Unenforceable Loan??

lianhunt

Hi

I hope someone can help. I have an outstanding loan with Northern Rock and an ex-partner. I have made another thread on here when he wasnt paying but now it seems I rang Northern Rock and asked if I could discuss the account with them, I gave them the account number, my name etc, and they then asked for my DOB, I told them and they said "No, thats wrong", a lot of "i'm 27 years old, I think I know my own date of birth"'s later they refused to talk to me as that wasnt the DOB they held on record.

I left it a couple of days and asked my ex to call them too they also told him the same thing, apparantly he doesnt know his either.

I then made a complaint, and they told me this could all be sorted if I provided them with some certified proof of identity. My answer was "I have already provided my proof of identity when the loan was taken out, it is not for me to prove who I am its for you to prove I have the loan, as according to your records another Ms Lian Hunt with a different DOB holds that loan and in a court of law I can prove who I am etc etc" very much on my high horse.

They since responded to my complaint saying I was wrong and that I should be willing to send them my information because theirs is wrong. I told them I would stop paying until they sorted this and I have. What I want to know is, if i force this to court will the loan be unenforceable as they hold wrong information?

Thanks for reading

ILW

No it will not and if you stop paying they will pass your debt to a collection agency and your credit file will be destroyed.

chalkie99

lianhunt wrote: »

I told them I would stop paying until they sorted this and I have.

What is your excuse for paying it up until then if it wasn't your loan?

Can you prove you never received the loan?

Don't bother taking them to court because, if you have already stopped paying, they will probably beat you to it.

talana

lianhunt wrote: »

I told them I would stop paying until they sorted this and I have. What I want to know is, if i force this to court will the loan be unenforceable as they hold wrong information?

Bad, bad move. Stop paying and all it will achieve is to royally screw your credit file. Loan will not be unenforceable and they will chase you for it by any means necessary.

fozmcfc

Who's to say that a wrong date of birth wasn't given to them in the first place.

Oh yes and people like you trying to squirm their way out of agreements, make me sick.

neas

fozmcfc wrote: »

Who's to say that a wrong date of birth wasn't given to them in the first place.

Oh yes and people like you trying to squirm their way out of agreements, make me sick.

quoted for truth.

lianhunt

Oh yes and people like you trying to squirm their way out of agreements, make me sick.[/QUOTE]

How dare you, you have no idea about what happened, I had a 23k loan and because an ex partner refused to pay it is now 32k. I am tied for the next 20 years because when we split up the house prices were dropping faster than jordans pants. We had a ridiculous 125% mortgage that was handed to us on a plate, and yes I know we took it but I was 21 and thought I knew everything.

Northern Rock have only recently started saying that I have my DOB wrong, until about 4 months ago they would discuss the account with me or my ex.

So they wont discuss my account with me, but they will still take a payment over the phone on the account, surely thats a contradiction?

I am not trying to wiggle out of it, they are wrong! I have been paying this for 7 years and it is only going up! I am tired of it, my ex, everything. I have nothing, my credit is shot to pieces, i cant afford to buy anywhere and you know what people like you coming in here trying to make people feel like crap when they have come to ask for HELP, make ME sick.

Gordon_Hose

You've been paying it up until now, a wrong DoB won't make in unenforceable.

lianhunt

well it was worth asking the question, thanks to everyones useful responses

chalkie99

lianhunt wrote: »

So they wont discuss my account with me, but they will still take a payment over the phone on the account, surely thats a contradiction?

Look, they are not going to discuss the account with you unless they are satisfied they are talking to the right person. If they found they were talking to someone else they would be in breach of Data Protection laws and you would complain about that.

Yes, they can take a payment from you - why not?

You could pay money into my account or anyone elses but it is not the same as trying to discuss the in's and out's of the account.

drew2k9

as has been previously said, you wont get out of it. you need to send them your proof of identity and then they may be able to help you sort it out since you are putting the blame on your ex partner, if he is to blame then they could (but may not want to now) try to help you sort it out.

as they say, don't bite the hand that feeds you...