Decree Granted on Unsecured Loan With Mortgage Company... Scotland

[bluegolfboy]

Hi guys/girls,

 

Pretty new on here so hope I am placing this in the right place!!!

 

My fiancee and I have a mortgage with Northern Rock (NR). When taking out the mortgage the financial advisor put the mortgage at 95%, gave us the other 5% and a little extra as an unsecured loan all from NR.

 

Now. It was a hard 2008 and payments were a little sporadic. We were on top of things until around Sept/Oct but then fell by the way side (paid off from work!). We fell to just over 3 months in arrears. NR had a lawyers company, Aberdein Considine, start legal action against us in order to recover the unsecured part of the accounts. We actually received a summons through from Glasgow Sheriff Court for attendance to a hearing on the 23rd of December 2008.

 

I spoke to my parents and managed to persuade them to bring the mortgage up to date. We were in constant contact with NR throughout and were informed that if the mortgage was brought up to date then the court action would be haulted. The account was duly brought up to date and both NR and their lawyers informed us that the court action would be stopped.

 

Problem is that it wasn't! We never attended court as we were of the opinion that it had been stopped! We were too trusting... The court granted a 'Decree' in our absence. We both wish to challenge the Decree and get the case re-heard. HOW do we do this??? The decree is for £28000...

 

What grounds could we have for getting the decree dismissed?

 

As an additional piece of information. My parents paid almost £5000 to bring the accounts up to date YET apparently they were short by £81.90 which was the reason for the decree going through the courts!!! Our monthly payment was £755 (mortgage+loan) yet in January we only had to pay £415 for the month as we had actually OVER paid prior to the court action taking place...

 

Your help and assistance would be greatly appreciated.

[bluegolfboy]

bump

[42man]

Hi BGB.....I think it might be wise for me to move this thread to the 'Scotland' forum as you haven't had a response as yet....

[blueda]

Hi bluegolfboy, I would say you have a good case to challenge Northern Rock for mis-informing you (typical of banks), you should have a good chance of getting the court decision reversed. Someone with experience of such a case should be along soon.

[rory32]

We were in constant contact with NR throughout and were informed that if the mortgage was brought up to date then the court action would be haulted. The account was duly brought up to date and both NR and their lawyers informed us that the court action would be stopped.

Was this confirmed in writing that they would no longer be pursuing you?

 

Was the decree undefended?

 

What does the decree state?

 

Were you served with an initial writ at the start of the claim? If you still have a copy of it it would be useful to know what the initial writ stated.

[bluegolfboy]

Was this confirmed in writing that they would no longer be pursuing you?

 

Nothing in writing... I'm too trusting... ARGH! Never again...

 

Was the decree undefended?

 

What does the decree state?

 

Were you served with an initial writ at the start of the claim? If you still have a copy of it it would be useful to know what the initial writ stated.

 

Hi,

 

The decree was undefended.

 

The decree states that I have to repay £28000 within 14 days of receipt of the paperwork from the Sheriff Officers, which was 4th of Feb 2009.

 

I was served with an initial writ but I do not know where it is now...

 

 

I have been in contact with NR since. The legal action was started over the defaulting on my account. The legal action was continued as 'apparently' I still had £81.90 outstanding under the defaulted sums. My mortgage and loan payments amounted to £755 per month. As of January this dropped to £713. January's payment was only £416 as apparently I had over paid in December!!!

 

I have put a subject access request into NR. Awaiting returned info.

 

How do I challenge the decree? Is there a form or a letter I need to write? Who do I see in the court??? I have been in a couple of times but none of them are very helpful and instead insist that I get a lawyer to deal with this. I want to deal with it on my own... With you guys help of course!!!!!! LoL...

[bluegolfboy]

bump

[rory32]

How do I challenge the decree? Is there a form or a letter I need to write?

You would do this by lodging a reponing note with the sheriff clerk. The sheriff will then consider the reasons given in your reponing note and may recall the decree. You will need to give reasons why the case was undefended and you should get a solicitor to write it for you.

 

The ordinary cause rules are complex. You only have one opportunity to get the decree recalled. I would strongly advise that you don't attempt to do this yourself and do seek qualified legal advice. I would also advise that you do this as a matter of urgency.