Jump to content


  • Tweets

  • Posts

    • Email and call your local councillor, their details should be on Google.  Just explain everything to them and they will have the bailiffs off your back in short order.   Do it now, and this could be resolved by tomorrow.  
    • Your latest ramblings make no sense in relation to the issue (which is whether a person hearing an SD can question the maker as to its truthfulness and reject the declaration if they are not satisfied as such).     It's not within 21 days of the hearing it's within 21 days of learning of the conviction of which they were unaware. I don't know what it is you are reading or are referring to but there is no "debtor" involved in an SD that is made to have a conviction set aside. When an SD is heard in court the only officers involved are the court's Legal Advisor and the Magistrates themselves.   I’ve just been looking back at the original post which started all this off to ensure I wasn’t going mad. I’m pleased to say I don’t think I am. Instead I am of the opinion that you did not properly grasp what originally happened to the OP and compounded that by providing incorrect, misleading and confusing advice whilst plucking bits of irrelevant legislation from thin air randomly when you commented. Here’s a few of your quotes and my comments for you to consider.     The OP said no such thing. She said she had moved three years earlier. For some reason unknown, her change of address was not recorded by the DVLA. She said she was happy to accept the speeding allegation. This indicated she was driving (a fact she confirmed absolutely soon afterwards). Nowhere did she ever say she was not the owner of the vehicle at the relevant time.         So, from advice to plead Not Guilty to advice to plead Guilty inside two hours, with no new or additional information provided. Still you mention somebody else being the driver.         What is an “out of time statement” and where and when was one ever mentioned?     Then from the OP:       Your response:       The cause of any confusion was your comments. She said from the outset that she did not live at her old address when the offence was committed (in fact she went to some lengths to explain that was why she did not receive the court papers). Nowhere did she suggest she was not the driver nor that she could not or would not disclose who was.     No it isn’t. A Statutory Declaration voids the original conviction as if it never happened. Section 142 of the Magistrates’ Court Act is not involved with the resurrection of proceedings following an SD. That Section grants the Magistrates powers to re-open cases to rectify mistakes, etc. There has been no mistake here, the Magistrates will not be called upon to re-open the case and could not prevent it being revisited even if they wanted to.   Then we set off into the intricacies of the Statutory Declaration process which is covered above.   I’m not surprised the OP in this particular case became confused. Her matter is straightforward enough (for those who know the law and the process). In summary: She moved; She thought the DVLA had her vehicle registered at her new address but they hadn’t; Her vehicle (with her driving) was detected speeding; She (unsurprisingly) did not receive the notification of that offence or the request for driver’s details; She obviously didn’t reply to that request, she was prosecuted for it, convicted in her absence and without her knowledge.   Happens every day and simple to deal with.   Unfortunately, not when you became involved it isn't. Firstly you grasped the wrong end of the stick by assuming she was not the owner and/or the driver. You advised her to plead Not Guilty on that basis. Then, when you had grasped some idea of what had really happened you suggested she plead guilty to the S172 offence purely on the basis she had moved and the speeding information was sent to her old address. Very poor advice. Then you scared her witless by incorrectly suggesting there was a chance her SD would be rejected if it was thought her declaration may be untruthful. There also followed discussions about the six month time limit for prosecutions and the 21 day limit for SDs to be accepted unconditionally (both totally irrelevant).   I don’t suppose you will accept any of these criticisms but whether you do or not you clearly caused the OP considerable confusion and probably distress. My comments are not based on something I've heard on the net or on barroom (sic) knowledge. They are based on my knowledge of the law and of Magistrates' Court procedures.  It's obvious you will pay no heed to me so when I see any such clearly misleading information provided to an OP by you in this section in future I will simply report it to the site's administrators.
    • Just ignore unless you receive a PAP letter.    Chances are you will run out the clock and it will become SB'd.    
    • Sure I read somewhere that PayPal MADE 2.2 billion dollars in 2018, so I guess losing out on say 10 million a year in negative balance is more cost effective than paying tax in the UK?  Dont get me wrong I’m by no means saying “sod it” they can afford it, I’m just hoping they don’t take me to the cleaners and at least give me time. 
    • I apologise profusely for my actions in this case. I pride myself on my integrity and honesty and I feel shameful for my moment of very poor judgement. As the sole income earner for the family (my wife is on maternity leave), a criminal record would be devastating for us as my employment relies upon a clean criminal record.   On the 22nd I was travelling to London Bridge and needed to connect at Three Bridges. When purchasing my ticket in the morning I only bought a ticket to Three Bridges by mistake.   I made a bad error and I am just so sorry for my actions and the inconvenience caused to all involved.   I am happy to make immediate payment of the unpaid fare and any incurred costs that my mistake have caused.   I would appreciate your consideration and I sincerely hope that you can show some leniency as an criminal conviction would impact my employment and ultimately being able to provide for my family.   Regards   I cant offer to get a monthly ir annual as I only travel a handful of times per year.
  • Our picks

Maz75

NRAM - Worth taking legal action against them?

