Northern Rock - decree received 19-jan - help low income, have not listened to my offers

[chattanooga]

Sent for a CCA from Nor. Rock personal loans, they have responded with this...

 

 

Any thoughts?

 

I'm currently struggling to make the payments (even on a reduced payment plan). I will have to make just small payments for the next few months until income picks up, It would be nice to know if the agreement s unenforceable to give me some peace of mind that NR won't just take me to court. Although I can't afford to pay them any more anyway.

 

Loan was taken out in 2004.

 

p.s. I think I may have also put another couple of similar threads in the wrong place, could someone please comment on these...

 

http://www.consumeractiongroup.co.uk/forum/debt-management-debt-self/271093-natwest-credit-card-cca.html

http://www.consumeractiongroup.co.uk/forum/debt-management-debt-self/271092-citibank-cca-response.html

[Bazooka Boo]

Was this signed on their premises?

[chattanooga]

No, it was applied for online and then they sent the agreement through the post a few days later if memory serves. I don't deny the debt is mine, and I'm not trying to avoid paying it back but it would be nice to know if it's unenforceable through a court though, just to give me a bit of breathing space, I just cant afford the repayments at the moment.

[Bazooka Boo]

Well I can't see any box with 'Your right to cancel'

So IMO I would say it is unenforceable, others will hopefully be able to confirm this.

[chattanooga]

I've just had another good look at what they sent me, and you're right. I cannot see any right to cancel anywhere.

[Bazooka Boo]

Which is a requirement if you signed this off premises.

[chattanooga]

I've just realised I put the same sheet in two different pics. The correct third image should be...

 

 

I still can't see a right-to-cancel clause though.

 

Edit: Although 7. (e) sort of comes close.

Edited August 3, 2010 by chattanooga
Noticed something

[chattanooga]

Can anyone confirm what Bazooka thought?

[chattanooga]

I have received this morning an i&e form in response to making a token payment after being on a CCCS repayment plan which I have been unable to keep to.

 

 

I am aware that I am under no legal obligation to fill it out (which will take ages, its huge!) but are NR more likely to accept token payments for a few months until I get things sorted out if I do complete it or is it really a waste of time and I should just keep paying something each month even if it is a token payment?

 

Any thoughts on how to respond (if any is needed)?

[dx100uk]

ignore it

just pay what you can.

they'll only pressure for more money eitherway, so pointless exercise.

 

dx

[Debvfm]

I agree. Ignore it. They have kidded me along for 3 weeks (when I have a repossession looming) with this form and then refused it as they couldn't read one entry.

 

It is just delaying tactics on their part so that they win. Don't let them.

[chattanooga]

Quick update.

 

I've been making small token payments since July but other than the above "send us your financials" letter I have not had a "we accept/reject your propsals" letter, but just in the last few days they seem to have gone on the offensive. 6 phone calls in 5 days including a couple of silent ones (which to be honest doesn't really worry me as I have a pretty thick skin although I have written to them anyway telling not to call, writing only.)

 

I also received this "final notice"

 

 

One thing that interests me slightly is the fact they seem happy to take payment via credit card, I was under the impression that this was against OFT guidelines, i.e. using credit to pay credit and encouraging the very cycle that got me into this mess in the first place.

[chattanooga]

I received another I&E form identical to the first one. Is it worth sending a letter along the lines of...

 

"Income too variable, no point in filling out your form, I can't commit to any payment in the short term, I am aware I'm not obliged to anyway."

 

Would it make any difference if I at least show willingness to communicate?

[dx100uk]

at the end of the day

no judge will make you pay more

in-fact, most judges will laugh them out the door and prob asign a smaller payment.

 

pers i'd ignore them.

 

 

dx

[dx100uk]

where is the right to cancel box?

 

dx

[chattanooga]

where is the right to cancel box?

