Northern Rock

Ruddockus

Hello,

This is my fisrt time so I hope you can read this. I am after some advice. I took out a Northern Rock Mortgage in August 2001 and redeemed it or so I thought in January 2002. Now it would appear I had a part of the loan that was unsecured which was not paid off and I have never paid. I have moved several times since then and received a letter from a company call ed dlc (direct legal and collections) demanding I pay £11000 or face the possibility of Bankruptcy. These people continued to harrass me until I agreed to pay them £75 a month. In the meantime I have called Northern Rock and found out the debt is still owned by Northern Rock and not been sold off to dlc like a lot of debt. I also pointed out to Northern Rock that this account was "Statute barred" as they never took me to court and 6 years had lapsed since any payment was made. They in turn said that they received payment from dlc who I have paid this £75 to and that they had sent this account to them in 2006 and as they were not part of some lending board they had 12 years to collect it. I made the first payments in February of this year to dlc which was well over 6 years since any other payment, and I have not paid Northern rock direct neither have I sent anything in writting stating that the debt is mine. I only agreed to pay dlc on the telephone as my wife was sick to death of them calling me. Can some one advise me if I have a case for Statute Barred or will I have to continue paying this money? Perhaps one of the CCCS people could comment also. Also what is the best way to go about legal advise on this?

copier_guy

Not sure about this.

Normally, unsecured loans are statuate barred from 6 years with no contact and no payments and not admitting the debt.

but

some Mortgage companies can pursue you for 12 years

They must be chasing you for a unsecured debt as if it had been secured wouldnt this have been paid off when you discharged the mortgage with them?

Ruddockus

Hi There,

Thank for the reply, the mortgage was fully redeemed, however, the unsecured part never was. This was never secured on the property either. Where do you think I stand?

copier_guy

Normally if it was a credit card debt or something i would send a cca request to them. CCA request is asking them to prove the debt exists and they have the proof.

Your situation is a bit tough to work out.

If you cant find an answer here try consumer action group

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/

post back when you have any info. its bound to happen to someone else

Ruddockus

Hi There,

Thank again for your reply.

What does CCA stand for? Where would I find a CCA request? If the debt does exist do I still have to pay it? I think I have been misled by dlc by them telling me that they may file for bankruptcy which I believe is against the OFT guidelines?

Thanks in advance.

copier_guy

happy to help if i can ruddockus but please no that my info might not be accurate or correct!!

A cca request is a letter you send to the creditor asking for a copy of the agreement. The creditor must supply you with this otherwise they are unable to collect any money.

please have a look at cag site

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/

Ruddockus

Hi Copier_guy,

Its amazing the amount of information that they do not let you know about!!

I have spoken to Northern Rock (NR) and they still own the debt, although they have dlc (debt recovery agent(dca)) working for them to recover it.

Would I send the cca to NR or DCA?

I have read what the OFT have said and as I believe the debt was statute Barred and DCA have mislead me by saying I could potentially go Bankrupt as a result of not paying.

Any comments?

Thanks for your help again.

copier_guy

i would send the cca request to dlc as they have made contact with you, if they cant produce it with the 12+2 days then they shouldnt be trying to collect it. then maybe send the statuate barred letter to them both.

There are some strict guidelines for sending it though so do some reading on the cag site.

By guidlines i mean dont sign any letters, dca are devious nasty people!!

Ruddockus

Hi Copier_guy,

Cool I will do that.

I understand they have 12 working days to reply, is that from the date of my letter? Do I send it recorded delivery? What are the 2 for after the 12?

Sorry but I have been having sleepless nights about this.

I read on another forum that if you pay some money after 6 years the statue barred 6 year clock does not restart. Bearing in mind DCA has misled me by telling me that they can push for bankruptcy (untrue) this is against the OFT guidelines i believe.

Thanks soooo much for your help.

Feelingfoolish_3

That is correct - once the 6 years have passed and if you then made a payment the clock DOESNT start ticking again (unless a judgment was sought)

Pretty much pointless in going down the CCA route as this debt will be statute barred anyway so you will have a challenge if they took you to bankruptcy WHICH THEY WONT. (No offence Copier guy)
Like I said in my other post, write to them and say you are claiming that this debt is statute barred under The Limitations Act 1980 and if they continue to pursue you then you will report them to the OFT.

DLC are notorious for this

copier_guy

none taken ff,

were both trying to help the op