Northern Rock Unsecured loan

[Steve 3767]

Any feedback please would be appreciated

[citizenB]

I am bumping your thread because I simply do not know the answer. I imagine that it would go some way to throwing doubt on the document.. but unenforceable. I truly do not know.

[Steve 3767]

Thankyou CitizenB,

 

I hope someone would be able to give me an answer and then to advise the next step should the agreement seem unenforceable...

 

Thankyou for your help

[IdaInFife]

a cancellable agreement that has no cancellation rights on it make it unenforceable

 

i'll see if i can find an appropriate letter

[Steve 3767]

IdaInFife,

 

Thankyou so much for the information you have provided so far... and to everyone else who has taken time to respond to this thread. Thankyou in advance for the appropriate letter that you will hopefully supply me with to send to Northern Rock.

 

I will be making a donation to show my appreciation.

 

Regards

Steve

[citizenB]

just giving your thread a little nudge to keep it in the public eye:)

[Steve 3767]

Thankyou citizenB

[Steve 3767]

Any further progress on the letter IdainFife.

[IdaInFife]

still trying to see if there are any about

 

just postings these for reference

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/216081-egg-loan-docs-received.html

 

post 20

[IdaInFife]

i think i may have been wrong

 

http://www.consumeractiongroup.co.uk/forum/general/103383-agreement-enforceability-2.html

 

post 26

[Steve 3767]

IdaInFife,

 

After reading post 26 i still think that it may be worth a letter to Northern Rock to see what they come back with so would you be kind enough to find me the appropriate letter to send to them...

 

Regards

Steve

[Steve 3767]

Would you please be kind enough to supply the appropiate letter so i can send if off to Northern Rock to see if i get anywhere with them.

 

Regards

Steve

[IdaInFife]

need to edit to include the cancellation rights - (will post these when i find them)

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/582-possible-letter-when-a-questionable-agreementapplication-is-sent

[Steve 3767]

IdaInFife,

 

Thankyou so much for all your help, i look forward to seeing the letter that i can send to Northern Rock to see if i get anywhere as they say "unless you try you never know"

 

Regards

Steve

[IdaInFife]

sorry for taking so long but was checking out the cancellable as further in the thread above the direct marketing came in to play in 2004 which changes things so cancellalion right should have been there.

 

 

send the above letter in the link but replace with

 

The agreement was improperly executed and did not contain cancellation details in breach of section 64 0f the act.

 

In that antecedent negotiations took place with the creditor prior to the agreement being sent for signing, and that signing took place away from creditors’ premises making the agreement cancellable as per regulations.

 

The creditor is therefore in breach of section 64(1) and 127(4) of the act which renders the agreement unenforceable.

[Steve 3767]

IdaInFife,

 

Thankyou so much for providing me with the information that i require to send the letter to Northern Rock however when i click on the above link that you so kindly sent it takes me to the forums and no letter template could you please check the link....

 

Also where do i insert the part that you so kindly told me to replace.

 

I thankyou once again for taking the time to provide me with this information.

 

Regards

Steve

[IdaInFife]

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/582-possible-letter-when-a-questionable-agreementapplication-is-sent

 

try again (try going down the page) and edit the bit in red

 

ida x

[Steve 3767]

Ida,

 

The link has worked and i have edited the letter as per your post, will send this recorded delivery first thing in the morning and will advise once Northern Rock Reply.

 

Thankyou so much for all your time and help.

 

Regards

Steve

[Steve 3767]

I have today received a response from Northern Rock which is as follows:

 

Dear Mr ******

 

Thankyou for your contact with Northern Rock. I am sorry to hear of your dissatisfaction.

 

Our aim is to handle your complaint fairly and quickly and a member of our customer services team will contact you shortly. In line with the Financial services Authority's requirements, we have eight weeks in order to resolve your complaint and issue our final response and will aim to do so, within this time period.

 

For information i enclose a copy of our leaflet entitled "explaining our internal complaints procedure" to help you understand how we will handle your complaint.

 

Can anyone please advise on the next step to take.

 

Regards

Steve

Edited February 11, 2010 by Steve 3767

[IdaInFife]

nothing - standard response

[Steve 3767]

IdaInFife,

 

Thankyou for your reply.

 

Do i wait and see what they say once they contact me to see what the next step will be.

 

Regards

Steve

[IdaInFife]

yes

[1miller]

Hi

I would be interested to see what response you get. I also have a Northern Rock loan that I made online.

 

My loan agreement is exactly the same as yours no cancellation period. The only thing is what if they sent a letter about the cancellation period before signing the loan agreement?

 

I can't quite remember but I think they might have posted a letter referring to a right to cancel. How might this change things even if it isn't on the loan agreement? I'm pretty sure though if they did it was before they signed but I can't remember. If I write to them and now cancel my agreement is there any regulations that say I have to repay some of the loan I have had or is it unenforceable?

 

I have had such problems with Northern Rock they managed to get a court order against me for the whole amount plus interest on a 10 year loan after only one year of interest and some payments being made.

 

Any comments would be greatly appreciated.

Edited February 14, 2010 by 1miller

[Steve 3767]

1miller,

 

I can not comment on your loan with Northern Rock, i was advised to upload a copy of the agreement and it would be looked at and then someone would suggest if it was enforceable or unenforceable, as you can read from the posts that at first it was thought that my loan was unenforceable then enforceable, but have sent the appropriate letter off that was so kindly supplied by IdaInFife and now just waiting to see what Northern Rock come back, as i will not comment on the phone until i have had a response from the kind people on here as to what step to take next.

 

1miller

I would not cancel your agreement as of yet maybe look at my first post and send them the appropriate letter and see what response you get.

 

Keep your eyes on this thread as no doubt it will be updated very soon.

 

May i just take this opportunity to thank Ida and everyone else who have so kindly gave me there time and advice so far.

[1miller]

Hi

Thanks for your reply I was wondering what law it was that you included in your letter? As I think if I remember from the thread that the template had to be changed. I think it was the 2004 financial services distance selling regulations?

 

I just wondered if anyone could comment on this regulation and if loans don't comply they are unenforceable or can be enforced by a court?

 

I have already had trouble with Northern Rock so I think I will also have a try at writing them a letter and see what happens.

 

I also noticed that the credit agreement I have isn't signed at all by me so I will also be referring to this in my letter.

Edited February 14, 2010 by 1miller