 

dx

 

There isn't one

[dx100uk]

threads merged

 

dx

siteteam

[Bazooka Boo]

Just read the letter they sent and apart from the usual immature threats I had to laugh when I read the name the computer used to sign off the letter "J.Horner" Not THE Jack Horner who sits in a corner eating his Christmas pie....

 

I do hope you haven't ignored them and have called them? Otherwise they get very angry and the coloured crayons come out!!!!!!

 

Personally I would fill in their I&E form and fill it with zero's, OR, make up your own I&E form and ensure you list the following;

Personal Chauffeur wages £150 per day,

Cleaning staff x 8= £800 per day,

Private Jet hire £25,000 per hour,

Cheese & wine & caviare Parties x 4per month £18,000 ea.

Running costs of private helicopter with pilot, £85,000 per month.

Cost of stationary and postage to amuse debt collectors, £1 a week...

[chattanooga]

threads merged

 

dx

siteteam

 

Thanks dx.

 

Just read the letter they sent and apart from the usual immature threats I had to laugh when I read the name the computer used to sign off the letter "J.Horner" Not THE Jack Horner who sits in a corner eating his Christmas pie....

 

I do hope you haven't ignored them and have called them? Otherwise they get very angry and the coloured crayons come out!!!!!!

 

Personally I would fill in their I&E form and fill it with zero's, OR, make up your own I&E form and ensure you list the following;

Personal Chauffeur wages £150 per day,

Cleaning staff x 8= £800 per day,

Private Jet hire £25,000 per hour,

Cheese & wine & caviare Parties x 4per month £18,000 ea.

Running costs of private helicopter with pilot, £85,000 per month.

Cost of stationary and postage to amuse debt collectors, £1 a week...

 

That is beautifully tempting sure enough, the geeky square in me will probably resort to sombre seriousness though despite the temptation to tell Jack Horner exactly where to stick his thumb to look for his plum.

 

They certainly seem to place a great deal of weight on their I&E form, had another request from them...

 

 

On the plus side they have agreed not to communicate by telephone and do everything in writing which to be honest, I was expecting more of a fight over.

[Bazooka Boo]

It is very simple, they don't get to see your private I&E full stop.

Ask them which district judge has requested your I&E so that he can view it and advise them accordingly as to how much you can afford?

Or tell them to get down off their high horse, and that YOU will tell THEM how much YOU will pay THEM, if they don't like it to take you to court where you will gladly allow a DJ who is suitably qualified to view your private information, either way the muppets aren't getting anything, you have their bank details, just go ahead and set up the standing order paying them what YOU have decided you can afford. They won't be able to take any legal action.

[chattanooga]

Their response to my unwillingness to complete their I&E has resulted in them defaulting me, received this notice by first class post yesterday.

 

**removed because your name is showing**

 

I'm a bit flummoxed by what they refer to as a "rebate" though Anybody seen that before?

Edited October 3, 2010 by cerberusalert

[Bazooka Boo]

Rebate is how much you would get back if you pay this off earlier than expected.

Oh well, start the complaints process to the FOS, inform them that they have issued a DN in response to you not jumping through their hoops.

[chattanooga]

I wonder how many people who are in a struggle financially receive one of these notices and suddenly "find" x thousand pounds to pay them...I would wager not many. Seems a waste of ink in many respect.

[tracybeaker]

subbing with interest - im at the same point with NR

 

TB

 

I have been paying them as part of an agreed payment plan which is due to end next month and they have sent me a letter asking me for detailed I&E - which I'm not willing to supply (as they already had this at the beginning of the agreement and my circs have not changed at all) so I am going to cancel the card I have been paying them on and set up a SO for the amount which I have been paying as I cannot afford any more.

[tracybeaker]

Hi,

 

sorry, i wasn't trying to butt in on your thread, I was just explaining what course of action I am taking in what appears to be similar circs to your own.

 

TB

 

I'm going to start my own thread as and when I need to.... good luck with yours xx