oh! Sorry, where has it been moved to!? I had trouble finding it. Can anyone help me?! sorry again!

Hi, long story here, i will try to be brief but doubt it will happen! Northern Rock have been threatening repossession for 18 months, but never actually doing it. I think i have them by the b*lls and they know it, so they don't want to open the can of worms so to speak. I have petitioned for divorce last week (yey hey) from my husband of 13 years. He was a financial advisor of 25 years. After separating last year for good, I took over all the finances in my home which I share with my two young children. I have Bipolar disorder, which is a mental health disorder and I am in receipt of benefits only, DLA ESA Child benefit and child tax credits. I was struggling to keep on top of the bills etc as he had always dealt with everything.This is when things came to light. Long and short, i requested copies of all mortgage applications from Northern rock and things did not add up. It shows he was in massive debt when he bought his first house before he was with me, yet they gave him a mortgage, he re-mortgaged 3 times on this property. In 2004 we moved in to this property and obtained a joint mortgage. This was one he had on the old property with northern Rock and he ported it across to this property, into joint names which i was happy with. He controlled all the money, made out that his business was doing well etc, then in 2008 things became clear. I questioned how come money was so tight if business was doing well. He had asked to take money out of the kids savings, which was only around £700, my parents had the books and he wanted me to get them. When i questioned this and a few other things, he battered me. I had him immediately arrested. He had been mentally abusive before now but never physical. Two days later we sat and discussed everything./ The business was failing and the mortgage was in massive negative equity. I told him to close the business and get a paid job. He did. But things were tight.He had a load of credit card debt to the tune of around £85,000.00 on top of the mortgage. We bought the house in 2004 for £169,000.00, and now, 4 years later there is £285,000.00 on it in secured and unsecured loans. This amount was given by Northern Rock within 18 months of moving into the property. RIDICULOUS. I was not working and he was self certifying his income. There were minimum payments to the credit cards of £3000 per month on top of the minimum contractual INTEREST ONLY mortgage payment of £1400 per month. We could not cope. His employer made him go self employed within their company after one year, then let him go 5 months later. He had no job and we were going under. I have had 2 applications for charging orders through the post. One for £26,000.00 has been granted and another for £22,500.00 has been applied for, both for his business bank overdraft and the second a credit card debt. I rang Northern Rock and explained this to them , since November 2009 they have been accepting reduced monthly payments of almost half the contractual amount. Since Sept last year when i kicked him out (at last) they have been accepting SMI (support for mortgage) payments only of £480 per month, which is £750 per month short of the contractual amount. Ever month i receive a letter from Northern Rock saying that i have not contacted them nor paid the amount due and am in arrears of XXX amount etc. Yet every month I call them to explain and agree the amount for that month, being the SMI payment. I have been passed from pillar to post, from the 'sensitive' team due to my illness , back to the switchboard and so on. I have been ill advised by them and when i query it they cannot seem to find the notes etc. I received a default notice at one point which upset me and i could not understand why. After I called them, it became apparant that NONE of my payment had been going toward the UNSECURED element. They never advised me to pay seperate amounts. I queried this and asked them to look into it. I was advised that it may be possible for me to go into a LOAN MODIFICATION, and after weeks of phone calls and income and expenditure forms, i was now told that they could NOT do this as I had recently gone into a £1 CCCS arrangement to pay £1 towards the unsecured!!!!!!!!!! Again, this was conflicting information. I asked for transcripts of ALL my recorded telephone conversations along with all the notes they had on my file so that I could look into this. It took months to get to this point and last week i received a full and final response letter stating that they 'cannot find the phone transcripts' and that they do not physically have the manpower not time to check each and every application form that comes throught to them , they have to trust that the truth is on there by the applicant!!!!!!...and that they would not be upholding my complaint!!!! I have made them clearly aware that on the mortgage applications, my ex has been fraudulent by playing the system and not completing the forms correctly. He has, for example, scored through the employment section on one and written 'please cross refer with previous application'...this would have put him as employed when he was in fact self employed at the time etc etc. If they had in fact took the time to cross refer they would have realised this. They would also have realised that the amount of debt he had shown on the previous applications could not possible have been paid of as shown on the following application. He stated he needed the extra funds to ' consolidate business debt!!!!!!!! I have made it clear to Northern Rock that he had fraudulently, without my knowledge, obtained further credit to the account. Every month when i call, if not twice a month, i tell them...stop threatening to repossess me, either do it so I can attend court and defend myself, or leave me the hell alone. I had a solicitor challenge them, i was going to sue them, the solicitor thought my case was good but legal aid was turned down from a prosecution point of view. They told me once i do receive a repossession order to get back in touch and legal aid will be granted for a defence. But it is 2 years, i cannot keep going every month wondering what is happening. I am £13000 in arrears, with charges adding on. I have been told i may be able to capitalise etc etc but nothing ever comes of it. As much as I want to stay in my home, as i will never be able to obtain another mortgage myself after this, ia m not sure how i could afford it as it stands on my benefits. It is interest only and there is no way at the end of the term that i could find the full amount. My 'plan' is , to sue them to the point where i am only responsible for the original mortgage amount, the interest is reduced to a monthly amount i can personally afford, and that the arrears are capitalised. I will fight tooth and nail for my home, if at the end of it i have no choice but to go into rented then so be it. But i feel that i have for 13 years, been lied to and cheated out of owning my own home which may at some point in the future have given me and my children some security. I dont think we should be punished because of my ex's lies nor the irresponsible lending and incompitence of Northern Rock. HELP!!!!!!!!!!!!!!PLease!!

