Unenforceable Diary

[sezzalenny]

Re: Unenforceable Diary

That's great thank you. I'll send the letter 😊

[sezzalenny]

Re: Unenforceable Diary

Just received a letter in response to the linked overdraft letter this morning, I'll try and upload a copy

[sezzalenny]

Re: Unenforceable Diary

Actually I remember that I'm not supposed to upload a copy....

The letter says....you will appreciate it is your responsibility to have funds available for the transactions you have instigated.....I can see it hasn't been credited since....letters have been sent about need to repay......I assume you quote various legislation in order to imply the charges and interest are unlawful....this is not the case
Mention of legal proceedings in 2007 between them and office of fair trading....

In summary the disputed charges were properly applied and the outcome of the legal proceedings confirms our position

With these points in mind we have taken every reasonable step to contact you....please contact us to prevent it being passed to third party

Although not the answer you were hoping for, I trust you will understand why we will not be upholding your complaint



Letter dated - 8th June 2018 - We have sold your account to Cabot Financial UK Limited. They are now the owner of the account. They own the personal information associated with the account. It was sold on 23rd May 2018
Cabot Uk Letter
26.06.18
29.07.18
19.08.18
15.09.18
30.09.18 - if we dont hear from you we will appoint a solicitor

23.10.18 - Mortimer Clark - we need to talk to you about the debt owed to Cabot Uk - contact us within 30 days or we will start court proceedings - we need to hear from you by 22nd November

Form included - need more info/dispute debt etc - Any help or advise gratefully received :0)

[SaltnVinegar]

Re: Unenforceable Diary

It's been a while since I've posted as up until now I've been receiving daily calls and texts from NRAM and reminder letters from the others but no mention of anything else.

Yesterday I received a final demand for one of the HSBC overdrafts. This one although like the others feels more troublesome as they have not acknowledged at any point the DMP or the cease of payments. It says I have 18 days to pay 2143 in full or they will pass it to repayment services or solicitors. I don't know whether to just start paying a pound a month to them to see if something going in makes a difference, or whether that is just me panicking! TBH it all just feels a bit like a ticking time tomb!!

Any thoughts greatly appreciated 

With regards to your point in bold (my emphasis), then I'd suggest there is zero point in making token payments. The reason for this is it has negligible impact on the outstanding balance, and, as you are making payments, means that the account is never going to become statute barred. The power is ALL with the creditor in this situation.

In addition to that, as they will see that it is going to take 2000+ months to recover the balance, it does nothing to prevent them from considering legal action anyway, there are plenty of examples of people making token payments, or even on fully agreed DMP's who still receive court claims.

My OH was on a DMP with one creditor, who issued a court claim with TWO payments left remaining (and of course added costs) after over 5 years of faultless conduct and payments of that DMP plan.

[Pixie]

Re: Unenforceable Diary

Actually I remember that I'm not supposed to upload a copy....

The letter says....you will appreciate it is your responsibility to have funds available for the transactions you have instigated.....I can see it hasn't been credited since....letters have been sent about need to repay......I assume you quote various legislation in order to imply the charges and interest are unlawful....this is not the case
Mention of legal proceedings in 2007 between them and office of fair trading....

In summary the disputed charges were properly applied and the outcome of the legal proceedings confirms our position

With these points in mind we have taken every reasonable step to contact you....please contact us to prevent it being passed to third party

Although not the answer you were hoping for, I trust you will understand why we will not be upholding your complaint

I wouldn't contact them. Let them pass it to a third party...probably a debt collector...and let us know when you hear from them.

[Susiebling365]

Re: Unenforceable Diary

A lot of good suggestions and knowledge in this thread, thanks to you all as its helping me to help my daughter. And good luck to you Sezzalenny, you doing well here, I bet youre glad you came. I m particularly interested in the result of the Co op and the overdrafts, I aim to keep track...

All the best x

[sezzalenny]

Re: Unenforceable Diary

Thanks for the replys.

Today I received a letter from NRAM saying thank you for your recent communication (I haven't been in touch) we don't expect you to pay it all, we can agree an affordable payment plan, please return the attached forms to assess your situation.....


Is this a trick? Are they doing something which means they reset the counter so to speak by making out they have spoken with me?!

Thanks in advance, Sarah

[Susie]

Re: Unenforceable Diary

most likely a computer generated letter thats gone out in thousands, and is just the next on the list that may (or may not) scare people into contacting them and getting sucked in to paying something. If it were me I would just file and have a cup of tea

[Pixie]

Re: Unenforceable Diary

Agree with Susie. Definitely don't fill in the forms.

[PlanB]

Re: Unenforceable Diary

also on the NRAM loan which is unsecured - it was part of a together mortgage so i didn't realise that it could be included in the DMP when we first transferred to them..(i thought it would affect the mortgage)...it was only when talking to PayPlan in 2013 and we were struggling with Mortgage payments that they said why are you paying the full amount on the loan.

After I saw your post #22 tonight I took a look back through your thread and found the above post.

What is the current situation with your NRAM Together mortgage? Have you redeemed it (sold the property or remortgaged elsewhere) but still left with the unsecured loan which was "delinked" so the interest rate rocketed?

Who sold you the Northern Rock mortgage? Was it a broker?

Di

[sezzalenny]

Re: Unenforceable Diary

Apologies, I only just saw this reply after coming on to post an update for another debt. The property was sold two years ago and the unsecured loan was then left. I'm not sure what happened to the interest rate. About a year ago they started calling and sending letters. They recently sent a letter to my current address but there has been nothing further. The mortgage was taken out through a mortgage advisor,....if that's what you mean?! Thanks for your help.

[sezzalenny]

Re: Unenforceable Diary

Just an update here, this has now been passed to westcot who are sending letters to my current address and calling daily.

I also recived a letter today from Cabot who have the barclaycard debt. They say they Re considering sending the account to an external debt collection company so urge me to contact them.

Sitting toght for both 😊

[Joanna Connolly Solicitors]

Re: Unenforceable Diary

The property was sold two years ago and the unsecured loan was then left. I'm not sure what happened to the interest rate. About a year ago they started calling and sending letters. They recently sent a letter to my current address but there has been nothing further. The mortgage was taken out through a mortgage advisor.

When you sold the property two years ago the interest on the unsecured loan would have doubled - that was the nature of these Northern Rock Together mortgages.

Since this is a £30k debt you need to keep your eye on the situation and post on your thread when you hear from them.

You can also expect NRAM to sell the debt to Whistletree or Landmark Mortgages so don't throw away any letters you get from either of them by mistake

I see it was a joint loan with your now ex-husband so what can you say about his ability/willingness to pay if NRAM chase him instead of you? Lenders tend to go after the one with the deepest pockets when it's a joint product.

You've been sent a credit agreement by NRAM so why don't you get that checked out for enforceability in case it gives you some peace of mind.

Was there any PPI on this one? Brokers who sold Northern Rock mortgages sometimes added it even if you didn't know about it at the time.

Di

[sezzalenny]

Re: Unenforceable Diary

Thanks Di,

i think the ex would contact me before speaking to them, he hasn't received anything at all the past two years though. I've all the original documents from the mortgage and the broker....can you give me any advice on what I'm looking for? Will it be obvious and mention enforceability and PPI?

thank you

[sezzalenny]

Just updating with info for Tesco Personal finance- currently with Cabot - letter received today dated 26th March 2018
potential legal action - will apply for a CCJ if you don’t contact in 14 days.

letter coming to my current address