NRAM

[lloydjones]

Re: NRAM

This is the only thing I received. No Terms and Conditions, no statement.

[Paul.]

Re: NRAM

77 Duty to give information to debtor under fixed-sum credit agreement.

(1)The creditor under a regulated agreement for fixed-sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)the total sum paid under the agreement by the debtor;
(b)the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and
(c)the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.

There is a clear reference to section 5 overleaf, thus there is a remediable breach of s77(1) Consumer Credit Act 1974.

[Paul.]

Re: NRAM

Id also ask about things like how you actually came to enter into the agreement?

[lloydjones]

Re: NRAM

Id also ask about things like how you actually came to enter into the agreement?

I don't understand sorry?

[Paul.]

Re: NRAM

I don't understand sorry?

sorry trying to do about thirty things at once here and im preparing for a major trial too plus writing an article on harassment for a local paper lol

Anyway how did you come to enter the loan? was it online? were you cold called ? were you a Northern rock customer already?

Were there any face to face oral negotiations?

[lloydjones]

Re: NRAM

All done online. Not a Northern Rock customer, not tied into a mortgage agreement like they used to offer.

[Paul.]

Re: NRAM

Thanks, ok then thats not going to make the agreement cancellable under the CCA sadly.

[lloydjones]

Re: NRAM

Thanks, ok then thats not going to make the agreement cancellable under the CCA sadly.

Ok, thanks. When I say it was all online, the application was done online and agreement either printed/sent for me to sign.

What do you advise to be my best/next course of action?

[lloydjones]

Re: NRAM

Ok, as stated in my first post I am pondering what to do as NRAM have apparently re-called the debt from Allied/AIC (although they still telephone me daily!). I would appreciate advice on what I should do next with the list below of NRAM's next possible moves:

(i) instruct a different DCA - this isn't a huge worry as it drags the issue out and gets me closer to statute barred!

(ii) take legal action to have payments towards the debt deducted from my salary - this is obviously a concern! How likely?

(iii) a CCJ against me and a 'Charge' against my assets - no assets of worth, house is in negative equity! However, this is probably my largest concern. Don't want a CCJ being so close to it being statute barred and nearly 3 yrs elapsed since defaults on other debts.

(iv) petition for bankruptcy - can anybody explain further, how likely?

(v) consider other legal action to recover the debt - e.g.?

(vi) sell my debt to a debt purchaser - not a huge concern, however, I guess they can follow steps (i) - (v)?

Thanks

[Paul.]

Re: NRAM

Well hang on there. If they have no instructions from NRAM then they have no right to call you.

I did a cease calling letter, which has had some great results so far, and which may well be of use here

Dear Sirs

i write to place you on notice that your company is causing me alarm and distress due to the frequency of the telephone calls which i am receiving. Whenever the phone rings, i am left feeling ill and in fear that it is your company calling. Please be clear, these calls are far beyond a simple irritation or an unwanted interference, they fall clearly within the definition of Harassment.

I have made it clear to your company that i do not have the funds to pay you what you are asking. I have asked for these calls to cease however i have been told by your staff that they will continue to call me even though i have made it clear i do not wish to discuss this matter via telephone.

I have received calls from............................... on the following dates.

1)
2)
3)

I require you to ensure that the recordings of these calls are secured and protected, and above all, must not be deleted, erased, or tampered with as they will be key evidence in a claim which i am preparing to bring against your company. Destruction of these records may lead to contempt of court proceedings being brought against you.

I require these calls to cease with immediate effect, i will not discuss this matter with your company via telephone. I draw your attention to the Court of Appeal ruling in Roberts v Bank of Scotland Plc (Rev 1) [2013] EWCA Civ 882 and in particular paragraph 37 & 38 of the Judgment. The Court made it clear that the existence of a debt does not allow a creditor to persist in harassing the debtor.

I require you to confirm by return that you have secured and protected the recordings of the calls detailed above, i also require you to confirm that these calls will cease with immediate effect.

If you persist in calling me i will issue an application for an injunction under the Protection from Harassment Act 1997 and will also seek damages for the same on the principles laid down in Roberts.

I trust will treat this as a matter of extreme urgency.

I do not however wish to see people claiming the credit for the above, i drafted it and would be grateful for acknowledgement whenever it is reproduced i am doing a lot of work on unfair relationship, telephone harassment and Protection from Harassment Act and i have an article being published in a paper too and the above forms part of that work

[lloydjones]

Re: NRAM

Not heard from Allied/AIC for a good few days now so lets hope they've finally received the instruction from NRAM to stop chasing the debt on their behalf.

Also, might have some money coming that will allow me to try and make a full and final offer on the debt. However, if I do this I guess that's me acknowledging the debt yes? Am I best sitting on the cash just in-case things hot up and they start threatening County Court etc. and then make an offer?

[Enforcer]

Re: NRAM

Sit on the cash and see what happens next.

[lloydjones]

Re: NRAM

Think the debt has been sold to Marlin Europe V Limited. Letter states "This letter is notification that we, Marlin Europe V Limited will have assigned to us all right, title, interest and benefit in the debts due in relation to the above loan..."

Any information on Marlin Europe V Limited or Marlin Financial Services? Thanks

[lloydjones]

Re: NRAM

I've done some searching and it appears that Marlin are a handful. Only received a letter asking me to contact them so far. I have not replied or called them. The plan is to ignore phone calls as much as possible. I will answer calls and letters in my mother tongue - WELSH