week in September.

 

Can anyone, please, please help!!!! (I also dont know how to pm anyone!!)

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Hi, Emanevs,

 

Could you post your application to set aside?

 

I didn't understand the basis of the SA - have they got a ccj against you or are you trying to get the court to term loan agreement 'unenforceable'?

 

BAE :)

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Hi,

 

I have two CCJ's (after determination) 'before a proper officer' relating to two Northern Rock claims against me and my wife.

 

One of the claims had an admission, but with no defence.

Other had admission files, but with no defence.

 

These subsequently become charging orders against my property, even though I was in an IVA, and subsequent bankruptcy. Both of these debts were included in my IVA. My wife tried an IVA, got refused by Northern Rock (who were the main creditor) and Northern Rock then got two charging orders on my wife's (only) beneficial interest.

 

 

I am now in the process of setting these judgements aside and have a hearing on the 2nd September 2009.

 

Any help on how to get this set aside and remove the charging orders will be absolutely fab!!

 

many thanks,

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Hi,

 

I have two CCJ's (after determination) 'before a proper officer' relating to two Northern Rock claims against me and my wife.

 

One of the claims had an admission, but with no defence.

Other had admission files, but with no defence.

 

These subsequently become charging orders against my property, even though I was in an IVA, and subsequent bankruptcy. Both of these debts were included in my IVA. My wife tried an IVA, got refused by Northern Rock (who were the main creditor) and Northern Rock then got two charging orders on my wife's (only) beneficial interest.

 

I am now in the process of setting these judgements aside and have a hearing on the 2nd September 2009.

 

Any help on how to get this set aside and remove the charging orders will be absolutely fab!!

 

many thanks,

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What basis are you looking to get these set aside Emanevs ? agreement ? default notice ? termination ?


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Hi,

 

I had a mortgage review with Northen Rock, (c**p together mortgage!)

 

20/11/05 they sent me a letter saying "thank you for your offer of loan acceptance form, deed of variation, and credit agreement."

 

It also said that "completion of my mortgage review took place on the 01/12/05."

 

However,

 

The Credit agreement was signed by me on 27/11/05

The credit agreement was signed by them on 20/12/05

 

Also, no face to face discussions, didnt sign on the premises, didnt give me any details on how to cancel the agreement

 

Surely, this agreement is unenforceable???

 

Please can someone help??

:confused::confused::confused::confused::confused:

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How much was the mortgage for. Was it a 1st charge mortgage, or a Welcome type secured loan?

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originally unsecured together loan, they now have a charging order for this in my wifes name.

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Then it's not a mortgage. And distance selling regs would apply. Unless the loan was for over £25K. Was it a Regulated Agreement? Any PPI etc on it?

 

I assume the charging order was as a result of your wife not turning up to defend a claim?

 

Not sure without seeing the paperwork.

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hi fester,

 

loan was under 25,000 and regulated by CCA 1974. no ppi, charging order as a result that my wife and I didnt turn up to gateshead court.

 

We are in court on Tuesday, what should we do?

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