How you getting on? I have been fightin NRAM since oct 2009. i am now a whopping £20k in arrears, yup, £20k. ALl down to marriage break up and fraud on application forms, long LONG story, but still fighting. Had a call today, LBA sent out to me again, so the process begins all over again. I am sick to death of NRAM doing this to people. I am on my own with two kids, i have bipolar disorder (manic depression) clinically diagnosed and on meds. They are abominable to say the least. They even use my DWP social help payments to pay off the UNSECURED LOAN!!!! out of £480 help off social, they only pay £170 to my actual mortgage!! The DWP has told them not to, but they continue to cock up every month. Iif they paid it all to the right area of the mortgage i would only be £1900 in arrears to the main part!!!!! NOT £20K!!! i am at my wits end ;( Good luck to all fighting!

I AM STILL FIGHTING!!! i am now £20k in arrears, i have no clue as to why they have still not, since 2009, repossessed. I need advise on defense as theyhave threatened action again, for the 6th time, so just in case this gets to the courtroom, i need help. 1: limitations...how do they apply to me as well as the disability aspect of them, having bipolar disorder? 2: unfair relationship... 3: irresponsible lending 4: deed... fee simple....definition and meaning please thanks

Good Luck!! I am having pretty much the same issues....

i'll start a new thread, same situation with Northern Rock/NRAM... 3 years and counting, fraud on ex's part, admitted by NRAM, possession notices etc..... help!

hya, they are english law as they are used daily in bankruptcy and charging order processes....

Hope i've got the right area to post this! i have been researching endlesly and would like help on filing a UCC1 to give me power over any creditors and mortgage company which will give me 1st charge on my property....ALSO help if anyone knows about filing a land patent?? many thanks

i know about this tuling in the USA. However, national and international laws are difficult to assess. For an international law to become so, it has first to be ruled as a national law, therefore becoming law in the national area. its quite complicates and i'm still researching this area but i am pretty sure it will be in the legislation somewhere...just very well hidden hhahah

Thanks for the replies. I am pretty sure that as the lender sold my mortgage on (yet to be confirmed), that they wouldl have no standing in court to try to repossess my house as they have no beneficial interest and do not own the loan. They have to produce an original wet ink signed contract between themselves and I, which they will not have as they have sold it on. From what i have researched its a simple yet complicated fact. However, a court judge in USA ruled in favour of the mortgagee in a similar case and deemed the mortgage repossession unenforceable.!

hello, i need to try and do this. Is this still available now, may 2012? some f these post go way back! thanks

i told my mortgage lender that my ex had obtained further secured loans without my knowledge and had forged my signature. they said if i was alleging fraud, it was a criminal offense and i needed to report it to the police. so i did. the police came to my house, took a statement,w ere very nice etc, but toled me it was a matter for the lenders internal fraud team to deal with. the police gave the lender the log number etc. now, the lender disagrees and says its the POLICE who have to investigate this. this has been going on for over a year now. its a lot of money, Over £90000 on 3 loans. i dont know what to do. i have posted threads on here in relation to it. just thought i'd get in that it is not always investigates as you'd think it would be once reported!

Hya,thanks for acknowledging me! I have already sent this, a year ago...they have not complied. all i get is the standard...sorry we have not been able to resolve your complaint within the alloted 8 weeks blah blah blah. its a long story ...but i am wanting to know if they securitized my mortgage nad i'm going to try to claim unenforceability. i'm in a right mess because of the ex. thanks. x

this post has had 217 views yet nobody has posted!! Does anyone know about this!! please?>!! x

NRAM are part of the government scheme to alter the 3 month rule to allow 6 months before proceeding with repossession. Also, they have to show the court that under the pre action mortgage protocol they exhausted all reasonable offers from yourself prior to going to court. You will, if not working be entitled to support for mortgage interest which wil pay the interesst only on your mortgage and will be paid by the DWP direct to NRAM. If this does not cover the total amount you need to discuss with NRAM how much extra if any, you can pay to make up the shortfall. You could arrange with them to pay less, say only accepting the SMI, OR whatever payments you can personally afford should you not be entitled to this benefit. If you have shown you can pay AN amount rather than the contractual amount, they are bound by law to accept any resasonable offer for an agreed period of time until you get back on your feet. SHould they not do this, then you can show copy letters to the courts of your offers (always in writing or record your calls) and the court will throw their case out as they did not follow pre action protocol. hope this helps x

