NRAM got [uncontested] CCJ/CO. £6k PPI on £15k loan! [never reclaimed] now sold debt - help

[will lliw]

Hi, the hearing is for summary judgment and I dont know why its at Gateshead

as I stated on the AQ that I was not prepared to

travel the length and breadth of the country to defend myself against the allegations

of third parties (perhaps maybe thats why its at gateshead lol).

 

Im certainly not going all the way up there,

so I need to get it moved. Any ideas how one goes about requesting this?

 

I also have stumbled upon this thread, and it has provided a possible defence I could persue.

 

 

I think my CCA is atleast unenforcable as there is no statment of my right to cancel:

 

this from (post 9 at bottom of thread)

http://www.reclaimtheright.eu/forum/showthread.php?162851

 

 

There is also the issue of the 'Right to Cancel' which must be present in an outlined box within the signature page

if an agreement is signed at home.

This is covered by the CCCA 1983 see pages 4 & 5 and must be in the prescribed form.

[dx100uk]

pers no

 

i would sent the stand PPI let and a spreadsheet.

 

dx

[MandM]

Hi, the hearing is for summary judgment and I dont know why its at Gateshead as I stated on the AQ that I was not prepared to travel the length and breadth of the country to defend myself against the allegations of third parties (perhaps maybe thats why its at gateshead lol). Speak to the court about getting it moved to your local court.

 

Im certainly not going all the way up there, so I need to get it moved. Any ideas how one goes about requesting this?

 

I also have stumbled upon this thread, and it has provided a possible defence I could persue.

 

 

I think my CCA is atleast unenforcable as there is no statment of my right to cancel: It's a good thread. you'll need to read up A LOT now if you're going to start putting a defence together around this. And start looking into SJ hearing threads. You've got that bridge to cross first. What they're saying is they've seen your defence and it has no reasonable prospect of success, hence the SJ hearing.

 

this from (post 9 at bottom of thread) http://www.reclaimtheright.eu/forum/showthread.php?162851

 

Start reading up on PPI. Put as much info up as you can about yours. if you're going to introduce a c claim at this stage I believe there's a charge.

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex50_e.pdf

 

M

[beachcomber60]

Start reading up on PPI. Put as much info up as you can about yours. if you're going to introduce a c claim at this stage I believe there's a charge.

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex50_e.pdf

 

M

 

M&M

 

Trying to contact you by PM but your box is full

 

Beachy

[MandM]

M&M

 

Trying to contact you by PM but your box is full

 

Beachy

 

Hi Beachy, cleared again now.

 

M

[will lliw]

Hi folks im back!!!!!

 

Im going to be tackling this issue very shortly now that i have the time and energy to devote to it.

 

Can anybody answer this question or share there experiance......

 

Northern Rock succesfully got a judgment as i didnt attend the hearing prefering to stick head in sand.

 

They put a charge on my house

wondering if it would be wise to start poking at the hornets nest by writing to them about the PPI

and then possibly attempting to get the judgment set aside and consequently the charge lifted?

 

Never done anything this complicated before so all input welcome.....

Edited July 11, 2012 by will lliw

[ims21]

So the Judgement was late 2010 and are you saying that no-one has chased you for it yet?

[will lliw]

Thats correct nobody has chased me yet,

 

im new to this so are you saying this is unusual?

 

Could they know that they have document issues?

 

Dont want to start challenging them though untill i know what might happen re the charge.

[will lliw]

im talking to myself again look lol. I just read http://www.consumeractiongroup.co.uk/forum/showthread.php?203298-A-guide-to-Charging-Orders-amp-Orders-for-Sale%281-Viewing%29-nbsp

 

Would it be best to urgently send NR a ppi letter and cca request

as i think about geting the CCJ set a side on the gournds it contains PPI which was misold?

[ims21]

Have you ever worked out what the PPI claim amount would be and compared it to what the amount of the CCJ was to see what impact it has in reducing the debt?

 

If not it might be an idea to do so in order that you can see exactly how the land lies.

[will lliw]

ok good idea,

 

my first action then would be to SAR NR to see how the land lies as you say.

 

But as my thread title says atleast a third of the debt is PPI and related interest i bet.

 

I recall that my request to have this case heard at my local court was rejected

and as i couildnt attend the hearing a judgment was issued against me in my absence..

 

Ive got lots to catch up on here , back soon lol.

[will lliw]

Hi all, been a while since last logged in here,

 

just been reading my thread because this one has just crawled out from under the carpet again.

 

Thanks for all your help in the past,

i suffer from depression and have to work hard to keep my head out the sand,

 

thanks for your patience all....

 

Apparently this debt has been sold to Marlin Capital now and

 

there attack dogs, Mortimer Clarke have written stating their client seeks an affordable way for the debt to be repaid.

 

The debt it is now claimed to be in excess of 23K.

