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Northern Rock - It Continues!


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Some of you may remember my thread last year http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/153462-eversheds-nr-cc-claim.html

 

where Northern Rock's Claim ended up being discontinued.

 

Well, the attached letter has arrived today from their "Loss Recovery Unit" threatening "further recovery action".

 

Are they being complete muppets?

LRU Letter May 10.pdf

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Hi Peter I trust you are well apart from this windup:rolleyes:

 

 

Discontinuance and subsequent proceedings

 

38.7

 

A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if –

(a) he discontinued the claim after the defendant filed a defence; and

 

(b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim.

 

 

Did you claim your costs for the first case Peter?

 

Regards

 

Andy

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They are not aware that a TO is inplace then.Fax them a copy of the consent sealed order.

 

Andy

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MUPPETS!

 

Just spoke to them on the phone (OK, breach of Cardinal Rule #1 I know) and they are quite simply not aware of the results of the Claim! Apparently they are waiting to hear back from the Solicitors.

 

Think I'm just going to sit tight on this one!

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:D What are they hoping to hear from their Sols:p

 

 

Andy

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Your guess is as good as mine

 

Earth is flat? Gordon Brown is still Prime Minister? Pigs can fly?

 

They have basically told me that their "further recovery action" will be to "outsource it to a Debt Recovery Company" ... as if they can do anything!!

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Your guess is as good as mine

 

Earth is flat? Gordon Brown is still Prime Minister? Pigs can fly? Is he not?:eek:

 

They have basically told me that their "further recovery action" will be to "outsource it to a Debt Recovery Company" ... as if they can do anything!!

 

Fawlty Towers springs to mind sit tight Peter.

 

Regards

 

Andy

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Yup!!

 

In the meantime sent them this:

 

Dear Sirs

Your letter of 15th May 2010 has been received.

Further to my telephone conversation please find enclosed the following:

1. Copy of Tomlin Order made on 21st October 2009

2. Copy of Northern Rock’s Notice of Discontinuance of the Claim brought against us

3. Copy of our Notice of Discontinuance of Counterclaim brought against Northern Rock

4. Copy of Civil Procedure Rule 38.7 concerning Discontinuance of Proceedings and the bringing of a further claim

5. Copy of email correspondence with Eversheds LLP

Any “further recovery action” by yourselves will be construed as harassment and will be reported to the proper authorities and to the Courts.

I would be grateful if you would kindly record this letter as a formal complaint and instigate your proper procedures for dealing with the matter as such.

Yours faithfully

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Top drawer Peter keep me updated.

 

Regards

 

Andy

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  • 4 weeks later...
  • 9 months later...

David Pratt. Indeed.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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Hope this gets sorted for you, I am watching with interest as NR have just started chasing me again for payments on an unsecured loan. They also discontinued the case last year! And have threated further action, I have only received phone calls so far and I am sending a letter with details of the discontinuance - will watch for a letter then.

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  • 4 months later...

And so it continues. Mr Pratt at MH obviously got the message as I had two phone calls - one to the mobile (went to voicemail before I could get to it) and immediately afterwards on the landline. NR wanting to "come to a payment arrangement". Normally I wouldn't talk to these muppets on the phone but took great delight in telling them that they'd had their chance but bottled it at the 11th hour and there was therefore nothing to discuss. Response was that "we will have to take legal action". My reply was that they could try if they wanted but they would have to get permission from the Court who would want to know exactly why they had discontinued in the first place.

 

Anybody else share my opinion that this is now harrassment - and if so, could somebody please advise to whom and how to complain?

 

Cheers

 

PB

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I personally would just ignore them Peter i assume its just the one letter and 2 phones calls at this stage.

Hardly accounts to harassment.They are chasing a lemon and you have already informed the FOS.

 

Regards

 

Andy

We could do with some help from you.

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Not sure if this has any bearing on your situtation but thought I would offer if nothing more than food for thought.

 

I have recently been awarded judgment against NR for non compliance with the Data Protection Act, as they did not comply with my SAR. My SAR was a result of possession proceedings they initiated. The possession was suspended. I suspect they have sold my mortgage as part of a Special Purpose Vehicle. This means they had no cause of action in their proceedings. NR have failed to provide full statements of the account, any agreement, or breakdown of arrears. They also have failed to answer yes or no to the question of the SPV. The court order gives them 14 days to comply with my SAR which included information relating to any thrid party or SPV.

Please overlook my typos and spelling mistakes, sometimes my fingers arent in sync with my brain :)

I am just a consumer and have no legal training. My posts are opinion only, based on my own limited experience. If in doubt you should seek legal advice from a qualified practitioner.

 

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Thanks for that MrZ, I doubt if the "Special Purpose Vehicle" - if you are using that term to refer to NR being split up - would really have any bearing on my particular situation. The correspondence has all come from the same address as previously and "Northern Rock Asset Management" appears to all intents and purposes to be the same entity as "Northern Rock". Even if they were to try to use the "Special Purpose Vehicle" route to be able to re-instigate proceedings our previous defence and counterclaim would still stand.

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Not sure how or if the SPV would apply to you at all. But in my case it has nothing to do with the split. It has to do with Northern Rock bundling many mortgages and selling the "paper" to investors. In my case I believe my mortgage was sold as part of an investment product called "Granite". Do a search under "Northern Rock Granite". This was very commone from the late 90's up to the time of the credit crises. In fact its a big cause of the crisis. If this is the case in your situation, NR did not own your mortgage and therefore had no standing or cause of action to claim anything, let alone issue possession proceedings, as they were merely the administrator and not the owner.

 

Again not sure if its relevant in your case or not but thought it might be a consideration.

Please overlook my typos and spelling mistakes, sometimes my fingers arent in sync with my brain :)

I am just a consumer and have no legal training. My posts are opinion only, based on my own limited experience. If in doubt you should seek legal advice from a qualified practitioner.

 

Activ Kapital - Disputed £4,000.00 - 04/04/2011 Settled! WON!

HSBC Current Account - Defaulted for £200.00 Charges. - 19/05/2011 Charges Refunded Default Removed! WON!

HSBC Loan Account - £16,000.00 Unsecured Loan - 05/07/2011 Disputed No Further Contact WON! (for Now)

Barclaycard Account - Disputed account and £1500.00 Charges. - 18/07/2011 Charges Refunded! WON!

London Scottisht - Disputed account and Charges. £25,000.00 - 06/2011 Balance reduced by 95% WON!

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