Hi, can anyone tell me how i find out if my original mortgage lender 'sold on' my mortgage to a third party and now only 'services' it. I'm sure you know what i mean without me going on and on!! I would like to know if there are any template letters on here which i could use to request this information from them in a legal manner/jargon! Thanks

i am going through a similar experience although not at the stage of repossession. This will however be inevitable. What i need to say is have any of you heard of the A4V (accepted for value)? Also.. the lender...or whoever has initiated the repossession proceedings (NRAM?nationwide lloyds etc etc HAS to prove they are the 'owner' of the debt/mortgage by producing the following...the title deed AND the original 'wet ink' signed promissory note/mortgage application which HAS to be signed by BOTH the applicant and the lender on the SAME page/document. BOTH these documents MUST be produced together for any claim to repossession. This in most cases WILL NOT BE POSSIBLE as most lenders 'sell' your loan onto a 3rd party almost as soon as they have completed...and in doing this they have to also pass along your promissory not...meaning they CANNOT possibly produce the original documents in court. NO DOCUMENTS NO CLAIM. simple.... i hope this makes sense. I am still researching this, DO NOT TAKE MY WORD FOR IT..i am NOT a solicitor, just trying my best to come up with a legal defense for when my lender tries to take me to court, hopefully by using the above, they wont even try! x good luck all x

What did you instruct the solicitors to do? Defend a CCJ or defend the Charging Order? challenge a credit card agreement Did you sign a retainer with either firm? How were you paying them? i paid claims warehouse initially who passed my files to the solicitor What new rules are you referring to did your solicitor say? CCA 1973 If I have this right your complaints are: 1st solicitor: You requested your file in Oct 10 and got it in April 11. Nov 10 got it april 11 They dropped you 3 days before trial. YES They never came off record but did the 2nd solicitors not file a Notice of Change/Acting? they never came off record...the 2nd solicitor told me the 1st had to come off record before they could act.... 2nd Solicitor: Not sure what your complaint is here. They said they couldn't help you but still have your file? yes, they had my file since april 2010, looked into it for me but took so long that test cases showed them they had a slim chance at winning my case as so much time had passed so they now refuse to represent me AND they have not returned my files regardless of maybe 5 requests to do so.

Hello, hoping for some help on how to proceed please. SOLICITOR WILL NOT SEND BACK MY PAPERS DESPITE NUMEROUS REQUESTS...THEY FAILED TO REPRESENT ME IN COURT WITH ONLY 3 DAYS NOTICE .....CAUSING A £15000 CHARGING ORDER ON MY HOME!!! Brief history: In 2009 i got into difficulties...money...debt...divorce...etc. I paid a Claims Warehouse £900 to help challenge or try to wipe off 9 credit cards held between my husband and i (now divorcing him yipee!!) Claims warehouse distributed these between a number of incompetant solicitors. The solicitor did all the usual jargon, audit etc, took forever to reply to me or inform me of the case. In October 2010 the case'S FIRST hearing was due to be heard in my local court. I was not informed until 5 days before that i would have to attend in person. I presumed my solicitor went alone. Dumb maybe but i was not aware. I have bipolar disorder and anticipatory anxiety and the thought of court scared the hell out of me. Had i had more notice, maybe i could have coped/meds/ unsure. POINT BEING though is that i was not made aware of this. I explained my concerns to the solicitor who said she would get back to me. TWO days later.....which was THREE days before trial, she EMAILED me telling me they were no longer representing me in court!!!! Even when i replied saying ok, ok , ok i WILL attend with you, they refused. I spoke to a different solicitor who had another case of mine and was helpful, she told me to forward all details to her and she would try to help however could not represent me in court within 3 days! She advised that the original solicitors would still be on court record and would HAVE to attend or inform the court that they would like the case adjourned to allow ME to find alternative representation, THEY DID NOT INFORM THE COURT OF EITHER. I spoke to the court and explained what had happened. A new date was set. Although i requested that my files be sent to my new solicitor in OCT 2010, they took months and numerous repeat requests to do so. In fact, they took Soooo long that by the time they DID, 6 months later, new rulings had come into place which meant my new solicitors hands were tied. I had to appear in court on my own. in may 2011, I explained what had happened but could only rely on my own defense. I had none....the original solicitors were STILL showing on court record as being my representation yet did not turn up. The judge was sympathetic to my mental illness and although a charging order was placed it was with the condition that they cannot force a sale. to make matters worse, the new solicitor....NOW tells me that they cannot challenge this as new laws have been put into place and trial cases lost. I have asked them for the return of all my files on NUMEROUS OCCASSIONS TO DATE I DO NOT HAVE THESE....***********is this non compliance********** what do i do??? i was told i could have a case for proffessional negligence, especially to the original solicitor who let me down last minute and caused the charging order in effect. I have been told my complaint to the original solicitor will be looke din to yet i do not get any replies from them now. the 2nd solicitor...WHO HAS ALL MY FILES....despite numerous DEMANDS with 30 days notice and then 14 days notice to return them to me, WILL NOT..has not, whatever ....return them to me.. IS THIS NON COMPLIANCE NOW, WHAT DO I DO TO GET MY FILES BACK AND PROCEED WITH PROFFESSIONAL NEGLIGENCE. HAD THEY ACTED EARLIER BEFORE NEW CHANGES TO THE LAW I COULD HAVE WON MY CASE. MANY THANKS X

Just to add to the above, this total of £285k is on interest only, always has been and is currently £1100 a month, I am on benefits! TO change it all to capital and repayment with them would bring it up to £1700 montlhy!!!!!! I seriously need advice and help please. I have struggled for 2 years with family help but now i need an end to it!

