Remortgage issues - Northern Rock/Mortimer CO

[mysticpols06]

Morning all,

 

Just wondering if anyone can see anything wrong with this agreement which might render it unenforecable?

 

Thought i had read something a while back regarding the ppi needing to be outlined seperately as opposed to being set out as here.

 

If there anything else anyone can see is not right also, please say.

 

This might be a bit of a tricky one if is not enforecable (long story) will fill peeps in at later date once know basics of where stand with it.

 

Many many thanks as always,

 

Mpols x

 

im very aware how busy the forums are at the mo, so just going to bump until someone has a few mins. Many thanks Mpols x

 

[DocH]

Hi mystic have you read this thread on mutiple agreements, I'm no expert but understand that the PPI should be shown separately and have the amount of insurace, interest rate charged and total amount to be repaid:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/171037-multiple-agreements-falling-within.html

[mysticpols06]

Thats what i thought as well,

but couldnt remember the thread i had seen it in doh!

Thankyou DocH!

 

Am hoping can appeal this account somewhere even if is only to have ppi removed as, within a yr of taking loan hubby was made redundant

 

- we rang them and told them of situ (like they say to),

agreed lower payments for three months while job interviews etc going on in hope of new wage

 

within that 3 months they moved so quick we didnt have a clue (before we knew of cag doh),

 

They got hubby in court and demanded charging order even tho' we had offered the instalments, they took those as well.

 

Number of descrepancies now that i have been seeing on here.

 

Was in the middle of trying to get set up on payment schemes with all cred at time through DAWN (a cab type agency).

 

Hubby even went all the way to their courthouse,

because cab requested it be moved to our local

 

they refused and the solicitor was gobsmacked that he even bothered to turn up. (meant petrol couldnt afford etc etc).

 

Loads more to tell but would mean posting all paperwork etc & will take hrs so wanted to be sure could do something about this first before boring everyone with the details.

 

Am thinking,

would like to bring main sum down by removing ppi if poss

(& the credit/int charged on it of course),

then if poss,

would like to reduce or get rid of the instalments we're paying them which at the end of the day were offered voluntarily,

 

yet they still got the c'order regardless

 

now the economy has dropped even more,

we are really struggling to make the instalment payment.

Just really not sure how to go about starting.

 

Thanks as always, Mpols x

 

Another question i forgot to ask,

 

Have never actually received any final docs from the court regarding the order or findings etc.

 

We only have what my hubby remembers them saying on the day.

 

we have never received any other comms from n'rock,

not even a yrly statement to show how much we have paid so far

 

it has been nearly 3 yrs since went to court.

 

Surely we should have received something???

 

Mpols x

[silverfox1961]

Stalker alert:D:D

Yet another thread I've subbed to. Can't help much on this one Mpols. sorry

 

fox

[mysticpols06]

i really really need to be brave and try and get this one sorted while the others are so quiet.

 

Have been back over paperwork.

Received 2 final notices before solicitors letter

- 1st asking for immediate payment of arrears & second saying agreement terminated and asking for full amount.

 

No default notice received and wasn't passed to dca.

 

Was in middle of trying to sort out repayments with everyone and they had hubby in court so quick we didn't know what was happening!(all happened inthe space of a few mths).

Unfortunately hadn't met the wonderful CAG properly at that time.

 

Charging order was given as well as the monthly repayments

we had previously volunteered as pro rata repayment amount even tho' we requested one or the other not both.

 

Have been making the payments since oct 06

never received any statements or correspondence from northern rock since

- only the interim & final order from the court.

 

We now want to know if its possible to get the charging order removed or at least reduced beings as the contract has ppi added to the initial loan amount and then interest added to the combined amount which mean for an initial £15k loan we have been stung for £34k+

 

We need a statement of account and settlement figure so that we can let mortgage company know as we need to remortgage next yr and to do so means we have to be able to cover the amount for them as well apparently

 

we have not had any contact from them

we don't know how much is outstanding

(except for what we have tried to work out) or even who/where to write to.

 

The house is in neg equity

even if we did sell it they wouldnt get the lump sum anyway.

 

If at all possible,

would like to ask for any advice on how to go about getting this dealt with.

The main aim being getting it removed if poss

 

the others to have the ppi at least returned or taken off the total owed etc.

 

Sorry if this is too confusing.

Am just thinking might be better to have this thread moved to legal forum maybe.

take care & thanks as always, Mpols x

Edited August 24, 2010 by mysticpols06
typos :)

[silverfox1961]

Hi Mpols.

 

Not sure if you have seen this link

http://www.insolvencyhelpline.co.uk/ccj-removal/valid-reasons.php

 

Maybe one of the suggestions in it apply to you.

 

fox

[mysticpols06]

morning fox - hows it by the seaside?

 

Thanks for link,

had looked before but just checked again,

 

sounds promising on one hand,

because we can prove have been making standing order payment every months same amount since order went through in oct 06 plus didnt have default notice as such and interim judgement demanded full outstanding amount to be paid the same day?!?

 

- we weren't at that hearing cos didnt know about it,

- didnt pay up (even if we could have done) on the day

then went for ccj & full charging order.

 

according to advice on that link tho,

we might not be able to use one of those reasons as hubby did actually bother to attend final hearing and send in (albeit a very pointless and amateurish) defence.

hmmmmm. Hope you are well hun, Mpols x

 

Also, have just remembered something vague about if the loan was in one name and the house in joint then the most that can be achieved is a restriction on the property not an actual charging order?