Hya, yeah I was yesterday, i replied via here to him, seems genuine enough, not sure though. I was stung for just short of £2k from Ratio, so I would be more than willing to blab on them!

they have found to be defective, on what i cant recall, they are with a solicitor just now but they are dragging it out! thanks again.

Hya, ok thanks, have done that. I think if after nearly 18 months they havent tried to take me to court then they never will, just clearing the credit file now really! thanks again. can you tell me, if someone HAS supplied a copy agreement but it was taken out at a previous address and the credit limit was raised numerous times without an extra signature or request for it to be raised, can i do anything about those? cheers!

Thanks, it's been going on for ages, I have so many to deal with as Ratio are rubbish. Will I write telling them to remove data etc now?

OK, I cant scan in at the minute but general jist is as follows: I stopped paying to MINT in October 2008. I have had millions of debt collection agencies asking for payment etc. I have a solicitor working on this but via Ratio MOney initially so hence it being nearly 18 months on and no joy. Thought i would take it on myself too. I wrote using templates form here, asked under s78 of cca for true copy of agreement. They wrote back saying thankyou for the £1 payment, gave me copy statements and a copy APPLICATION form. i replies saying this does not conform to sections 60 (1) and 61 (1) of cca 1974 and would only be enforceable under s65, however the absence of prescribed terms/signature would mean a court would prevented from enforcing it etc etc etc, granted another 21 dyas to provide me with an executable agreement. Today I got a reply saying there is no obligation for them to provide a copy of an agreement bearing signatures under regulation 3(2) and 7 (1)(b) of the CCa Cancellation notices and copies of documents regulations 1983. T They say they have provided me with terms and conditions etc therefore have met their obligations HELP!!! what do I do next?? thanks guys

do you mean the application they sent to me? i will scan it alal in in a bit for you thankyou!

Hi, the cca??

HI, I sent the first request letter to MINT and they replied with only a copy of my application form. What do I do next? Is this non compliance with the request for a 'true copy' of my credit agreement? thanks!

Its worked for me too, i am more than happy with them just not pursuing me anymore, it was well worth writing the letters. I think the DCA's hold off once they think you know what you are talking about, because to me, they dont have a clue! Anyway, I will keep posting new threads for each one i get sorted, and thanks for ALL opinions, cos thats what they are, just opinions, but some opinions on here have got me to where i am now and i am eternally grateful! x:D

woah....this is MY thread!!! ha ha, come on guys, chill, we are all on here for the same reason. Please can you ALL help me with the title of this thread!! thanks

HILLARDS, thnaks for your comments. I hope you arent implying that I have been on here 5 mins and consider myself an expert! I have been looking into this for over a year now!! If i have picked you up wrong i apologise. I think everyone on here has been helpful and the templates are great. I see now that the debt is not being pursued but not written off. This is still satisfactory to me. I am not trying to get out of debt without a bloody good reason!! I have been corresponding with these companies for over a year now, most went passed in house collections, some even to a solicitors, so will see what happens with the others. I paid an agency to deal with credit cards, using similar methods but after 15 months they arent even at litigation stage, i was told 9 months. I appreciate ALL comments on here so i hope i havent picked you up as implying i dont know what i am doing. i appreciate the warning of being careful. i am not a lawyer either!

Hi B3rty, i dont understand, letter 10 on that link i information only..isnt it??

B3rty, thanks. Is there a template on here to write to the credit reference agencies saying i think the entries are wrong?? ?? I will look but if you have a link brill! I think i went into default 20 months ago so only have 3 and a half years to wait for the drop off! but if the debt still isnt paid after 6 years, can the ompanies re register you as being in default??

well, if they just aren't pursuing it , yet haven't provided the agreement, what do I do next!! thanks

Yeah I guess they couldnt provide it. I sent the 1st request on the 11th Jan and they wrote back on the 14th saying they wont pursue me anymore!! JD willaims did too but they both say they wont remove any defaults they have put with credit reference agencies, I dont think they can do this so i need confirmation from someone on here and pointed to the correct letter!

WOW, 2 written off in a week! Thanks for all the templates. However, as with JDW, Grattan have sent me the following letter, saying they will not pursue the debt but WILL register with credit reference agencies..How do i get them to clear my credit file?? this is what they sent to me: Dear Mrs X Re Account XXXXXX Your most recent letter has been passed for my attention with regard to the above numbered account. After reviewing the account we have decided not to pursue this debt and no further collections activity will be taken. We must however advise you that details of the account will De registered with a credit reference agency. Lenders consult these agencies when deciding whether to grant credit. We trust that you will pass this information to your client. I trust that this clarifies the position. Yours sincerely Anyon eknow how I can get them to remove the credit reference stuff please?? thanks again!!!!!!!

