Me and Northern Rock [many merged threads]

[Debvfm]

Hi All

 

I am new on here and have been reading all the threads posted in the hope that you can help me.

 

My partner has a NR Together Mortgage and we have been paying some off the arrears and unsecured loan each month. We missed May as my partner lost his job and kept NR informed. (As we did every month when making a payment).

 

In 2005 NR obtained a suspended warrant for possession and on the 29th July wrote to say they had inforced it. I had in fact on the 20th July made a payment of £1200 (100+) over the normal payment. I called NR on the Monday and asked how we could stop this situation.

 

I was told to wait for the I and E forms and my partner duly completed them. I called to confirm that they had it and then they asked for wage slips and bank statements. We were told once they had these then they would review our proposed payment and cancel the eviction.

 

My partner called them on Friday to confirm that they had everything and they confirmed that they had and confirmed that they accepted our proposal. They then asked for my bank statements and proof of my new job. I immediately faxed them over and called to confirm that they had them. I was then told they could not accept the I and E as they could not understand my partners handwriting!!! I then went through it all verbally (30 Minutes) and was told to hold the line whilst they checked with the mandate department.

 

The guy then came back on the phone and said it had all been checked and unless we paid them £8,500 the eviction would go ahead.

 

I am heading to the County Court for a hearing with the judge but wondered if there was anything else we could do.

 

I have a letter from NR stating that 'we understand that you might not be able to repay the arrears but there are other options that we can consider in the short to medium term'.

 

I will take this letter (copy of) to court today when I fill in the application for suspension.

 

Not once before Saturday have they indicated that they required this money.

 

Many thanks in advance

[Debvfm]

Hi

 

Can anyone please offer any advice on the above. I have just spent 2 hours at the County Court obtaining a hearing for suspension of the eviction. The Court asked why it has taken us so long to go to them and I had to explain (and supply evidence) that we have been in constant contact with NR. They then called them and NR have said that they have not spoken to us!!

 

Luckily I could supply proof that they have and the Judge has agreed to a hearing on Wednesday at 09.45 just two hours before the eviction.

 

I am so anxious and worried, I have a disabled son and a 7 year old daughter and we have nowhere else to go.

 

How can I swing this in my favour?

 

Please please any advice/support would be much appreciated.

 

Many thanks

[Ell-enn]

Hi

 

Can anyone please offer any advice on the above. I have just spent 2 hours at the County Court obtaining a hearing for suspension of the eviction. The Court asked why it has taken us so long to go to them and I had to explain (and supply evidence) that we have been in constant contact with NR. They then called them and NR have said that they have not spoken to us!!

 

Luckily I could supply proof that they have and the Judge has agreed to a hearing on Wednesday at 09.45 just two hours before the eviction.

 

I am so anxious and worried, I have a disabled son and a 7 year old daughter and we have nowhere else to go.

 

How can I swing this in my favour?

 

Please please any advice/support would be much appreciated.

 

Many thanks

 

Hi there, it may help to take a writtent statement to the court tomorrow so the judge can read it before the hearing - I can write one for you later today. You will need to photocopy all the documentary evidence you have and then list it on this thread so I can insert the details into the statement - also list the dates of the recent phonecalls and what was said. There is also case law we can use to support your case. Is your child registered disabled? if so photocopy documentary evidence of this also.

Can you also complete the affixed budget sheet and we will attach that to the statement - you can complete on your PC and it automatically calculates as you go along. Remember that the amount you are offering to pay towards the arrears each month is the amount left over after everything else has been accounted for.

Budget Sheet.xls

[Debvfm]

Hi Ell-enn

 

Thanks so much. My son has a brain injury and qualifies for Disability Living Allowance. I have copies of all of the letters from Northern Rock and myself.

 

I have to go out in a little while until later and my home PC is only a netbook so not much use for attaching stuff. I can take hard copies with me for the court. My hearing date is Wednesday just an hour before eviction.

 

Any thing that you may think will help I will do I am desperate.

 

NR have had our I and E but at first said they wouldn't accept it as they couldn't read one entry!! They want my bank statements too even though I am not on the mortgage!! I am at my wits end as you can imagine.

 

Worst case scenario do you think they would give me a month to move out (I can pay this months mortgage as agreed) to find somewhere to live considering NR have done this deliberately even lying to the court today?

 

Many many thanks

[Ell-enn]

Hi Ell-enn

 

Thanks so much. My son has a brain injury and qualifies for Disability Living Allowance. I have copies of all of the letters from Northern Rock and myself.

 

I have to go out in a little while until later and my home PC is only a netbook so not much use for attaching stuff. I can take hard copies with me for the court. My hearing date is Wednesday just an hour before eviction.

 

Any thing that you may think will help I will do I am desperate.

 

NR have had our I and E but at first said they wouldn't accept it as they couldn't read one entry!! They want my bank statements too even though I am not on the mortgage!! I am at my wits end as you can imagine.