Hi, where do I start! Reposession has been threatened for nearly 2 years now. THey dont know what to do with it, NR that is. Original mortgage taken out in 2004 for £169000 Together one with unsecured of £30000 Within a year of the above they lent a further £20k, £44k and £6 k !!!!!!!!!!!!!! It came out of the fixed period a year ago. Cutting it short, i am now divorcing my husband as he was and IFA, dealt with it all, completed the forms fraudulently and i dont want to be held liable for anything other than the originla cost of the house. I have argued this with NR and they told me to report him to the police to be investigated. I did, but northern rock said because the police say its a civil matter between NR and him, the police wont look into it...so neither will NR!!!! The police gave them a crom number etc but they have shoved it under the carpet! NR gave us 125%LTV and a further £80odd k within a year on him self ertifying his income and incompletely filling in application forms etc full of lies that had NR checked the previous applications they woudl have realised! YES, dumb old me, i just signed what he put in front of me, but may i add i have a disability along with bipolar disorder and was wuite ill at the time. I am trying to get all the loans off this and just be held liable for the original house price. Difficult as said above to remortgage from 125%LTV not to mention i am on benefits only. My ex has also various charging orders against the property as...wait for it....he has a further £110k in loans and credit cards!!! IDIOT!! I Want to get his name off the house so he cant put further loans against it, but i want him to still be liable to pay towards it, not sure if this can happen. i have been agreeing reduced payments fo0r the last 2 years but this has now made over £13k arrears. I am thinking to stop paying and let it go to court for a judge to decide what to do with it , I agree the CCA can only cover £25k so how can it apply to these?? thanks and good luck all

I have had the paperwork scrutinised and been told I have a case,. Legal aid told me to reapply as a defense rather than prosecuting them. I am stuck between a rick and a hard place. The lender asked me to report the fruad to the police which i did. The police have now told me that it is a civil matter between myself my ex and the lender. I told them the lender was adament i reported it to the police so i did. they took a report from me and gave me a crime reference number, said they will write to the lender asking their position and their intentions now that i have done what they asked.

thanks for the above reply, how do you know this for sure..or do you? The lender had openly admittedin writing that they did not check the application forms...surely this is irresponsible and needs dealing with.

northern rock admitted to me in writing that they do not have the 'time' to check every application form they get. on our mortgage and the 4 loans with northern rock secured and unsecured...on the application forms, my ex has been fraudulent in the firms, saying cross refer with previous application etc, which menat he was lying about his employment details etc. Had they actually checked them, they woudl NOT have let the loans happen. They would have added up 2 and 2 and realised something was really wrong. I only realised when i asked for copies of everythign last year, it is not hard to look through them and realise this. They are just as much to blame for this mess as he is, thats my point, i want them to be held responsible and come to a payment agreement with em to help me keep my home. They screwed up as did he. and if they have threatened reposession for 2 years but not done it...i think they know i have a case .

thankyou. there is around £40k negative equity in the house at present. The loans on th house are in joint names, but one is not my signature, he must have forged it. The otheres are my signature, i dont recall signing for loans though. He was a financial advisor and dealt with everthign, i just trusted my husband and signed what he asked me ...stupid of me. He maniplulated me and tricked me. He has just informed me he is now being investigated for benefit fraud, old habits die hard eh! He took out money on credit cards to fund his business, they are in his name only, but he signed a form at the bak putting the house up for callateral for the business overdraft of £26ooo which is now a charging order on the house. I dont think that was fair as i knew nothing of it and signed nothing, but they have told me they woudl only take half of any future equity, his half. I engaged a solicitor, he was going to take the case on , they had all the forms, application mortgage forms etc, everything, they thought my case was good, manipulation, etc, i have a mental health disorder, bipolar disorder, he dealt with everything, the solicitor said my legal aid was turned down so wait until the mortgage company proceed then reapply and i should get legal aid for a defense. I tried another soliciotr who said i need a specialist solicitor..!!?? I tried a barrister direct and his colleaugue replied saying he would not speak to me direct and i need to be referred from a solicitor!! i cant get help no matter where i try! i am pulling my hair out, there must be someone sho can help x

Hi, i dont think you understand! Northern rock are just as much at fault as my husband, they have admitted to not checking the application forms, they haev given me ill advice also which has led to more arrears and a default on the unsecured lending, they have admitted that, they cannot find the recorded telephone conversations which BY LAW they must keep a recording of, expecially in these circumstances. I have done nothing wrong so NR should be bowing to my every need and coming to some sort of payment arrangement with me. I have sought legal advice from the DPW, CAB, A solicitor, second solicitor etc, nobody knows WHAT to do with it, it is such a cock up mess!

Hi, no there was no PPI, my ex had ticked on the forms that he didn't want it.