Northern Rock Court Order Changed to NRAM

[YummyBaby]

Hi,

 

It's my first post here.

 

I've had a look through some of the forum boards and used the search engine but can't seem to find any definite info on the following.

 

Bit of background:

 

Following some arrears with our mortgage with Northern Rock in 2008 we ended up in court and a suspended possession order was granted in favour of NR - we offered monthly payment + suitable amount towards the arrears etc and this was agreed by NR and the judge included it as part of the order.

 

The arrears were cleared by a combination of paying them off and recapitalisation by NR (without our authority).

 

Our account was assigned to a different company - NRAM - and we received notice of such.

 

In 2010, following a period of six months reduced payments agreed in advance with NRAM, we've been hit with a large amount of charges, payments not being applied appropriately etc etc.

 

We keep going back to court for regular review hearings as we're making the monthly payments and so on but we've noticed that NR are no longer the claiming party and that the name has been changed to NRAM.

 

My question is: Can the Court Order that was awarded to Northern Rock be used by NRAM or do they need to start their own proceedings?

 

Thanks in advance for any assistance with this and my apologies if the info is elsewhere and I haven't come across it yet.

[Lea_HTH]

My question is: Can the Court Order that was awarded to Northern Rock be used by NRAM or do they need to start their own proceedings?

 

 

Short answer: yes, they can continue to use the order awarded.

[YummyBaby]

Thought so.

 

Thanks for the reply. Just wanted to double-check before I opened my mouth at the next review.

 

Which opens up the next question:

 

The court order is as binding on them as it is on us?

 

NRAM told us that because they did not agree to this arrangement then they are entitled to act as if no such arrangement is in place and make penalty charges to our account.

[Lea_HTH]

If NRAM are going into court using this order, then they are accepting that it is valid. They cannot try to use the court order on the one hand and on the other disregard it so they can add charges.

 

Make a note of all charges they are adding, and the next time you are in court, present the judge with a schedule of payments due, payments made, and charges added. Get NRAM to put in writing that they are 'entitled to act as if no such arrangement is in place'.

 

It is doubtful the courts will allow them to behave in this way - so long as you have stuck to the arrangement, and you are up to date with all payments, there is no reason why the arrangement should not continue until the arrears are cleared.

[YummyBaby]

Once again, thanks for the reply