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    • ouch you really have been flying kites here and letting the claimant control things. it is worrying that the sheriff has tried several times to nail you about this (factious) payment,  but its also lucky and interesting to see he has not shut the door on your new issues . typically the situation you see yourself in, is one that we put the claimant in by our std defence (that you are reading now)    i think a bit of crawling is now in order( for want of another word) and it needs to be made 1000% clear to the sheriff ( even if by a little white lie) that it transpires there most probably never was any settlement made to HBOS by the ex   some vague explanation that he has confirmed he never did, and bring in the fact that he is a currently deployed by the UK military forces abroad we believe and communication has been to put it politely very difficult due to the nature of his deployment..it might also now be time to mention the mental issue ( with proof) , your daughter suffers from and how these obviously contributed to the situation and p'haps of being thus exploited by the EX whom if one were to be honest m'lud, is a bit of what someone would describe 'as a rouge'.   then your defence focus needs to switch to  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on. (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand/Recall Notice and Notice of Assignment. © Provide a breakdown of the excessive charging/fees levied to the account with justification. (d) Show how the Claimant has reached the amount claimed. (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim. (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.   particularly a.b.c. explaining in concise but brief detail why each if not produced , is fatal to any enforcement of an OD debt claim   have you yet included  The court will be aware that penalty charges and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.   in anything to the court to date.        
    • Re a possible s75 claim - is your Amex card a credit card?  I ask because it certainly used* to be the case that some American Express cards, although commonly described as credit cards, were actually charge cards (where you had to pay the whole of the outstanding balance at the end of the month) and were not credit cards - and therefore not eligible for s75 claims.   *  I suspect that these days all AmEx are credit cards, but you might want to check to be sure.  If it isn't a credit card you might want to consider what you use it for.
    • In reply to your earlier message, the payments were made regularly to the S/C and A/C that I provided.  The payment was always made to this account for the card using the PAN number, however the error payment was made without any reference to the same. Lloyds bank changed the reference number from the PAN of the card to 2686XXXX not sure who changed it to this if it was Lloyds or Lowell or when it was changed.  Then subsequently Lowell changed the A/C number again to their one that they quoted on the POC.    All I can ascertain is that the payment was made from Santander to the A/C above in error but after Lloyds had sold the Debt and Assigned it elsewhere. However, according to Santander the payment was made with no REF number sent with the payment.   I also received the order from the court yesterday which I have attached. There are several items that the court is asking to have for the hearing but haven’t had anything from the Claimant.   What is the best next course of action as the court is asking that we attempt to resolve this before the hearing?   Court Order.pdf
    • Car value apparently £2200. ( post #3 )   Car hire possibly £3000.   Wonder why the third party Insurers Admiral are refusing liability to pay !   Not sure ths is really about who is at fault for the accident, but is more to do with AX and their expensive courtesy car.   Pretty sure this claim would have been settled by Admiral, had the Sister dealt with this claim not using AX.   Think that a complaint to AX should be made, but possibly after sending them an SAR to request all information including any phone call recording where any courtesy car was discussed.    
    • Hi again, just a quick update.   The collection has been arranged for tomorrow, 6th March, the refund will apparently be processed after collection is done and should be completed within 5 working days.   Will let you know when it's completed...    
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
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Hi there,

 

I have recently sold a property which was mortgaged on the well known Together product.

 

I financial advisor advised that I delink and retain the surplus as a deposit towards the purchase of a new property

(currently renting at present due to relocation).

 

The apr on the unsecured element has jumped to over 12%.

While this was not unexpected, this is a huge amount,

and with the remaining term of 25 years,

I will be paying in excess of £100k on an original £30k unsecured element.

 

To me, there must be a case of mis-selling here.

 

I know there have been moves to challenge all this, with nram actions groups etc, but it seems to have gound to a halt.

 

Question is

- has anyone successfully challenged the crippling t's &c's of this hike in apr?

Is this something worth pursuing. Its late at night,

so I can elaborate more on my specific circumstances during the wekl.

However, any advice would be greatly appreciated.

Many thanks.

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I think we need more info? Are you saying that you had an unsecured loan of over £25k? I suspect most lenders would be reluctant to lend to buy a property when the deposit is also a loan. Doesn't make sense to me.

 

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.

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Hi Caro, Many thanks.

