Claim form arrived. Please advise. Thanks ( NRAM/Marlin/Mortimer Clarke)

[lancashirelass]

Re: Claim form arrived. Please advise. Thanks ( NRAM/Marlin/Mortimer Clarke)

Hi, On the covering letter from them last week, It states that the the agreement was terminated in December 2007. This is not the date that the loan was supposed to finish as this is later in 2009. Does this mean that that is the default day and that no payments were made beyond that? Therefor it is statue barred? I am trying to post up a copy of the letter but can not upload the photo from my desktop and do not have an account for photos anywhere that is private.

Thanks

[lancashirelass]

Re: Claim form arrived. Please advise. Thanks ( NRAM/Marlin/Mortimer Clarke)

Here are the uploads, Thanks

[Amethyst]

Re: Claim form arrived. Please advise. Thanks ( NRAM/Marlin/Mortimer Clarke)

Do you recall making payments or acknowledging the debt since you stopped making the contractual payments ? Probably November 2007.

[lancashirelass]

Re: Claim form arrived. Please advise. Thanks ( NRAM/Marlin/Mortimer Clarke)

The statement shows a standing order payment in March 2009 of £10 but I can not recall paying. Most payments stopped in the December of 2006 as that when we started with problems. With out the requested CCA, and with a credit record that could be incorrect (Showing default as Dec 2008) I really don't know or recall.

If I went for the SB defense and then if that was proved not to be SB and I lost and a judgement was awarded. Would I then be able to ask for the payments to be reduced to £10 by the court?

Or if the information is not sent in time by MC is that reason for a defense or request for it to be thrown out?

Thanks

[Amethyst]

Re: Claim form arrived. Please advise. Thanks ( NRAM/Marlin/Mortimer Clarke)

If you can try and get a copy of the matching date statement from your bank that doesn't show the standing order going out that would help.

Do you think you might have made a SAR request or anything around that time?


If you defended based on Statute Barred - they would need to evidence the payment - and you'd need to show that you hadn't paid it ( tricky I know but like getting a bank statement from the same period would help)

If you did lose then yes you could make an offer to be (redetermine the judgment order) installments at an affordable level set by the court based on your income and expenditure, but you would have a CCJ against you.

With that agreement you received, did you receive anything else ?

[lancashirelass]

Re: Claim form arrived. Please advise. Thanks ( NRAM/Marlin/Mortimer Clarke)

We already have a long term CCJ so no worries there........past worrying and somewhat great not to rise to the threat from all collectors about 'ruining my credit record'

I don't think I have made a Sar request with this account. Should I have done this or is it too late? I thought that the request I sent with the £1 standing order was for all documentation they have?

I will look for a bank payment as I do have the statements somewhere deep deep in the attic.

The only other things received was the letter confirming that they had sold the debt to Marlin and a letter from,

CORRECTION from previous post saying that a copy of the default notice was sent, No copy of the default notice was sent.

I am off to bed now as I have a early start but thank you very much for your time and advice here tonight, I really do appreciate it and I always to 'pay it forward' to others in different ways.

Thanks

[FlamingParrot]

Re: Claim form arrived. Please advise. Thanks ( NRAM/Marlin/Mortimer Clarke)

Hi Flaming Parrot, Thank you for your reply. I was hoping for all the details from the company of my account. ( I sent a £1 for them) They state that they are going to send the requested information. I was hoping that it would prove that it was statue barred and that I could use that as a defense but I guess that the only avenue I have now it that they do not comply in time with the request for more information.

A CCA request is not a request for all details about your account, just for a copy of your agreement and a statement of account, but not ALL statements and historical data that you seem to be hoping to receive. For that you'd need to send a SAR request which would cost £10 and they'd have 40 days to respond to.

I am not in a position to pay this amount as I have just started Uni for 3 years and am a student again (Bursary income) I am a homeowner and that is what worries me now, I don't think they will accept £10 a month, I have 2 young children and a student husband too. I am worried that they will go for the jugular :-(

*IF* they obtained judgment against you they could apply for a charging order, although if the property is jointly owned it could only be a restriction. That would secure the debt on your home but you'd still be able to carry on living in it as usual. If they obtained judgment, you'd submit a financial statement (budget sheet) to the court showing your income and expenditure to back up your repayment offer. Some people have CCJs secured with a CO and pay just £1/month if that's all they can afford.

[FlamingParrot]

Re: Claim form arrived. Please advise. Thanks ( NRAM/Marlin/Mortimer Clarke)

Hi, On the covering letter from them last week, It states that the the agreement was terminated in December 2007. This is not the date that the loan was supposed to finish as this is later in 2009.

The agreement would have been terminated early because you defaulted on it.

Does this mean that that is the default day and that no payments were made beyond that? Therefor it is statue barred?

The agreement would have been terminated AFTER being defaulted, so the default date would be earlier than that, however, that doesn't guarantee no payments were made after that. A lot of people make reduced/token/DMP payments years after defaulting. Default means no longer keeping up your contractual payments, it does not mean not making any payments.

I am trying to post up a copy of the letter but can not upload the photo from my desktop and do not have an account for photos anywhere that is private.

Thanks

This may be of help: http://www.legalbeagles.info/forums/...r-details-safe!) :nerd:

We already have a long term CCJ so no worries there........past worrying and somewhat great not to rise to the threat from all collectors about 'ruining my credit record'

I don't think I have made a Sar request with this account. Should I have done this or is it too late? I thought that the request I sent with the £1 standing order was for all documentation they have?

No, that would be the SAR request. The CCA request with £1 is just for a copy of your agreement. You'd have to allow 40 days for a response to a SAR. :clock:I'm not sure how long you've got but an alternative to the SAR would be a Part 18 request under the CPR. They'd have to respond in 14 days.

[lancashirelass]

Re: Claim form arrived. Please advise. Thanks ( NRAM/Marlin/Mortimer Clarke)

Oh dear, I have found a bank statement showing a standing order for a token amount paid just under the SB limit. (Obviously that is why they are chasing me before the deadline.)

I am still waiting for documents to comply with the CR31.14 request, (The copy of the default notice is not there)

Do I have any defense??

(Background info: The house is mortgaged in joint names, approx 50% mortgage v equity. But my ownership of the house is only 10% as it was the spouse before me and they gave me 10% on our wedding day.....so my value is probably £8k, can they go for a charging order with that information? )

Thanks

[Amethyst]

Re: Claim form arrived. Please advise. Thanks ( NRAM/Marlin/Mortimer Clarke)

Ahh bugger. Good that you found it now rather than later though.

So 2004 Northern Rock Loan, they have the original agreement, although it is a bit illegible and I'm not sure if you got accompanying terms with it, but as they have the original loan agreement it's quite likely they'd be able to come up with a legible copy and accompanying terms, so it's a bit of a gamble continuing along that path, and basically I think you just don't want the stress and would rather concentrate on family and getting on with your nursing degree.

For a £5k debt it isn't unrealistic that they'd order £20 a month payments if that is what your IE show sis affordable, and as you only have a minimal share of the property they'd only ever be able to register a restriction against your share, you don't really need to worry about the charging order until you came to sell the property.

[ncf355]

Re: Claim form arrived. Please advise. Thanks ( NRAM/Marlin/Mortimer Clarke)

2 things though:

1) How long ago was the CPR 31.14 request sent?, did you put a date by which it must be responded to?


(if the CPR has not been responded to, could there not be grounds for an unless order?)

2) Surely if they are unable to show the Default notice and proof of service, the claim fails?




(Lanc Lass, this is just me firing ideas, please wait to see what Ame has to say!)

:doggieyes: