NRAM Default and Decree under CCA for £30k Together Loan

[Bigjazzy]

I had the Together Mortgage and my house got repossessed with a shortfall confirmed of £130k + further £30k for the unsecured element.

 

As of last month the £30k should have been statute barred

 

but in my paperwork I have come across an "Extract Decree For Payment"

granted in August 2009 by the Sheriff Court in Scotland.

 

It says at the bottom

"This extract is warrant for all lawful execution hereon".

 

The solicitor who was acting on behalf of NRAM attached a letter with this Extract stating:

 

"we write to advise that our clients (NRAM) have instructed us to refrain from any further Court Action in respect of your unsecured loan meantime.

 

However our client specifically reserves the right to enforce the Court Decree which they have obtained against you, which is enclosed.

 

In the event you account is not conducted in a satisfactory manner the decree will be enforced against you"

 

I have checked my credit file and also Tustonline.org and there is no dcree/ccj registered against me.

 

So what exactly was this Extract Decree if it hasn't been registered against me?

 

Would this mean as nothing is registered that this unsecured loan is now Statute Barred

also as 5years passed since my last contact with them in March 2009?

[Bigjazzy]

UPDATE:

 

This is very interesting and

 

I have now looked through all my previous paper work.

 

I did a SAR's to NR in 2009 and I still have all the paperwork relating to the loan over £25,000.

 

Took out a NR mortgage in 2006 (not the together mortgage).

 

Did refurbishment to the property and

 

in 2007 went direct to NR (no broker) and re-mortgaged in excess of original sum + given the unsecured loan of £30,000. (Together Mortgage 125%).

 

Unsecured element was a Fixed Sum Loan Agreement regulated by the Consumer Credit Act 1974.

 

Feb 2009: Default Notice served under section 87 (1) of the CCA 1974

 

March 2009: Formal Demand with reference to the Default Notice of the previous month.

 

April: Writ for possession of the property.

 

Few months later: subsequent house repossession. at this same date the exract Decree (for the £30,000 unsecured element) was granted against my name .

 

I am not clued on the whole CCA legalities,

 

in essence if they don't recognise the loans over £25,000 under the CCA,

then they have stumped themselves on issuing a default and applying for a decree?

 

could that be why the decree isn't registered on trustsonline and on the CCA?

 

But isn't it the courts who notify trustsonline of the decree?

 

Sorry for so many questions...but can NRAM do now or what should my next step be,

considering DC now chasing both Mortgage shortfall and decree?

[Bigjazzy]

Anyone ...please??

[jhill]

Big Jazzy!!!

 

I'm trying to get hold of you via Money Saving Expert, Legal seagulls and this forum

 

You are soooooooo important to this whole NRAM **** and I dont think you'll know why

 

Please PM me!!