Horsemad v Northern Rock

[Horsemad]

Hello, need some advice please. i took out an unsecured loan with Northern Rock in 2005 however in 2006 I got into financial difficulty after having my daughter and thus reducing my hours and pay. after months of negotiating and in the end complaining, I got my PPI cancelled to reduce the debt but they set up a new loan account in Aug 2007 without PPI for which I signed no new credit agreement, I did sign a letter to say that the complaint was resolved but that was it.

I did an SAR in aug 08 and recived a load of paperwork that I cannot make head nor tail of and copies of both credit agreements. The original looks like it has all the prescribed terms and the 2nd one which is the new credit agreement is not dated and is only signed by them and not me. Could this still be classed as enforceable? as it was set up after April 07 but they just did it, I did not ask them too, I only wanted the PPI cancelling.

I need to know what to do now if it is enforceable or not, I still cannot pay their full monthly instalment and they were very difficult in agreeing to reduced instalments first time around. any advice would be greatly appreciated.

[Sapphire]

Re: Horsemad v Northern Rock

Hiya Horsemad,

Firstly if I were you I'd fill in one of our income and expenditure forms (to be found in the library) and send that along with your letter to negotiate your instalments.

Secondly do you think you have a case to reclaim the PPI (ie was it missold to you?), if so then you could claim that back and it would go against the balance of the debt.

When you look through the paperwork, have they sent you statements of account and do you notice if there are any charges on the account, if so you can put the debt into 'dispute' which should hold them off for a while, whilst we get things sorted out.

Can you scan up the copies of the agreements (removing personal details first) so that our resident CCA genius (Curlyben) can take a look.

saffy x

[Horsemad]

Re: Horsemad v Northern Rock

Hi, Thank you for your reply. I don't have my own scanner so will have to see if I can do it at work, but will see what I can do.

[Horsemad]

Re: Horsemad v Northern Rock

Hi I haven't managed to scan the agreements yet as no access to a scanner, but in the meantime I sent them a letter saying the account was in dispute as they had not replied to my request fully by not supplying me with a statement of account showing charges and the copy agreement they sent me does not have my signature on it.

In the meantime they have instucted their solicitors to collect this debt and have sent me a letter saying and I quote "the copy agreement that I provided to you is sufficient to satisfy such a request because pursuant to regulations governing the form and contents of credit agreements it is permitted to omit the signature form either the debtor or the creditor from such a copy". Is this correct? I thought both signatures had to be present on the form to make it conform to the Consumer Credit Act.

Also, on the back of their own unsigned credit agreement they sent me under section (h) it states "This agreement will only come into effect when it has been signed by both you and us". Will this help me?

Do you have a suitable letter for me to respond to them and their Solicitors please and I will endeavour to scan up the copy agreements over the weekend somehow?

[Horsemad]

Re: Horsemad v Northern Rock

Hi I haven't managed to scan the agreements yet as no access to a scanner, but in the meantime I sent them a letter saying the account was in dispute as they had not replied to my request fully by not supplying me with a statement of account showing charges and the copy agreement they sent me does not have my signature on it.

In the meantime they have instucted their solicitors to collect this debt and have sent me a letter saying and I quote "the copy agreement that I provided to you is sufficient to satisfy such a request because pursuant to regulations governing the form and contents of credit agreements it is permitted to omit the signature form either the debtor or the creditor from such a copy". Is this correct? I thought both signatures had to be present on the form to make it conform to the Consumer Credit Act.

Also, on the back of their own unsigned credit agreement they sent me under section (h) it states "This agreement will only come into effect when it has been signed by both you and us".

Do you have a suitable letter for me to respond to them and their Solicitors and I will endeavour to scan up the copy agreements over the weekend?

Can anyone help or advise me? The solicitors are ringing my house now.
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Can anyone help or advise me the solicitors are ringing my house now and Im panicking

[Amy]

Re: Horsemad v Northern Rock

Have you read Curly's thread http://legalbeagles.info/forums/showthread.php?t=8053

This will give you some clues as to whether the agreement they have sent you is enforceable or not.

In the meantime, send this letter to the "solicitor"

Dear Sirs,

Account Number:

Please take this letter as confirmation that I will no longer be discussing my financial business with you over the telephone. I now require all contact to be made in writing only.

As I am sure you are aware Harassment of Debtors is a criminal offence in England and Wales under Section 40 of the Administration of Justice Act 1970.

Furthermore, continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

In addition every individual has a right to be free from harassment under the Protection from Harassment Act 1997. The offence of causing harassment is arrestable under the provisions of Section 24(2) of the Police and Criminal Evidence Act 1984 and attracts the powers associated with such offences. Additionally Section 3 enables a person who is, or may become, the victim of behaviour prohibited by Section 1 to take civil proceedings against the perpetrator.

Further it is my contention that your company is in breach of the Office of Fair Trading guidelines on harassment.

If I should receive another telephone call from any person from your company at any point then I will be contacting the police to report the criminal offence of harassment and will be naming you in my statement to the police.

I trust that I have made myself clear and that all future correspondence with your company will be in writing, therefore kindly remove my home telephone and work telephone numbers from your system at once.

Yours faithfully,

[Sapphire]

Re: Horsemad v Northern Rock

Have you had a letter or something from these people that are calling you ?

If so what does the letter say ?

Blimey Amy I was just getting to that harrassment letter you beat me to it hun.

[Horsemad]

Re: Horsemad v Northern Rock

Sorry never saw these replies until now, had pm'd Sapphire and Curlyben.

The letter is from Eversheds Solicitors basically saying that they have been instructed to collect the debt on behalf of NR. I rang and left a message to say that the account was in dispute and would post a copy of the letter sent to NR, which was basically saying that I had not receivedwhich I sent by email and post. They have rang the house once since and I ignored the call, and as yet have not received any further correspondance. In the meantime I posted up copies of the agreements to curlyben so I think he may be looking at them for me. i will send above harrassment letter, as am just dreading the post & phone everyday. Thank you for your replies, sorry for the delay in mine.

[Horsemad]

Re: Horsemad v Northern Rock

Received a letter since last post threatening court action if I dont pay within 7 days - what should i do?

[Curlyben]

Re: Horsemad v Northern Rock

Ignore it for now as they are simply baseless threats.

Did it say anything else, like Letter Before Action for example ?

[Curlyben]

Re: Horsemad v Northern Rock

I'm back at work now, so my times freeeer, i'll get on the "agreements" today.
As for the Sols I have PM'd you a letter for them telling them to back off

From now on NEVER call them. Everything in writing.
If they call you, answer them and simply state that you are recording the call and that you request all communications to be in writing for the avoidance of doubt. Don't answer or comment on anything else.
This is perfectly within your rights. they will probably moan, but tough.

[Horsemad]

Re: Horsemad v Northern Rock

Just to update you since my last post. I sent NR solicitors Curlyben's brilliant letter recorded delivery week before last and have not yet had a reply, also not had any phone calls - so must have worked. I have also requested further info from NR on Curlybens advice as they have not supplied sufficient data under my SAR. Will update u as soon as rec'd.

[Curlyben]

Re: Horsemad v Northern Rock

Thanks for the update HM.
I'll get my tooth comb out and go over the agreements and report back.

I would of done it sooner, but work has been hectic to say the least.

[Horsemad]

Re: Horsemad v Northern Rock

No worries, NR have sent me what looks like archived data for the 1st loan they call it club 24 current transactions which shows the opening and closing loan amounts. Would this help you? If so, will photobucket copy.

[Curlyben]

Re: Horsemad v Northern Rock

Oh yeah
I only really the last page for the settlement information.