 

The original unsecured element was for £30K over 30 years and was taken out in Aug 2006.

The current outstanding amount is £27K with 22 years left on the term.

 

The issue here is not whether I can get a mortgage or not.

That is something I will deal with when the time is right.

 

The issue here is whether anyone has challenged the crippling repayment amount that NRAM has set.

 

In my case, the repayment amount per month has risen from £169 to well over £300.

Multiply that over 22 years, and the figure is well over the original amount.

 

While this is not as bad as payday lending, it is a high interest rate compared to other lenders.

I know lenders are reluctant to lend, which now puts me in a difficult position, as I'm sure many other people are.

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Hello there.

 

I expect the forum regulars will see your thread over the course of the day, but not everyone here will have dealt with what you're talking about or know the answers. Please bear with us.

 

HB

Illegitimi non carborundum

 

 

 

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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.

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That's what I'm hoping.

 

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.

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Many thanks. I had heard about this in the press lately but was unsure of the detail. If any refund is due, which looks likely, then that will enable me to effectively reduce the repayment term and have this debt repaid much sooner. I will be watching the other thread with great interest.

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Hi,

 

I am also researching this, having just sold my house which was part of the 'Together Mortgage'. Left with 25k of my 30k unsecured.. Happy that I may be getting 6k back but my question is....

 

Given that the unsecured APR is going up to approx. 12.6% .... However, with this in mind perhaps it's worth pursuing this under the CCA given that a recent NRAM letter specifically states something like "In line with the CCA we are increasing your unsecured interest rate from 4.7% to 12.6%"... Any thoughts, given that the 25k+ doesn't fall under the CCA after all?

 

 

Steve

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I would never borrow from these sharks again...they are just as bad as WFS.

 

Check your terms and conditions of the unsecured....which I would have guessed they dont have it if your loan was around 2006.

 

Or even better do a Subject Access Request.

 

Bet they dont say anything about increasing apr from 4.7 to 12.6%...may even state that the interest rate will be no more than xxx bank of england base rate:-)

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  • 1 year later...

Hi there,

like many others,

I am saddled with an unsecured element of the NRAM Together Mortgage since selling my property in 2014.

 

The debt currently stands at around £27K with a monthly repayment of over £300 per month.

Recently we have fallen into arrears and the only way we can reduce the arrears is to repay £400 for at least the next year.

 

The overall balance of the loan is not reducing at all,

and due to the high interest rate,

there appears to be little scope for effectively reducing the balance.

We are now in rented accommodation with no hope of getting a mortgage to buy our own place again.

 

Looking around, it appears that no-one has successfully challenged NRAM about the extortionate interest rate

(bearing in mind that the debt is currently state owned).

 

This can only be quite a predicament for myself and many others.

I am now at the point of considering an IVA to try and clear NRAM in five years

rather than the 20 or so years that is remaining on this loan.

 

Has anyone else managed to get an IVA with NRAM included, and if so, under what conditions?

 

Is there another way out of this as I have had an IVA previously (which did not include NRAM) and I am naturally nervous of this - especially as it effectively prevents me from buying any house, or evening moving house for the foreseeable future.

 

Any advice would be greatly appreciated.

 

Many thanks.

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Many thanks DX. I've had a look at the other thread and it answers the question about the paperwork issue.

I still have the question about whether to go for an IVA or not, so I can start to chip away at the actual balance.

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keep to one thread please

 

threads merged. and tidied.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Morning all.

 

Many thanks dx for sorting out the threads for me.

 

To be fair, it does keep it all together.

 

Does anyone have any thoughts on the NRAM situation?

 

Whether to go for an IVA or whether there is another way of dealing successfully with NRAM?

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  • 3 months later...

Hi everyone.

 

Its been a while since I've been on, but I've being doing some research in the meanwhile.

 

To cut a long story short,

NRAM have now placed my account on an 'Interest Forgiveness Concession Arrangement'.

 

They have agreed to reduce the interest (haven't said by how much).

 

They have also accepted my payment offer of £194 per month for the next year, and have confirmed that my overall balance will not increase over the next year.

 

This has been a long road to get to this point, and is not over yet, but this is a MASSIVE step forward.

Many thanks for all your help and advice so far.

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time to sar

get all the statements

 

 

and get reclaiming all the penalty fees they've levied on you

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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