 

Worst case scenario do you think they would give me a month to move out (I can pay this months mortgage as agreed) to find somewhere to live considering NR have done this deliberately even lying to the court today?

 

Many many thanks

You will need to submit a budget sheet to the court to show the judge how you are able to afford the payments. Do you have a printer at home ?

Can you type a list of what documents you have that you can attach to the statement - you will need to get photocopies of them so you retain the originals.

[tigger72]

I'm going through the same thing and also have a hearing on weds, hugs to you I know how stressful this is, hope things go well x

[Debvfm]

Hi

 

Thanks for the hugs and to you too. This is just an awful experience. I have never been so scared in my life!!

 

Good luck

 

D xx

[Debvfm]

Hi

 

No printer at home but one at work. I have all the names of the people we have spoken to, (NR state the calls may be recorded) but I bet that they won't being the taped conversations with them.

 

Could you please advise on the best way to fill this out and also the statement for the judge?

 

My grateful thanks

 

Debvfm

[Debvfm]

Hi

 

Can you also please supply the case studies to quote?

 

Many thanks

[Debvfm]

Just an update on my hearing for suspension of the eviction today. The solicitor for Northern Rock was very helpful and even called them to confirm our proposal but NR still declined and wanted to let the judge decide.

 

The judge did in my favour and has made provision for a review in 3 months.

 

We can and will make every payment and hopefully get the arrears included in the term of the loan after this time.

 

A big thanks for all your help and kind words.

 

I will make a donation next week.

 

Heartfelt thanks again.

[letsdothis]

I love reading threads like this.

 

Good luck for the future.

[Debvfm]

You have all been an inspiration to me. I have never been so frightened in my life. Never want to go there AGAIN!!

[tigger72]

Well done Debvfm you must be so relieved. I have my hearing tomorrow and hope I have a positive outcome too.

[Debvfm]

I cannot explain how I feel at the moment!! Secure for one!! I had high arrears 20K plus and all the judge was interested in was the here and now. She did not want to talk about the behaviour of NR nor our previous payment problems. If you can afford the repayments all should go well for you.

 

Be thinking of you tomorrow.

 

D x

[letsdothis]

I had high arrears 20K plus and all the judge was interested in was the here and now.

 

Just a thought, did you have any arrears charges as in like £50 a month or missed payments charges in that amount?

 

If so claim them back, which should help lower the final amount that you actually owe.

[letsdothis]

Well done Debvfm you must be so relieved. I have my hearing tomorrow and hope I have a positive outcome too.

 

Good luck tomorrow!

[Debvfm]

I called NR yesterday to confirm if these were true arrears or charges and interest. The lady I spoke to said that the charges and interest are put on the total amount outstanding and not on the arrears.

 

Is this true and how would we go about claiming all these charges back??

 

I would say don't want to rock the boat but they are nothing but legalised robbers who make money from peoples misery, so why should they make even more?????

[letsdothis]

I would ask them for a statement of account or if they do not do that then a statement of all charges added to your mortgage account.

 

Any late payment fees, or mortgage arrears fees can be claimed back. If they are not included in the arrears figure, but there are some of these charges, you can still get them claimed back.

 

What would normally happen is the OC would pay these back in the form of deducting off your amount owed and not in the form of a cheque etc but should include 8% Stat Interest on the amount owed by them, which if you have a lot of charges over a long time can add up to a substantial amount.

 

I would say don't want to rock the boat but they are nothing but legalised robbers

 

Read my thread. There is a letter that you can send to the OC asking for the charges back, but you really need to know the exact amount they have added. I too, didn't want to rock the boat, but they pulled the first punch a few days after us winning by putting our mortgage up another £105 per month. It's a long fight, but one that don't cost anything to win.

[Debvfm]

I am on the phone to them at the moment. They have advised that there may be a charge!!! Outrageous!!!

[letsdothis]

I am on the phone to them at the moment. They have advised that there may be a charge!!! Outrageous!!!

 

If it is more than £10 don't do it.

 

Use the £10 to get a SAR and you will get them that way. They may try to charge you for a statement, the SAR they have to give you everything and if it means they have to print statements to show you, they cannot charge more than the £10 - The downside is, a SAR has to be done by letter and they have 40 days to comply.

[Debvfm]

Still on the phone. They are VERY reluctant to supply any information saying that we should have all the statements. Not for 5 years we don't. Have you the template for the SAR letter please?

 

many thanks

[letsdothis]

Still on the phone. They are VERY reluctant to supply any information saying that we should have all the statements. Not for 5 years we don't. Have you the template for the SAR letter please?

 

many thanks

 

They don't want you to claim them back do they? They know as well as I and you do, at that amount of arrears, they have been making a killing on your account conduct over the last few years.

 

I had a similar amount of arrears and the claim I have put in is for just about £3k including interest. Go get em.

 

As for the SAR it depends how much grief you want to give them, there's the easy one or the harder one.

