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Hi All
I need some advise here or someone to point me in the right direction. My situation is as follows:
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 (this loan was signed in Jan 2007). (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,
I have checked trustsonline and all CRA's and there is no decree registered against my name. I have called the Scottish court where my case was held and they have confirmed that the decree was granted against my name? But isn't it the courts who notify trustsonline of the decree?
I am now being chased by DCA and I just want to know where I stand before I get into dialogue with them. I have read the whole regulated / unregulated saga with NR, so I am assuming that my loan agreement would not be regulated as they have stated? Then is a there a fault with the default and decree they got against me? Something doesn't feel right especially if decree was granted as per the sheriff courts office?
Please advise.
I need some advise here or someone to point me in the right direction. My situation is as follows:
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 (this loan was signed in Jan 2007). (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,
I have checked trustsonline and all CRA's and there is no decree registered against my name. I have called the Scottish court where my case was held and they have confirmed that the decree was granted against my name? But isn't it the courts who notify trustsonline of the decree?
I am now being chased by DCA and I just want to know where I stand before I get into dialogue with them. I have read the whole regulated / unregulated saga with NR, so I am assuming that my loan agreement would not be regulated as they have stated? Then is a there a fault with the default and decree they got against me? Something doesn't feel right especially if decree was granted as per the sheriff courts office?
Please advise.