 

Im not over worried about Marlin since they are a bulk DCA untill im told otherwise

and I do have a PPI reclaim bomb ive been saving up just for this event,

 

right now just thinking of the best way to deal with this one as my income is low,

im currently on ESA awaiting appeal having been turned down by ATOS,

as such I do not have the funds to pay this and its unlikely i ever will due to sickness.

 

Ond day i accept I may lose the house especially if the market booms lol

but until that day comes I will fight them there is no equity at present and I think this has kept me in my home for now...

 

.. I wish i could turn back the clock and live my twenties all over again, debt free this time.....

 

A summary of actions so far:

 

2004 Unsecured loan taken with NR for 16K with 6K of unwanted PPI (not yet reclaimed)

2009 Default due to sickness, did not claim on PPI to many hoops to jump through.

2010 Northern rock changes name to NRam

2010 Nram provide copys of CCA complying with SAR.

2010 NRam obtained CCJ, I did not attend as case was not moved locally despite requesting local hearing.

2010 NRam obtained charge on house due to above CCJ.

2013 Marlin capital buy debt and begin to pursue payment.

 

I have yet to write to NRam to claim the PPI back,

didnt want to do that whilst they still held the debt

as worried they might have turned up the heat to collect the debt claimed.

 

Just thinking of my best strategy to proceed here

but a PPI claim to NRAM is imminent now,

 

anybody know how NRam will deal with that claim having sold the debt on,

will they write a cheque to the Debts current owner?

 

Any thoughts welcome even if its a telling off for letting this get so far.....

 

I think my next steps should be to CCA and SAR the attack dogs Mortimer Clarke

to ask them who the hell Marlin capital are since I have no record of them other than this letter today,

 

im sure I didnt receive a NOA from Nram.

 

When thats done I will do the PPI claim letter to NRam,

finally get to let that cat out the bag....

 

Just one more question please, becasue of the PPI mis sold element of this debt is the charge or even CCJ itself devoid at all?

Edited November 14, 2013 by will lliw

[dx100uk]

hi will

 

I don't think the ppi element could be used to revoke the ccj/co.

 

as for the cca poss being wrong having ppi etc

the ccj will over rules that now sadly.

 

nram have obv sold the debt

 

now you've never made any payments

so

I think we can assume that the new owners will have to go back to court to get their name sust'd on the CCj/co

they cant enforce it I think.

 

however.

I would suspect the new owners or their dog

no NOTHING about the CCJ/CO

 

so DONT tell them...

 

correct?

 

the letters are just std threat-o-grams?

 

dx

[will lliw]

Thanks for the reply DX100uk and the thread title change, most welcome indeed.

 

I have not communicated anything to Marlin and dont intend to give anything away to them like that!

 

As far as i'm concerned, right now Ive go no business with Marlin

and they have none with me until A NOA is received from NRam.

They are just bothering me with harassing letters....

 

I think I will write to Marlin telling them to politely sod off and get my PPI claim into NRam pronto.

 

Will be interesting to see how NRam deal with it,

must confess this one gives me the willys a bit being the largest alleged debt i have to deal with..

 

.. Got proper stitched up on that one though no wonder the markets crashed with lenders behaving so wickedly......

[will lliw]

UPDATE..... Its getting complicated.

 

Received in writing from NRAM, they have agreed that the PPI was front loaded to the loan and missold so the outstanding balance they claim to be around £16K now and not £22K+. Little bit of progress there and some money to add into any offer I might be compelled to make if this loan is still lawfully enforceable that is, i have no idea who owns the note these days...... Read on youlle see.

 

 

So NRAM have offerd a refund of the ppi plus interest but with terms that i'm still considering including they want to change the charging order they obtained on the back of the summary judgment to the new figure above. I'm still researching this but surely NRAM would need a new CCJ judgement and since there can only be one CCJ per loan then i can only imagine there plan is to get the current CCJ with the £22K figure set aside and apply for a new hearing i.e start the process again or is that just wishfull thinking?

 

Further to that there is the question over NRAM actually have any lawfull right to do anything with the alleged outstanding debt now since Marlin claim ownership having claimed to have purchased it from NRAM in late 2013? But NRAM obtained the judgment by default in part because I was unable to travel to the hearing at Gateshead getting on for nearly 4 years ago now. So it gets better, NRAM claim to have disposed of the debt to Marlin, in which case how can NRAM do anything with it since they do not have lawfull title to it anymore and if they do then it proves Marlin are indeed interlopers?

 

This is complex and im sure others have similar storys and experience to share, I would be grateful to hear about them. At this point i dont know who has legal title to the alleged debt but I know only NRAM have the right to enforce the charge since its in there name but they sold it to Marlin and as such have been paid off Debt disposed, written off etc, and the CCJ the charge relates to is now invalid being the wrong figure due to NRAM miss selling PPI????