Northern Rock - Considering Legal Action

[clint1974]

Cant find a subforum for nram/northern rock as i want to send sar to them in preperation of removing a default.

Should i send it to there registered office? Croft Road, Crossflatts, Bingley, West Yorkshire BD16 2UA

 

We have a leasehold flat mortgaged with northern rock.

We cannot sell it as the lease is only 68yrs left.

We bought it 6 years ago so it would of had a 74 year lease.

to renew is 10-15k.

 

I would like to know if i would have a case against

A. the mortgage company or

B. the solicitor

 

as if i'd of known the difficulties i would encounter trying to sell on or the cost of renewing lease i wouldn't of bought it.

As far as i can remember neither of these points were pointed out and we are in that position now ourselves as mortgage companies wont lend against a lease that short so preventing buyers apart from cash buyers.

[clint1974]

Hello

 

I have a default on my CRA file 1  from NRAM (northern Rock).

 

After reading some of this forum i would like to challenge them and try to get them removed as i am certain penalty charges were applied  causing the defaults before sept 14 when the drop off.

 

I need some advice firstly.

Do i send a SAR?

 Many Thanks.

[clint1974]

1. SAR

2.CCA Request

3.LBA

 

After reading sevral other posts it would seem some people send off for a sar while others just send for the CCA, however i did also see a reply from @bankfodder on another thread suggesting to go straight for LBA as a lot quicker and would be my preferred route, so what do you suggest?

[BRIGADIER2JCS]

Hi, SAR to the original creditors is a good move.

[clint1974]

http://www.consumeractiongroup.co.uk/forum/showthread.php?30238-Clint1974-vs-Barclaycard&p=419549#post419549

 

If you see the post #16 in my original barclaycard thread date march 2007 defaulted by mercers. The date of default showing on CRA's with aktiv kapital is Sept 2008

 

AKTIV KAPITAL (BCRD) Who's this?

Entry Number: C6 | Account Updated to: 23/04/2013

 

Account Type: Bank Started: 05/04/2003 Current Balance: Satisfied Default Date: 04/09/2008 Default Balance: £5,766 Satisfaction Date: 30/09/2009

 

View Account Status Details:

•  

Last updated: 23/04/2013

Status Code: Balance: £0£0£0£5,966£5,766

 

NORTHERN ROCK (ASSET MANAGEMENT) Entry Number: C4 | Account Updated to: 15/04/2013

 

Loan

 

03/12/2003

 

Payment Terms:

£90 x 120 months

 

Default Date:

29/05/2009

Default Balance:

£5,256

Satisfaction Date: 3

0/09/2009

 

Partial Settlement:

 

Last updated: 15/04/2013

Status Code:

Balance:

[BRIGADIER2JCS]

Straight forward complaints to AK and the CRAs

[clint1974]

Straight forward complaints to AK and the CRAs

 

Thanks brig, could you point me towards some wording or a template used previously?

[BRIGADIER2JCS]

Will find time to draft a letter for you a little later today.

[BRIGADIER2JCS]

Ok,

 

By recorded delivery to:

 

The Data Controllers of any company displaying altered default dates.

 

Sir/Madam.

 

Complaint Re: Manipulation of Default Data.

Sir/ Madam,

 

I have been reviewing my credit history and the data displayed on credit reference files by various companies on the 3 main Credit Reference Agencies Equifax, Experian and Call Credit and have become aware that ( name company) is causing inaccurate and altered data on my personal files in regard to the account entry for xxxxxx, a screen print is attached for your guidance and information,

 

My complaint is that the default date on this entry appears to have been deliberately altered as the original default data was xx xx xxxx (attach proof) and (name company) has either deliberately or by gross incompetence change the default date to xx xx xxxx.

 

I am aware that some debt purchasers believe that a default can be placed at the time the company acquires the debt, this is of course entirely false and is an obvious attempt to extend the 'life'' of a default entry to enable a longer period of debt collection activity.

 

I require (name company) to immediately correct the entry or to remove ALL adverse data from ALL credit files to which it has reported this account.

 

Amend to suit all cases.

 

Many Thanks, gonna send to their registered office as the only other address is a po box. interesting found this on there faq's

 

What is the impact on my credit file?

 

It is likely that your original creditor will have registered a default with regards to the outstanding debt on your credit file. When the account is purchased by us, we are legally required to transfer the default into our name.

 

default data was xx xx xxxx (attach proof) and (name company) has either deliberately or by gross incompetence change the default date to xx xx xxxx.

 

Problem is i dont have proof (yet) although i know from the original post in my barclaycard thread #6 on here, it was 2007. Shall i amend and send without proof ?

[Lea_HTH]

It would be extremely unlikely that the length of the lease was not mentioned when purchasing, particularly as the price itself would have indicated there was a short lease (longer the lease, higher the price).

 

Ask your solicitor to show you the file, and see if there is any indication in it regarding the lease - if there isn't, then ask them why they did not point this out to you (you will have to raise a formal complaint). To be fair, I doubt that it wasn't mentioned - it's far too obvious a thing to miss given that the price of the property would have been a direct reflection of the length of the lease in comparison to similar properties in the area.

 

It is also possible to extend the mortgage in order to extend the lease (most mortgagees will allow this in order that the property can be sold - so long as the property still has some equity in it in relation to the current mortgage).

[clint1974]

Response from experian below. So i pay £15 month for nowt...

 

"Aktiv Kapital (BCRD) confirm the details we hold are accurate and ask that we keep the information on our database.

 

They have informed us that the default entry is reporting as satisfactory due to your bankruptcy.

 

I cannot change this information without their authorisation".

 

If you wish to dispute this further, you will need to contact them directly.