 

Here's the easier one.

 

Dear Sir or Madam,

 

Account number: xxxxxxxxxx

 

I am writing to request a fully comprehensive list of all the default charges for late payments or arrears management charges that I have paid on the above account(s) over the last six years.

 

Please find enclosed a cheque for the maximum statutory charge of £10. If you are unable to provide this data, I will accept a copy of my statements going back six years; I understand that statements on their own are not covered by the Data Protection Act 1998, yet I’m not requesting the statements per se, but the charges, which I’m entitled to by law.

 

If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

I look forward to your response within 40 days, name of company is obliged to reply under the Data Protection Act. If not I shall seek remedy from the Information Commissioner.

 

Yours faithfully,

 

 

Here's the make them work very hard for their tenner one.

 

Data Protection Act 1998 - Subject access request

Account Number: / In the name of; [your name]

 

 

Dear Sir/Madam

 

Please supply me with copies of the following, in relation to the above account.

 

1. A copy of the original signed, executed credit agreement and any terms and conditions that applied to the account at the time the account was opened.

 

2. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account.

 

3. True copies of any notice of assignment and/or default notices or enforcement notice that you have previously sent to me, or claimed to have been sent to me.

 

4. Details of any collection charges added to the account specifically, the date they were levied, the amount of the charge, a detailed financial Breakdown of how the charges were calculated, and what the charges cover.

 

5. Specific details of any other fees/charges levied.

 

6. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

7. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

 

8. Copies of statements for the entire duration of the credit agreement, and a statement showing payments made.

 

9.Termination notices

 

PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec)

 

If any of the documents requested have been destroyed, please advise on the date, the method used, and who was responsible.

 

If you consider any of the documents requested to fall under disproportionate effort, please indicate the reasons.

 

You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance update (Dated August 2007)

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you previously used to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

There are plenty of SARs on this site, so just use the above or change them to suit etc

[Debvfm]

I have just finished my telephone call with NR. They are providing all details free of charge.

 

How do I then when I receive this (in 3-5 days) go about claiming them back??

 

Many thanks

[letsdothis]

You have to add up all the charges and then add them to a spreadsheet, this will then add the 8% interest to the charges, which is what you then write asking them to pay back to you.

 

Spreadsheets can be found here.

 

You have to give them 8 weeks to act on it and then if not it really depends on you and your bottle. If you follow through your threat, you would then complain to the FOS and hopefully, they will then get all the charges back for you plus the 8% interest. I am nearly at the FOS stage, although after today, I may not need to actually get them involved.

 

NR may play rollover at first jump or hard ball - You have to be prepared to go all the way though initially, there is no point threatening them with FOS and then not following through with it.

 

Here's the letter,

 

Your Address

 

 

Date:

 

 

Lender’s Address

 

Dear Sirs,

 

ACCOUNT NUMBER: XXXXXXXXXX

 

I am writing to ask you to refund the charges which you charged to my account in respect of late payment fees to the sum of £ XXXX. I now understand that such fees are unlawful at Common Law, Statute and recent consumer Regulations.

 

In addition your charges appear to represent an unfair term of contract which is contrary to the Unfair Terms in Consumer Contracts Regulations 1999 (SI. 1999/2083). My account falls within the ambit of Regulation 5 of the Unfair Terms in Consumer Contracts Regulations 1999 as I am a consumer. Your charges constitute an unfair penalty under Schedule 2 of the said Regulations which provide an indicative and non-exhaustive list of terms which may be regarded as unfair. Under paragraph 1(e) of schedule 2 this specifically includes terms which have the object of requiring any consumer who fails his obligation to pay a disproportionately high sum in compensation. I would vigorously contend that this is the position regarding the fees which you deemed fit to apply to my account.

 

I would like to bring your attention to the following statement by The Office of Fair Trading:

 

"A term in a mortgage agreement which requires the borrower to pay more for breaching the contract terms than actual costs and losses caused to the lender by the breach (or a genuine pre-estimate of that) is likely to be regarded as an unfair penalty and to be unenforceable both at common law and (in a consumer mortgage) under the Unfair Terms in Consumer Contracts Regulations.

I believe that the charges you have levied of £XXXX far exceed any true cost to yourself as a result of our breaches and any genuine pre-estimate you could conceivably reach. If you disagree, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put to as a result of our breaches, in order to reassure us that your charges really do reflect your costs.

Thus I am asking that you refund the charges and other fees which have been levied on my account. If you do not respond, or you do not respond positively, within the time limits set out in your official complaints procedure I will enter a formal complaint to the Financial Ombudsman Service. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

Yours faithfully,

 

 

 

 

XXXX

 

 

Enc.

[Debvfm]

Many thanks. I will play hardball with them have no fear. They had no hesitation on going all the way today with me so I fully intend to get this money back from them.

 

Even if they credit the mortgage account and take it off the arrears it will be something.

 

Every little helps!!

 

many thanks LETSDOTHIS