Northern rock loan problems!

[Mikey4]

Re: Northern rock loan problems!

Panicking now as the deadline is on Saturday 12th!

[ThinkOutsideTheBox]

Re: Northern rock loan problems!

Amethyst is referring to the extract from your Experian credit file, which you posted above. (Post #9)

The "Settled" date recorded on the entry is 16/04/2008, so currently 8 days before the 6 year time limit.

By this they mean the date they considered your account with them to be settled.


Has that Marlin entry just been added to your file, or does the addition/deletion alert perhaps relate to them removing the entry at the 6 year point? (Obviously 6 years with a different relevance, in terms of when the CRA data should be removed as 6 years have passed since the account was marked settled...however coincidentally the same dates also potentially applying in terms of the statute of limitations in this instance).

Do you know when you actually last made a payment against this account? Perhaps something you could track through bank statements, if payment would have been made electronically?

[Mikey4]

Re: Northern rock loan problems!

I have check my bank account and the last payment was on 29th jun 2007.
The marlin entry is a new one on my file, as I only recently signed up to experian and at that time, there was nothing recorded to do with the northern rock loan

[Mikey4]

Re: Northern rock loan problems!

Am I right in thinking,that with it being a recent entry on my credit file the loan is settled? Still can't quite get my head around this lol

[Amethyst]

Re: Northern rock loan problems!

It is an odd thing for them to do to your credit file, and the only reason I can think of for them doing it is to try and get around the statute barred date. But then why mark as settled. Odd. Lets get this defended and sorted then sort out the credit file after.

It sounds as though you are best off entering a simple statute barred defence then they must prove the debt is not stat barred.

You have your bank statements which back up that you haven't acknowledged since June 2007 and even if they argue SB is from default date, then reasonably that only takes them to October 2007 so unless theres some random payment made to a DCA you should be ok.

I would like to make sure your cca request was valid though as back up - you mentioned you asked by email for the agreement -did you send the £1 ? If not don't worry we can do that in a letter now.

[Amethyst]

Re: Northern rock loan problems!

A SB defence would be along these lines;


The Defendant contends that the claim is statute barred pursuant to of Section 5 of the Limitation Act 1980. An excess of six years have elapsed since the date on which any cause of action for any breach of contract accrued.

The Claimant's claim to be entitled to payment of £18295 or any other sum, or relief of any kind, is denied.

[Amethyst]

Re: Northern rock loan problems!

This is the CCA request - http://www.legalbeagles.info/forums/...y-of-Agreement You only need the simple one and it is a good idea to send it registered post so you have evidence of receipt , you will need to include a postal order or cheque for one pound and it should be sent to the claimant - Marlin - rather than the solicitors.

This basically makes a barr to them enforcing the debt (getting judgment) until they provide the paperwork with all the correct terms on, so if something did happen with the stat barred defence you have that as back up. If they do provide the documents then that's okay too as we can look at how the loan amount shot up to 18k, and check the terms etc.

Not to worry for the moment just get those bits sent off and we can deal with things as and when.

[Mikey4]

Re: Northern rock loan problems!

It is an odd thing for them to do to your credit file, and the only reason I can think of for them doing it is to try and get around the statute barred date. But then why mark as settled. Odd. Lets get this defended and sorted then sort out the credit file after.

It sounds as though you are best off entering a simple statute barred defence then they must prove the debt is not stat barred.

You have your bank statements which back up that you haven't acknowledged since June 2007 and even if they argue SB is from default date, then reasonably that only takes them to October 2007 so unless theres some random payment made to a DCA you should be ok.

I would like to make sure your cca request was valid though as back up - you mentioned you asked by email for the agreement -did you send the £1 ? If not don't worry we can do that in a letter now.

Hi
really appreciate your help!
i sent the cca request via email with no £1. Should I have done?

so in other words,I need to put the SB as my defence before the 12th

[Mikey4]

Re: Northern rock loan problems!

Ok will get the cca request form sent off tomorrow.
Is there any issue with me signing it? I read somewhere that signatures can be transferred!

[Amethyst]

Re: Northern rock loan problems!

Yes sign it, use an antitamper thingamajigs if you like or squiggle a bit extra on your signature and keep a copy of what you send but there's no point giving them an excuse for non compliance due to lack of signing the request. Xx

[Mikey4]

Re: Northern rock loan problems!

Ok great
will get it printed of and sent tomorrow.
Thanks again

[Mikey4]

Re: Northern rock loan problems!

One more thing before the nights out, how will this work regarding my dead line to put my defence forward,do I need to wait for the relevant info to be sent to me from marlin?

[Amethyst]

Re: Northern rock loan problems!

No, get your defence put in through money claim online, cca is the back up plan xx

[Mikey4]

Re: Northern rock loan problems!

Posted the cca request form, so all that's left to do now is submit my defence on line.
Thanks for all your help so far.
Alan

[Mikey4]

Re: Northern rock loan problems!

Hi
Just filling in the claim form on line and it talks about making a counter claim, what's best to do here? Tick the yes or no option. I noticed there is a rather large fee to make a counter claim!