Horsemad v Northern Rock

[thincat]

Re: Horsemad v Northern Rock

Hi,

This is For what it's worth, DEFINITELY need to keep paying the £10 a month. This shows that you ARE willing to pay the debt and you're not running away. Also, if the DO keep
harassing you write to your MP and the TOP man (MD/CEO whatever) to complain
that you are being harassed and you fully intend to sort yourself out but their treatment
of you is causing unnecessary stress etc. That'll buy you time to get things sorted out.
The reason I'm suggesting this course of action is I did this myself and the MP DID
pursue my complaint and I won THAT skirmish. Obviously this is only one small part of
a VERY long battle on your part but this worked for me(my MP is VERY good) and I've
still got stuff I'm dealing with so I know how you feel. Main thing is keep FIGHTING
and DON'T give up. Of course it's tough but always keep going. I hope what I've said is
constructive and takes you forward. I'm using this site myself to sort out my hassles
so I know what it's like to be left dangling in mid air as it were. It proves though that
ultimately we're on our own and and help we get is a bonus and to be valued.

Thincat.

[Horsemad]

Re: Horsemad v Northern Rock

Thanks for the reply Thincat. Since last posting, my Dad has offred me a lifeline in that he has given me a lump sum to offer Full & final settlements to my creditors, so I guess if I knew that this agreement was definately unenforceable - it gives me better bargaining power....

[Curlyben]

Re: Horsemad v Northern Rock

Sorry about the AWOL been extremely busy with some other serious litigation matters.

Did NR ever refer you to the FOS over this as it DOES appear that the final loan is overstated due to the unattributed payment on the old loan of £104 dated 19/10/07.

Do you know if this amount was passed to the new loan amount ?

Also it's unclear exactly what the various adjustments from 20-22/08/07 actually are.
Some make sense, but some don't.

This should be turned up in a complete SAR.

That being said approaching the OC's with F&F's is always worth a go.
Don't bother trying with 1st Crud, unless you are forced to.

[Horsemad]

Re: Horsemad v Northern Rock

No problem and Thank you very much for your reply, NO NR have never referred it to the FOS instead just keep selling debt on to various DCA's. The £104 was refunded to me, as for the various adjustments, may have to SAR them again as cannot find any trace of them in the paperwork received so far.

I have approaced the DCA's with Full & Final settlement offers for all my debts, should I go straight to the original creditor's instead? Also, if they refuse my first offer and I know the debt is unenforceable as they have been unable to produce the CCA and been repeatedly sold on, what should be my reply? I know what Id like to say but is there a standard letter template or response I should be using for a first refusal?

[Horsemad]

Re: Horsemad v Northern Rock

Is it worth SAR - ing Northern Rock again, to disclose what the various adjustments are for? Also as the 2nd loan that they set up has no signature from me on the agreement (as never signed for it) could it be enforced or is it purely down to the mistated balances between the 1st & 2nd loan that make it unenforceable?

Im just wondering why they have not taken legal action against me yet, as if they thought they had a chance of winning a court case, surely I would have had a summons by now wouldn't I? My reasoning is that, 1st Credit have refused both my offer of repayment by monthly instalment and the Full & Final settlement offer I made so could do with some help on a suitable response to them if poss.

[thincat]

Re: Horsemad v Northern Rock

Hi Horsemad,
As I understand it(and I hope I'm not speaking out of turn here-if I'm wrong that's fair enough), you pay ONLY what you can afford no more no less(that's the law!). What will happen is that the "Other side" will try and intimidate you into paying more. Stick to your
guns. The main point is that you are trying to pay your debt and not running away. If the
debt is unenforceable(and it appears to need clarifying and I don't know enough to tell
you that) then obviously you can dispute the debt. If you get hassle as I said before
write to your MP and the CEO of NR claiming harassment because you ARE within your
rights to offer them ONLY what you can afford(£1 a month if it comes to it). Check it out.

Thincat

[greengirl]

Re: Horsemad v Northern Rock

So if you just offer/Pay all your creditor £1.00 a month, does that mean they cant take you to court?

[thincat]

Re: Horsemad v Northern Rock

It is STILL possible however in my case I went to the CCCS(Consumer Credit Counselling
Service) and they told me about this and I followed their advice. The offer was rejected but as I said, after I complained(to MP and CEO of Bank in question) citing harassment
my offer was accepted for 6 months then a review would take place. Even if you get taken
to court you need only to demonstrate that you can afford X and no matter what the opposition say you CANNOT be made to pay any more. Bear in mind Banks etc will
ALWAYS try and intimidate a debtor into paying more even if their harassment is illegal,
which it is. The difficulty is being mentally/pschologically stong enough to stand your ground knowing you are in the right. The CCCS are quite good BUt have their limitations
(they're funded by the banks!). Check them out.

Thincatn