Northern Rock

[lloydjones]

I paid Eastleys Solicitors in Paignton to challenge the enforceability of my loan with Northern Rock. They claimed there were breaches in my original loan agreement, however, they also said this about a HSBC loan I had but were actually proved to be incorrect by Niddy.

Here is a copy of my loan agreement with Northern Rock, can you please check it to see if it is enforceable or not? Thanks, LJ.

[transformer999]

Re: Northern Rock

Hi lloydjones the attachment is not very clear, although can be seen but quite small. Can you use photobucket of pdf to post it so it can be enlarged?

[lloydjones]

Re: Northern Rock

Photobucket used. Please advise how I can use photobucket to make it bigger. Thanks.

[transformer999]

Re: Northern Rock

Well I would but if you ask Niddy I am not very good at following instructions so I would not dream of giving them out, well not yet that is LOL but I also use photobucket and click on the URL link and it copies automatically and I just paste it where ever needed.

Did you copy the IMG URL?

[Fribourg]

Re: Northern Rock

Scan the document again and then upload it to photobucket, scan it at 150 dpi B&W document, and then will be easy to see in detail

[lloydjones]

Re: Northern Rock

[Never-In-Doubt]

Re: Northern Rock

Hiya

The agreement you posted is enforceable, the prescribed terms are clearly there however the only thing that would make this dubious in any manner would be the obvious lack of cancellation notice and actual terms of the loan.

It is, in the main though, enforceable. If you tell us more about the debt, following this guide (that I ask everyone to provide the info) then i'll be better placed to advise your next steps - Unenforceability Diaries - Read me First!

Read post 1 & post 2! Specifically post 2.....

Final question, are you a homeowner?

[lloydjones]

Re: Northern Rock

Personal Loan - unsecured
Started in January 2006
Balance is £23187.32
Last payment in January 2009
Not currently paying
In default and being hassled by 1st Credit Limited and Northern Rock

[Never-In-Doubt]

Re: Northern Rock

Personal Loan - unsecured
Started in January 2006
Balance is £23,187.32
Last payment in January 2009
Not currently paying
In default and being hassled by 1st Credit Limited and Northern Rock

You've not paid into this for 2years now? Nothing at all?

If so then you need to keep at it - only 4yrs to go! But seriously, what shit are they giving you - ie threats or what?

[lloydjones]

Re: Northern Rock

I didn't really hear anything for best part of 2 years. Recently received a letter from 1st Credit threatening legal proceedings, another from LCS Solicitors, Reigate, Surrey threatening to issue proceedings and finally a discount offer of 50% from 1st Credit if I pay the balance before the end of January!

If its enforceable though, shouldn't I start repaying???

[Never-In-Doubt]

Re: Northern Rock

Have you actually responded to any of them yet?

[lloydjones]

Re: Northern Rock

Have you actually responded to any of them yet?

No, nothing yet.

[caspar]

Re: Northern Rock

If it is enforceable then I fear it will only be a matter of time before you end up in court. 4 years is a long time to wing it - if it was 4 months it would be different. I could suggest ways forward, but won't unless Niddy gives me the go ahead to do so.

[Never-In-Doubt]

Re: Northern Rock

Caspar go for it. I'm thinking similar that he's hidden for ages but if they are still chasing now then they may be attempting more sinister approaches. Could be wirth putting options up and then offer a scenario where he stills blags it (hides)!!

You don't need my permission to post, it's an open forum and your opinion is appreciated by all. All I ask is that nobody interferes with the unenforceability diaries because these guys are at the end of the road and this is their last hope so that's why we do what we do, and hope for the best in most cases.

Cheers.

[caspar]

Re: Northern Rock

LJ,

OK, so the agreement is enforceable. You are being hassled by First Credit on behalf of Northern Rock. I'm a great believer in a step at a time with debts. You have not mentioned receiving any Notice of Assignment, so I assume you have not received one. The next thing you need to do therefore is write them a Prove It letter asking them to prove to you they have the right to be demanding money off you. Afterall, if I wrote to you demanding money you wouldn't pay me without proof so it's a perfectly reasonable request. I have looked in the library and cannot see a template for this, so have posted one of my own (Niddy feel free to remove it if I just missed the standard one for this site). I have intentionally given them a long period of time in which to respond (one month) as you then begin to take control of the situation again and we want to get to the stage where you are telling them what you will do rather than the other way round:

Name/Address:

Date:

Dear Sir/Madam,

Your Ref: xyz123

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I/we would point out that I/we have no knowledge of any such debt being owed to First Credit Limited.

I am/we are familiar with the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008) and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment. I would also remind you, that I/we are aware of the 'MALG' Guidance/Code that you should comply with.

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question. Obviously if I do owe you money I would be keen to arrange a mutually agreeable repayment plan.

I/we await your written confirmation either of proof of my liability, or that this matter is now closed.

Please reply within one calendar month of the date of this letter. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

I/we look forward to your reply.

Yours faithfully