Northern rock loan over £25,000

Lippyx

And as I said HP... I am paying off the debt every month, and in the meantime, whilst I am doing that, I am looking into how a company was able to lend large sums of cash to people, and get away with not following THEIR own contract... This is ME standing up for MYSELF!

Lippyx

Think this is going off topic now!

Hanky_Panky

Lippyx wrote: »

And as I said HP... I am paying off the debt every month, and in the meantime, whilst I am doing that, I am looking into how a company was able to lend large sums of cash to people, and get away with not following THEIR own contract... This is ME standing up for MYSELF!

Well done for paying it back.

I repeat though - what material difference does it make to you ? You borrowed the money - you are paying it back, all good.

In the meantime direct you anger where it is deserved - your ex. Why can't you take him to court ?

Lippyx

Hanky_Panky wrote: »

Well done for paying it back.

I repeat though - what material difference does it make to you ? You borrowed the money - you are paying it back, all good.

In the meantime direct you anger where it is deserved - your ex. Why can't you take him to court ?

Tried to take him to court... The solicitor I had c*cked it all up and the case got thrown out! NRAM cannot force him to pay as he is self employed.

I understand what you're saying about I should pay it back, yes I should, and am. If the loan was proven "mis-sold" I don't even want any money back, I just want the balance written off. I have already paid back near on 10k of the debt, and like I say, the money went on buying the house, yet the ex is living in it, without a care in the world.

Hanky_Panky

Lippyx wrote: »

Tried to take him to court... The solicitor I had c*cked it all up and the case got thrown out! NRAM cannot force him to pay as he is self employed.

This is tragic and an absolute disgrace. Have you any right of appeal ? Law society possibly ?

Is he paying the main mortgage ? Is that also in arrears ?

Different tack perhaps - can you force the sale of the house ? Possibly (probably) in negative equity but at least you could 'crystalize' the debt so it can't go any higher.

Lippyx

Hanky_Panky wrote: »

This is tragic and an absolute disgrace. Have you any right of appeal ? Law society possibly ?

Is he paying the main mortgage ? Is that also in arrears ?

Different tack perhaps - can you force the sale of the house ? Possibly (probably) in negative equity but at least you could 'crystalize' the debt so it can't go any higher.

I have a new solicitor looking into "sueing" the old one, because I can no longer take my ex to court, because the claim was thrown out. Old solicitor is being a total pain in the ar*e, but that's a different story!!


He re-mortgaged when we split, so that is no longer with NRAM. I would assume he is paying that fine. He has money, he works in the building trade, and I see plenty of advertising boards of his, outside rather posh/expensive houses/areas, so he is making money. Plus he recently got married abroad, and done more work on the house (extension/conservatory etc) and on top of all this, just bought himself a new family car... a PORSCHE 4x4... he HAS money!!! I just have no idea why he has decided NOT to pay this debt?? I have tried to speak to him, but he just fobs me off, and tells me he is too busy to talk. Its the most frustrating thing ever!! I just want to know WHY he decided to screw me over, I've done nothing!!?


I didn't think you could make someone sell their house? He has a family now, but also NRAM have a charge on the house, so he is not likely to sell it unless he had no choice at all!!!


I know he is conning the inland revenue, and lying about his annual earnings... he forgets I lived with him for 6 years, I know how he works!!!!

Hanky_Panky

mmm...
How did he manage to re-mortgage without clearing the additional NR charge ? Or was this the unsecured element of a Together mortgage ? If so makes life a bit more difficult for you as presumably you gave up your interest in the property when he re-mortgaged.

Definitely seems like a major !!!! up at your old solicitor, hopefully you made him perfectly aware that both parts of the loan should be settled and you have proof of that. This is an odd one for me - I've advised many people in very similar situations as this (I've been there myself!) but it's normally the person left at the property having the problems - you are unusual .

Your main problem here as I'm sure you know is your joint and several liability. Basically you are both equally responsible for the entire debt. Has your current solicitor advised you on ways to put a charge on his house ? You can at the very least put a caution on the deeds to prevent him from selling. You can of course then refuse to lift the caution until he pays you back. It's sneaky but it works. Can you sue him through the small claims court ? Or was that what you tried before ?

Lippyx

Hanky_Panky wrote: »

mmm...
How did he manage to re-mortgage without clearing the additional NR charge ? Or was this the unsecured element of a Together mortgage ? If so makes life a bit more difficult for you as presumably you gave up your interest in the property when he re-mortgaged.

Definitely seems like a major !!!! up at your old solicitor, hopefully you made him perfectly aware that both parts of the loan should be settled and you have proof of that. This is an odd one for me - I've advised many people in very similar situations as this (I've been there myself!) but it's normally the person left at the property having the problems - you are unusual .

