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majik

Northern Rock dodgy default !!

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Hi

 

Im hoping someone can help me out a lil bit.

 

Long story short, i was married and had a jointly owned property which my ex husband agreed to pay for until it was sold and also to pay any shortfall in full as it was mainly his fault for not paying it when he should have etc.

 

I informed them that i was not living at the address and gave them my new address however they sent a default notice to the old jointly owned address which no one lived at, they then terminated my agreement with them a few weeks later. I never knew this until 2 weeks ago when i received copies of default notice and termination notice as part of my SAR (A whole other story)

 

As i didnt know then what i now know they took £13,500 towards an unsecured loan (Joint) and also chased me for the shortfall (Agreed to pay 50% if they removed my liability) i only agreed to pay half the shortfall as i was being threatened with legal action etc and didnt want it to ruin my credit file. i do have several xontracts from my ex husband to pay the shortfall but he declared himself bankrupt staright after the sale of the flat etc.

 

Now my question is should i have had to pay that money ??

 

The default notice is dated 8th November (Saturday) and states that default must be remidied by 24th November, i dont think that allows for postage and the 14 clear days, they then terminated the agreement in a letter dated 29th November. As i beleive the agreement was terminated on a dodgy default am i correct in thinking that they only thing they could claim was the amount they defaulted for ?? if so this was around £210

 

If this is correct how do i claim back the money i have already paid ?

 

Amout to be reclaimed is approx £10,000 (50 % of the equity) + £xxxx which i paid to remove my liability.

 

I have an ongoing case with the FOS but just looking for the legal jargon to prove that as the default notice was wrong and they terminated i was not liable to pay what i have and should get it refunded.

 

Regards

 

Majik


If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal Experiences/Mistakes lol...

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Thread moved to Legal Issues forum where it may get more response.

 

In the meantime, this link may help. http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/200901-anatomy-default-notice.html#post2186015


 

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Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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what year was the deafult issued...........as the laws changed in 2006?

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Defaulted and then terminated in November 2007, Loan/Mortgage was only taken out in September 2006 so should come umder new laws i guess ?


If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal Experiences/Mistakes lol...

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