 

Is there anybody that has a bit of knowledge on this topic that could possibly clarify at all or offer any advice on the above posts please?

 

Many thanks as always, Mpols x

[silverfox1961]

I really do wish I had the knowledge to help Mpols

 

On a brighter note. Yes I am enjoying the seaside although it is actually 8 miles to my nearest beach (Southwold)

I'm beginning to dislike Lowestoft with a passion. The road network is appalling and the bridge in the centre of town is always going up and down. Ruddy boats;)

[mysticpols06]

Tis ok hun,

thanks anyway,

 

will just have to keep bumping until hopefully someone has a look.

 

Boats eh......

 

bump

[silverfox1961]

Morning Mpols

 

I'm just having a read of PT's thread linked to in post 4.

From what I can glean from that thread is that the PPI should have been listed separately. As for the amount. almost 50% extra:shock:

The problem is that there is a CCJ on this so I don't know if you can appeal it.

 

NR must be rubbing there hands with this one:mad:

 

I'm wondering whether this thread would be better in the Legal Issues forum

[mysticpols06]

Hiya,

 

Have requested that this be moved to legal forums instead as i think you may be right fox & it could be better served there.

 

Am really eager to try and get the ppi removed

- i doubt very much that we would get any back as such but would be a huge help if we could get it taken off the outstanding amount.

 

I understand that apparently we can't do anything about the front loaded interest as they stated it in the agreement (posted above) but the ppi i'm sure should be malleable. T

 

he amount we got charged with compared to the amount we borrowed is over doubled!

 

Hopefully we might start getting soewhere with it all soon.

 

Take care hun & thanks as always, Mpols x

[saintly_1]

Thread moved to legal issues as requested

[mysticpols06]

Many thanks Saintly 8-)

Afternoon peeps

- Could anyone please have a quick look at the above posts and advise accordingly if at all poss?

 

Many thanks as always,

 

Mpols x

[mysticpols06]

Hi everyone,

 

Back in 2006 Northern Rock secured a CO against my Husband.

House is in both names - debt is in his.

 

He has paid an agreed installment amount every month since and he has received a refund of ppi that was apparently missold at the time.

 

The debt was moved to Marlin/Mortimer Clarke in 2013

 

since then all he has received are the occasional generic 'discount' letters offering for him to repay in full at a reduced amount.

 

He has never received a statement of account - even after requesting one years ago.

 

The debt was for an unsecured loan with interest frontloaded

- the judge ruled that as long as the repayments were made each month,

there would be no application to enforce the order by way of sale.

(I'm not entirely convinced that the figures add up, but that's another story).

 

We are in the process of re-mortgaging

- everything going fine,

credit files coming back in good cond/top scores etc etc,

no more defaults/ccj etc after clearing debt in the past decade,

 

except the Solicitor has now come back to say that there is a restriction on the land registry, which i believe to be a standard form K;

 

"Form K (Charging order affecting beneficial interest—certificate required)

No disposition of the [registered estate or registered charge dated [date]] is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to [name of person with the benefit of the charging order] at [address for service], being the person with the benefit of [an interim] [a final] charging order on the beneficial interest of (name of judgment debtor) made by the (name of court) on (date) (Court reference ... ... ... ...)."

 

The solicitor is saying that in order to proceed with the remortgage they will have to

"obtain the requirements from the restrictioner to have the restriction withdrawn before granting the new charge"

and that they need to write to

"the restrictioner to advise them of our intention to remortgage and to ascertain what they require in order to sign the necessary forms to release their restriction".

 

Apparently, the restrictioner will be put on notice that we wish to remortgage and may refuse to remove the restriction, may want us to pay their fees the remortgage can not proceed with the remortgage with the restriction in place.

 

I thought that we only had to inform them that we are remortgaging?

 

Surely as long as we keep paying the agreed monthly repayments,

they can't push for more/force a sale?

 

Does anybody have any advice please on how to proceed

- also,

am i right in thinking that legally they should have provided us with 6 monthly statements of accounts at least?

 

Can i lodge a formal complaint etc about that, or is there not much point, do you think?

 

Anyone been in a similar situ?

 

I'm not sure what would be best to ask the solicitor to do,

unless i give them our big pile of paperwork from over the years to go through :/

 

Thank you very much for your help, Mpols x

[silverfox1961]

Morning,

Still an unknown area for me so just a little bump for you. I did think that if a CCJ is passed on to a new owner, the courts would have to be told but hold off on that one for now s I'm not that sure

 

Do you have a rough figure of how much is outstanding?

Ignoring the PPI, did you try to get any charges levied back?

[theoldrouge]

Did you declare the restriction in your

 

Remortgage application?

It's normally a question that would be asked

 

Is there sufficient equity to achieve a larger

remortgage in order to clear the debt?

[mysticpols06]

Hey to both

No only ppi was returned, will look at other charges,

the interest that was front loaded is the killer,

but will have to read up on that bit.

 

Yeah we said about it during the application for the mortgage in principle and explained that we'd continued paying each month but hadn't heard anything and that our credit has been ok the last couple years/cleared other debt etc,

 

but we weren't sure how it would affect the application,

but when we/the broker checked our credit files,

nothing was registered and it showed we had fantastic credit rating apparently.

[theoldrouge]

It's standard practice for a new lender

when remortgaging to require all

existing mortgages,charges etc to be

cleared. Sometimes exceptions can be

made,with the specific permission of

the lender.

 

You should refer to your mortgage offer

letter.

 

You should discuss the situation with the

mortgage broker , who usually have

good contacts within lenders.