Your main problem here as I'm sure you know is your joint and several liability. Basically you are both equally responsible for the entire debt. Has your current solicitor advised you on ways to put a charge on his house ? You can at the very least put a caution on the deeds to prevent him from selling. You can of course then refuse to lift the caution until he pays you back. It's sneaky but it works. Can you sue him through the small claims court ? Or was that what you tried before ?

See... I said it was complex!! NRAM have threatened to repo the house, because of the arrears on the unsecured loan, and I've told them to do it, as it will solve all my problems!!!


He re-mortgaged BEFORE all this flared up. Basically, we got the Together mortgage in 2004, we re-mortgaged again in 2005/2006, and there was money left over, and it was this money that was meant to pay off the unsecured debt with NRAM... but he put it in the joint account (which I never looked after, I just put my part towards the bills into it) and looking at previous statements, when this all flared up, turns out he was taking the money him self, as it shows cash withdrawals and electronic transfers to his account, and we're not talking £20, one was for £9000!!


Anyway, we then split in 2006, when he re-mortgaged himself, and gave me "half" the equity, and I left. It wasn't until 2009 that I got the call from NRAM about the arrears... turns out he'd been paying the monthly instalments himself all this time, and then decided to stop!


I have given NRAM proof of all his assets... cars, caravans, even a power boat, but they are just not interested!!


I tried to get a CCJ on him, and at one point succeeded, but then the court needed something doing, which the solicitor failed to follow, and the case was dropped. Now I cannot re-sue him, because the courts say the case is closed!!
I don't think I can put a charge on his house, as NRAM already have one on it, and how do I prove he owes ME the money... like you say, joint and several.


It wouldn't bother me so much if he was paying towards the debt, but he knows he can get away with not paying, and NRAM cannot do a thing, as he is self employed. They cannot put an attachment of earnings on him like they have with me!!!


It is a total mess, and I hope now you can see why I am clutching at straws to get the little s*it out of my life for good!!!

Hanky_Panky

So have you gone through a formal transfer of equity process ? Is it just his name on the mortgage now ? Is it still an NRAM mortgage - if not they can't repo the house as they will have no charge.

You can still put a caution on it though to prevent him from selling. At the very least I would guess you could claim half the amount you have paid (keep the statements) at that point. Not going to help you in the short term though.

Unfortunately from a lenders perspective they don't care who they get the money from, as long as they get it and they will also go for the easiest/softest option.

Can you raise a lump sum at all ? You may have a CCJ which you are paying but they may (small chance) accept a reduced payment if it's paid all at once.

What does your solicitor say - your case is not clear cut but I would be expecting some sort of advice/action against both your old solicitor and your ex.

Lippyx

Hanky_Panky wrote: »

So have you gone through a formal transfer of equity process ? Is it just his name on the mortgage now ? Is it still an NRAM mortgage - if not they can't repo the house as they will have no charge.

You can still put a caution on it though to prevent him from selling. At the very least I would guess you could claim half the amount you have paid (keep the statements) at that point. Not going to help you in the short term though.

Unfortunately from a lenders perspective they don't care who they get the money from, as long as they get it and they will also go for the easiest/softest option.

Can you raise a lump sum at all ? You may have a CCJ which you are paying but they may (small chance) accept a reduced payment if it's paid all at once.

What does your solicitor say - your case is not clear cut but I would be expecting some sort of advice/action against both your old solicitor and your ex.

Its a total mess!!


mortgage is not with NRAM, but unsecured loan is. They have a charge on his house for the unsecured loan, but obviously, unless he sells it, the charge is useless!! If he did sell it, I don't want to stop him, as it means the debt would be paid off because of the charge NRAM have on it.


Lenders don't give a stuff. I have tried everything, talking to them, explain the situation, even offered them a lump sum... you know what they said.... they would be better off keeping me on the debt, as they are more likely to get all the money back, than if I gave them partial payment, and left them to chase him for the rest!!


I cannot stop paying the instalments, as it was settled in court that I pay this, so if I stop, I am in trouble (hence why I am trying to find out about this CCA regulation!!)


My credit rating is 0 because of the arrears.... all he has to pay is £24.50 a month to keep NRAM happy, and our credit rating happy, and he cannot even be bothered to pay that... whilst I am left with paying £200 a month!!


Solicitor has said because of the last case being thrown out, I can no longer try to sue the ex. Plus, without proof, the case could go either way, even with the bank statements, the ex could say I agreed to him taking the money!!


The whole "mis-sold" thing really is my last hope... I have even tried speaking with my local MP who was totally useless!!


I want to buy my own place, but have no chance with this hanging over my head!! It will be 10 years before the debt is paid off, and that's not including the arrears on top of the balance!!!!


It is very draining........