Hello, sorry for the big delay, a lot has been going on.
I finally got the bundle of data from NRAM,
I've looked through a lot of it and can't really find any discrepancies.
Although I'm not really sure what I'm lookng for.
It looks like from 2006 to 2011 we paid about £17k (we have paid nearly £19k in total) and only about £2,000 came off the loan!
We still didn't have any statements from 2011 to 2018
we got a solicitor (via my brother-in-law who suggested we use his solicitor) to write to NRAM's solicitors asking them to provide a comprehensive statement to date, or we would seek an adjournment.
He told me it is totally unacceptable for a company such as NRAM to not provide up to date information..
and that this should be exploited in our defence.
After no response, they emailed the solicitor today saying apologies for the delay, the letter required is in the post!
The solicitor we are using deals in property related disputes but is not (I now find out) an expert in this area.
He has told us to file the N244 to set aside judgement on the grounds we didn't have up to date statements etc..
I explained to him the judge said we can only apply to set aside if
a) we can show we owe significantly less (at least more than £10k less) and
b) we can explain why we waited so long and haven't applied to set aside straight after the ccj
(this is because CAB took the word of NRAMs solicitor on the phone that court action would be stopped and we didn't need to send in the court appeal form... still makes my blood boil that we allowed CAB to make the decision to take their word for it on the phone and then tell us not to send the form in)
I feel like we have come a full circle, and now have a solicitor who has told us what we knew already and were told about by the judge.
I was hoping he would be able to come to court and seek another adjournment or something, but he is going away on holiday.
I am going to have to ring around solicitors tomorrow and try and find someone who really knows everything to do with this.
I am going to upload the agreement etc on the link provided above.
Just trying to convert all to PDF.
The solicitor thinks it's worth applying to set aside anyway (even though it's £252) quote..
.'' I feel rather like a doctor when I say if you don’t intervene, its going to get worse.
If NRAM can sue you on the basis of their figures, they must know what the figures are and they must be able to justify them.
If the judge is to make an order he must know what the figures are.
You are already fighting an uphill battle because judgement has been entered:
and the only way to counter that is to try to set that judgement aside,
and then get NRAM to justify their figures in detail.
It is clearly unacceptable for a large company’s figures to be seven years out of date: you have to exploit that.' unquote...
.. part of me feels we should try to set aside ..
but if we don't have the reasons required as instructed by the judge, it could simply just be a waste of money.
However, I don't know how long this letter will take to arrive from NRAMs solicitors
I could apply to set aside as we haven't received the information yet. (?)
But if the information arrives in time for the case on 5th Sept and shows we do owe the amount (or near it) this surely would counteract our application..
sorry it's late and I'm rambling a bit.
I am going to the GP tomorrow as I was having heart issues from October last year, straight after the CCJ notification and visit to CAB,
I have had many investigations, monitoring etc.
but nothing serious has been found.
It's probably stress..
but as the court date gets closer my symptoms have got worse again and my palpitations feel more extreme than ever.