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1934 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I am currently an NRAM account holder, with a together mortgage comprising a £98,000 mortgage and £18,000 unsecured loan. I have not missed any payments or been late, but I have breached my mortgage t & cs by letting the property without their consent. I asked for it and they refused, back while they were still Northern Rock. I have already posted about this so I won't go into the same details here; only to set the background for this post.

 

I am concerned with the fact since their recent government directive to get the 'bad' debts off their books they are working on a different incentive basis than other mortgage companies. NRAM need to make anything over 10p to the £ to get a profit, (for that is how much of the value was passed on to them) so they do not have the same aversion to instigating repossessions as other lenders do, not to mention complete disregard of the cost to the individual or business.

My issue is not with the fact I do not want to pay what I owe, nor with my poor decision of getting this mortgage in the first place. I accept that and have been paying without fail for 9 years.

 

So when they find me in breach of my mortgage terms & conditions their aim will be to instigate a repossession. Not to reach a solution that is best for me and them, in regard to maximizing their profit. Not being driven by this fact, like other mortgage lenders, puts all NRAM account holders in an extremely vulnerable position. The goal and they want us off their books, that and nothing else.

 

Irrespective of whether this was a good or bad mortgage, the terms and conditions on their part, and the expectations on my part, made by signing with Northern Rock, a mortgage company in 2007, are not the ones I'm faced with now. I am not trying to justify the fact that I have broken my terms, or shirk my responsibility for the choice of mortgage and money owed. But to say that when I took out the mortgage, I was under the (mistaken) expectation that I would forever be dealing with mortgage lender, with all the common incentives that come with that; I want to keep my house, they want to get their money back. That I fear is not the case anymore. We are now simply numbers on a spreadsheet and the odds are stacked.

 

There is nothing right or fair about this; and plenty of other NRAM account holders are facing starker and greater financial issues than me. Many are castigated for their choice in the first place, which is not only unhelpful, but in my opinion missing the point. No one is asking for special treatment than any other person who holds a mortgage. But we bought a product with the expectations that we would have the same benefits afforded to all mortgage holders for the life of that product. NRAM are not a mortgage provider. They are an organization that hold 'bad" debt.

 

Equally I have an issue with the term "bad" for there are plenty like me, who have never defaulted but will be faced with repossession on other reasons. They are bad, because they want to get rid of us and shut NRAM down. By no longer requiring NRAM, a continued reminder of a massive economic disaster, the economic policy will be hailed as a success and the bad old days behind us. Whereas other mortgage companies would help people if they got into temporary difficulties NRAM will not, causing the debt to therefore be "bad". Being the contributor, if not, the instigator, of this viscious circle gets them their favored result much quicker - sell the debt to management company, still make a profit and get it off their balance sheet - success.. All I would like is to be treated the same as any other mortgage provider would.

 

I heard today of various people wanting to bring together a group of account holders who wish to fight NRAM and their practices, 100 is the minimum required. I have signed up. It is being led by bank specialist who is willing to fight it on the behalf of the group for free if we can get enough NRAM customers on board. If you are interested please let me know and I'll pass your details on to him.

Share this post


Link to post
Share on other sites

I can also help too, I have a well documented case with NRAM, which I took to the FOS. I can't PM as this is my first post so please PM me as I can't post my email. Thanks, Victoria

Share this post


Link to post
Share on other sites

Hi there.

 

I'm currently having similar issues with NRAM and would be really interested in finding out more about the group trying to fight then.

Any info you could forward me would be gratefully received.

 

Thank you.

Darren.

Share this post


Link to post
Share on other sites

Hi Victoria.

 

Any chance you could share your info with me??

Share this post


Link to post
Share on other sites

If this group would like to email admin@consumeractiongroup.co.uk with details of their plans, perhaps cag can ensure caggers are aware and help if the plans have merit. Until this is done I am closing this thread.

 

Hope to hear from you soon.

 

Apologies to djbraders, but it seems to be a while since the OP posted. In the meantime if you'd like to start a thread outlining your problem, I'm sure others will do their best to advise. Maybe the mortgage or legal forum depending on your problem.


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Share this post


Link to post
Share on other sites
style="text-align:center;"> Please note that this topic has not had any new posts for the last 1934 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you
Guest
This topic is now closed to further replies.

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...