Hi, I cant recall where i started this thread but i am a bit more familiar with this site now! So this is for my JD williams, I have around 28 creditors in total. After finding great templates on here I wrote to them all with my 1st request for a true copy agreement..... I have had no response from JD WILLIAMS so i sent the second fail to respond letter requesting it again, the £1 fee was enclosed with the 1st letter. This morning I had a letter from them saying they WILL NOT pursue me for the debt but still leave my details with credit agencies etc for up to 6 years..copy of the letter below::::::: Dear Mrs xxxxx, Re: Account number xxxxxx. We thank you for your letter dated 4th January 2010, which we received on 12th January 2010, the contents of which we note. (didnt acknowledge the 1st letter though...they sent a ridiculous made up agreement with this address not the one it was taken out in and no signature or date!! Just a massive list of things i ordered and were apparantly delivered.) We have complied with our obligations to supply you with a "True Copy" of your credit agreement. A "True Copy" is defined by Regulation 3 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. The "True Copy" need not, by law, contain either the signature of the debtor or the date of the signature in our case. Having been provided with this "True Copy", there is no basis for you to allege that you are exonerated from payment under the agreement. You do not deny receiving goods or services and it is therefore considered that your assertion that you have no legal liability for payment to be based solely on the fact that the relevant credit agreement has not been signed. In this case, we would like to make it absolutely clear to you that should you take the decision not to make any further payments to the account, whilst all collections activity will cease, the fact of your non-payment will be registered with a licensed Credit Reference Agency. This record will remain on your credit file for a period of 6 years, which may in turn make it difficult for you to obtain credit in the future. You have stated that this is a request made pursuant to the CPR (Pre-action protocols and Part 31.16). Which pre-action protocol are you referring to as being applicable in this case? In addition, as no proceedings have been commenced by either you or us why do you believe that the CPR is applicable? In compliance with the Practice Direction on Protocols we would be happy to provide you with any relevant information that we hold upon receipt or a letter from you setting out the details of your claim. Please confirm your intentions with regard to future payment on the account. Please quote your Personal Customer Number on all letters and orders. Can anyone suggest what I write to them now to get the credit references wiped clear?? Or will I just shut my mouth and be glad they arent pursuing me for the money???!!!!!!!! thanks again! Sinerely JD Williams 237228

right, JD had the first request and replied with the 'copy' agreement, no dates or signature, they said they didnt have to. So, i sent the second request letter and they have until 27th Jan to reply. If they do not provide me with it by then, what do i do next! thanks guys x

Oh ok thanks! Either way, it cost me 99p to send recorded and Grattan wrote off over £600 within 4 days of receiving it!! Hopefully the others will follow suit! Some have passed it on for me but the others, well, for the price of a stamp! The DCA's have all closed their files and passed it back to the original creditors. thankyou all for the templates! will update accordingly!

I sent the first request for copy agreements to all my catalogues etc on the 28th Dec...most replied saying contact the catalogue direct and they closed my file..the debt agencies that is. So i sent again direct to the catalogues and this morning i had a letter from Grattan writing the debt off!!!! after only one request!! things may be looking up!

thankyou all for your advice! i will look through the template letters. its confusing, some say use the data act and others say it hinders....which is best. i already sent them all a letter with £1 fee under data act and most haev replied saying they will request it etc, only jd have sent tha above copy rubbish. what is the second template letter called please? thanks happy new year ...we hope lol

hI DPICK, THANKS LOADS, READ THROUGH AND YOU ARE ON YOUR WAY soz..cap lock! It is driing me nuts, i have about 15 catalohues/credit cards and i am at the end of my tether. we paid an agency to deal with it over a year ago but no joy as yet, only one in litigation. trying to do it myself now. i have bipolar..manic depression, have had for 7 years (since i got wed lol) and it makes it hard. i proved with letters to them all so they would stop hassling me by phone which most did but some ignore it. i will try and ocme on here and post new threads for each one but it is very confusing! thanks eveyone

HI, i have written to Reliable Collections requesting a true copy of my agreement with them who passed the buck back to JD Williams, so i sent them the £1 fee and letter tepmlate etc.. i received a reply saying the following: there is no requirement to provide a photo copy of the executed agreement bearing your clients signature ( i asked for a true copy) and it is sufficient for them to provide a true copy of the agreement setting ou t the terms and conditions to which your client has agreed ( client meaning me i guess). We are therefor enclosing a true copy of the credit agreement sent out when the account was opened. All they sent was a credit agreement bearing my name and address and they signed it, nowhere soes it have my signature at all. they also sent a print our of everything i have apparantly ordered from them! HELP..HOW DO I COPY AND PASTE A pdf!! What reply will i send them now they cannot provide a true copy?? thanks