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  • Northern Rock and several defaults for the same account

    Right first post so bear with me.

    I took out a together mortgage with Northern Rock in 2002. The secured part of the mortgage was repaid in 2003 when I moved home. However the unsecured loan was left as an unsecured loan and I made payments until around 2004-2005.

    Somehow at this point Northern Rock stopped collecting payments. I don't know why and too be honest I accepted it for a while as the extra money per month came in handy.

    In 2008, Northern Rock wrote to me saying that payments had been missed etc and that although they were at fault for it I had to take some responsibility as I should of been aware that payments weren't being made. They offered to add the payments to the loan and waive all interest for the period.

    I didn't accept this and decided to request the CCA for the loan. I basically thought at this point if I got the CCA I may be able to baragin with the loan on my terms. I know the unsecured loan if it wasn't connected to the mortgage would be at a rate of 5% above their base rate.

    This is what I got back



    As you can see it was unreadable. I noticed what you could make out was the rate of 5.89% but the part where it says if the main mortgage was repaid then the unsecured loan would be 5% above. also the balance for the original amount was £12,900 but the amount they claimed was owed was now higher and has been getting higher each month. It's up over £18k now.

    I wrote to them and said it was unenforceable because it was inlegible and that the rate they are charging is higher than what is on the CCA.

    I got this back



    I basically wrote back saying I didn't agree and the account is in dispute. They had confirmed in that above letter that they couldn't provide a clearer copy. So presumably they have destroyed the original.

    I didn't make any more payments and left it at that.

    Then I started to get default notices and formal demands, as in more than one.








    Each time I wrote to them saying account in dispute and they just basically ignored me and I geared myself up to go to court for it. It never happened.

    That is how it has been going until a few months ago. I was checking my Experian file and noticed this



    They have marked it settled but if you notice the date it was updated, it was Dec 2011. They are updating it each month. I'm hoping this means that they have finally given up on the account. It must also be stature barred by now, which I believe could be the reason they have given up.

    The other thing I noticed is that they have defaulted the account on the 21/02/2011. So I'm stuck with the default on my credit file until Feb 2017, despite being defaulted on it a few times.

    Is there anything I can do about this to get it removed altogether?
    Last edited by The Gruffalo; 6 January 2012, 09:54.

  • #2
    Re: Northern Rock and several defaults for the same account

    All those default notices are invalid as they fail to give 14 days to remedy from the day they are served - when you recieve them, which is "agreed" to be two days after they are dated.

    Unless you have acknowledged the debt in anyway, I would also think that it would be statute barred.

    Wait for someone more knowledgeable than me - but thats my take.

    Didnt want to read and run.

    Good luck!
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #3
      Re: Northern Rock and several defaults for the same account

      Cheers for the relpies.

      Yeah I knew they were invalid but its the fact they have redefaulted me again in 2011and that will stay on my credit file until 2017.

      Comment


      • #4
        Re: Northern Rock and several defaults for the same account

        Gruffalo,

        Sit tight help will be along shortly, no doubt niddy will want to check the Agreement to confirm if it is UE or not.

        Welcome to AAD

        Comment


        • #5
          Re: Northern Rock and several defaults for the same account

          Thanks

          Comment


          • #6
            Re: Northern Rock and several defaults for the same account

            Originally posted by The Gruffalo View Post
            Cheers for the relpies.

            Yeah I knew they were invalid but its the fact they have redefaulted me again in 2011and that will stay on my credit file until 2017.
            Do you have a copy of your credit file with the original default on?
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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            • #7
              Re: Northern Rock and several defaults for the same account

              I dont no.

              Comment


              • #8
                Re: Northern Rock and several defaults for the same account

                Originally posted by oscar View Post
                Do you have a copy of your credit file with the original default on?
                Originally posted by The Gruffalo View Post
                I dont no.
                Bugger - that would have stitched them up really.
                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                • #9
                  Re: Northern Rock and several defaults for the same account

                  Originally posted by Flowerpower
                  Hi Gruffalo and welcome to AAD! Glad you found your way here!

                  Just a little tip: Unlike CAG, where you have to post all your files on the open forum, here you can upload your documents (especially CCAs etc.) to the secure area that only Niddy, the forum owner, can see. That way you don't have to worry about personal information. See linky below for instructions.

                  http://forums.all-about-debt.co.uk/s...ead.php?t=3492

                  Best of luck
                  Ok thanks

                  Comment


                  • #10
                    Re: Northern Rock and several defaults for the same account

                    As niddy will not be able to read that agreement I would email it to him using the email address below that will save a bit of time so he has it to view.

                    agreements@all-about-debt.co.uk

                    Comment


                    • #11
                      Re: Northern Rock and several defaults for the same account

                      Sorry was updating via my phone, just logged on to the laptop to send the agreement. To be honest that is as clear as you get with the agreement and Northern Rock have confirmed they don't have a clearer copy.

                      I know through research that NR destroyed all the originals and stored them on microfiche a good few years ago.

                      Anyways I'm sending the email now

                      Comment


                      • #12
                        Re: Northern Rock and several defaults for the same account

                        What niddy will do is start from the beginning read everything and advice on the course of action from this point forwards.

                        Comment


                        • #13
                          Re: Northern Rock and several defaults for the same account

                          Hello Gruffalo and welcome to AAD
                          Apart from being faulty on dates, your DN's are also missing the paragraph stating that an OFT leaflet should be enclosed. This is very significant...see here.

                          Unfortunately I suspect that the reason they'll have marked it satisfied may be that they have just sold it on..so it zeros on their books. Watch out for a Notice of Assignment coming through.
                          Re your credit file, the CRA's have a duty to record defaults accurately and fairly. The date they record is not necessarily that on the formal default notice. They should record the original default in a timely manner within 6 months of you actually stopping paying..your actual default not some made up date by a DCA. Once it gets past 6 years from the true date, if it doesn't fall off automatically THEN you can complain to the CRA's.

                          See what Niddy has to say to the agreement...but if you can prove they charged a different interest rate to that on the agreement I would think that's another strong point in your defence.

                          kind regards,

                          Shep x
                          Last edited by Undercover Elsa; 6 January 2012, 11:19.

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                          • #14
                            Re: Northern Rock and several defaults for the same account

                            My original thought was that it would be sold. I had a couple of letters from mackenzie hall in august 2011, which I dealt with and heard nothing else since.

                            The Cca you can make out has a rate of 5.89% but the rate they have charged is allot higher.

                            Comment


                            • #15
                              Re: Northern Rock and several defaults for the same account

                              Can you clarify the actual date you last paid, ie was it 2004/05 or after this?

                              The "agreement" you mailed is unenforceable of course in several ways.....
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