Natwest/mitchell Claimform - **£15k tomlin agreed** - now they say its £23k?

[lmrn37]

Hi 42man, No I think it was under 25K. What is the diffrence between the 2. If I had signed a loan form which is subject to CCA and it was over 25K would that make a diffrence. I swear I read something on here that someone had signed a CCA loan agreement and it was unenforceable because it was on the wrong form.

[42man]

I don't know enough about unregulated agreements to comment TBH lmrn....but this thread is quite interesting - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/171037-multiple-agreements-falling-within.html#post1845581

[lmrn37]

Still nothing heard from courts or sols. They will have had my defence by now. Its the waiting game I suppose.

[lmrn37]

Hi have a look and see what you think

 

http://i698.photobucket.com/albums/vv342/lmrn1/Loanappnat1.jpg

http://i698.photobucket.com/albums/vv342/lmrn1/statpg1.jpg

[lmrn37]

If you look at the loan agreement I signed this on the 5/3/05 amount of loan 17k, then look at the statement, 0.00 balance 22/6/05 then 25//7/05 suddenly jumps to 35k!!!

[42man]

It is still a regulated loan.....so you have some protection by way of the CCA74....any default notices at all ?

[42man]

Well I would completely deny that you owe them this amount....have they for some reason 'doubled' the loan up ? do the statements show what was added to make up the rest of the 35k ? There is a good chance that if they issued an incorrect default notice then it is tainted as the amount is completely incorrect !!!

[lmrn37]

Yes this is the default notice they sent also

 

http://i698.photobucket.com/albums/vv342/lmrn1/loandefault.jpg

[lmrn37]

If you multiply the loan it still doesn't add up to what they have said I owe them. I just can't get my head around the fact the statement balance is 0.00 then suddenly 35k is added. It all seems a bit sus to me

[lmrn37]

The statement I have added is pg 2, there was no pg 1. I would have thought pg 1 would just have address and account details on the front of it nothing else.

[42man]

I need to get something checked out before I add anything else....I have a sneaking suspicion the Default Notice is invalid.....unless they posted it on the day they typed it, then it doesn't give you 14 clear days to remedy....!! BUT I need to check when the 14 days came into force in DN's.....

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/132160-really-confused-3.html

 

Have a read of the above threads......

[lmrn37]

They have sent a copy of a letter attached to the default notice dated 8th June 2006

[42man]

Bleh....default notice rules changed in December 2006 !!! so we can't use that one.....

[lmrn37]

I still can't get my head around the statement amounts and the loan amount. I thought it was good new yesterday when i saw them as in - The loan amount is for x but statements say y, totally diffrent amounts so therefore the default notice is wrong.

 

Have I actually got a defence should this run all the way to court??

[42man]

I need somebody to have a look at the DN in more detail....the form and content may not be correct either.....this is a good one to read too - http://www.consumeractiongroup.co.uk/forum/legal-issues/184381-my-day-court-circus.html

[42man]

Give me a boot if I haven't responded in 24 hours.....

[42man]

I'm also going to move your thread to legal too...

[lmrn37]

Thanks 42man for all you help on this. I really appreciate it

[42man]

One question re the agreement lmrn....was your signature on it ?

[42man]

Did they not provide page 2 of the agreement ?

[lmrn37]

Sorry yes it was and dated by me also. Will upload tomorrow if it helps

[paulwlton]

Something aint right here, where have they got 32k from on the default notice the original amount including front loaded interest is only 17K

[Sparkie1723]

Something aint right here, where have they got 32k from on the default notice the original amount including front loaded interest is only 17K

 

Right again Paul!! something not right here.........but as you and I know full well there are a lot of "Carol Voerderman's" working in CMS Telford.........some of them I imagine would make her look like a maths "dumbo"

 

sparkie

[paulwlton]

Right again Paul!! something not right here.........but as you and I know full well there are a lot of "Carol Voerderman's" working in CMS Telford.........some of them I imagine would make her look like a maths "dumbo"

 

sparkie

 

The loan account starts with an indebtenes amount of over £35k... ANOTHER admin error.

 

PW

[lmrn37]

Any ideas of a letter I can send their sols pls