writing off loans and cards taken out before 07

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2

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  • monkeymolly
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    Hi,

    we have a loan taken out before apil 07. Why are companies saying they are unenforceable and you can claim it back???? we have had a problem with the company and have not actually paid the loan for some time and have sought legal advice in the past but was wondering what reasons these companies are given for claiming these back??

    thanks
  • davepat_2
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    hi i am a first timer i have a loan taken out before apil 07.does any one know what i need to look for on my agreement that tell me it is unenforceable
  • singingrep
    singingrep Posts: 18 Forumite
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    Hi all

    I am feeling a bit of a fool as late as we too got sucked into the together mortgage with no understanding of the housing market and a mortgage brocker not telling me or my wife anything about the potencial pitfalls of this product!

    We bought a house for £89'000 and also took out £15'000 to fix up the house as needed some work at the time and was the cheapist property we could get.

    The brocker told us that the only way northern rock would take us was if we had £25'000 unsecured and the rest mortgaged, as this was our only option at the time and we know nothing about mortgages or the associated products we agreed and went for it on the brockers advice! Since then we have made every payment but the house is now only worth £87'000 and we still owe around £100'000 in total.

    My question is this has anyone challeged norther rock or thier brock about being miss sold or there agreements being uninforcable as if thier is a way we can get out of this situation we will have a go as we have been well and truely led down the garden path.

    I am alot more financialy astute now but I dont want to have to suffer for the next 20 years trying to pay this back and strugle due to being given bad advice and trusting some one on matters we did not have any knollege of

    Any help would be appreciative
  • dunstonh
    dunstonh Posts: 116,376 Forumite
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    I am feeling a bit of a fool as late as we too got sucked into the together mortgage with no understanding of the housing market and a mortgage brocker not telling me or my wife anything about the potencial pitfalls of this product!

    It doesnt take a lot of common sense though does it.
    My question is this has anyone challeged norther rock or thier brock about being miss sold

    From what you say, the broker told you the correct information. You borrowed more than the house was worth on day one so its pretty obvious you would still be in negative equity now.
    I am alot more financialy astute now but I dont want to have to suffer for the next 20 years trying to pay this back and strugle due to being given bad advice and trusting some one on matters we did not have any knollege of

    You knew how much you were buying the house for. You knew how much you were borrowing. Why is that a mis-sale or bad advice. The NR together package was stupid on the part of NR to offer it but it catered for people that didnt have savings and wanted to get a house. From what you say, you didnt have savings and you wanted a house. The product fitted your circumstances.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • singingrep
    singingrep Posts: 18 Forumite
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    why bother using this forum if people like you have nothing better to do that chastis people for thier past mistakes and who ask for support with potential solutions. I am asking as I am close to having to hand the house back as I am under the threat of redundancy and am looking for any solution away from an IVA or bankruptcy as I have two children to support. I was not warned that this could happen as for the past 10 years house prices have risen I am only 30 and was never that interested in house before my wife and I got married.

    Common sense as you put it is easy to say you have if you are knowledgeable about these things I trusted a broker and the advise they gave me. They did not have a problem lending the money and at no point was the potential risks explained
    I understood it for years that I would just need to hand the house back if we got into trouble paying. Maybe that is naive of me but as I said not all of us are professional in these matters we rely of other peoples advice.

    I have always paid what matter the cost before but this may not be an option soon so I am desperate morrals dont come into it when you and your family may end up on the street!
  • dunstonh
    dunstonh Posts: 116,376 Forumite
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    I am asking as I am close to having to hand the house back as I am under the threat of redundancy and am looking for any solution away from an IVA or bankruptcy as I have two children to support.

    That doesnt mean you can attempt to put a fraudulent claim in.
    was not warned that this could happen as for the past 10 years house prices have risen I am only 30 and was never that interested in house before my wife and I got married.

    Sorry i don't believe you. The house price warnings and mortgage payment warnings have existed for a long long time on the documentation. The contract you signed had details like that on it as well.
    I trusted a broker and the advise they gave me. They did not have a problem lending the money and at no point was the potential risks explained

    And nothing you say suggests any issues with the advice given. You went to the mortgage adviser and asked for a mortgage to buy a house and they told you the only way you could do it, that would have come with a illustration that gave the risk warnings of what you were doing and the adviser would have answered any questions you asked. If you didnt ask questions and didnt read the documents issued then that is not the brokers fault.
    I understood it for years that I would just need to hand the house back if we got into trouble paying. Maybe that is naive of me but as I said not all of us are professional in these matters we rely of other peoples advice.

    That is an assumption that you now know is incorrect. However, that isnt something you would normally expect to be discussed in detail when arranging a mortgage. The standard risk warnings are normally sufficient.
    I am desperate morrals dont come into it when you and your family may end up on the street!

    If you feel that way then break into your neighbours house and steal their money. Morals do come into it as theft is theft regardless of the circumstances.

    I sympathise for your situation but saying things like you didnt know house prices could go down as well as up or that you didnt realise you had to repay the money you borrowed just don't wash it. You are just looking for excuses to get someone else to pay your debts.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • _Andy_
    _Andy_ Posts: 11,150 Forumite
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    Oh joy, yet another loan/CC write off thread. Because of course we needed one, I mean it's not like there's hundreds already or anything.
  • herdster
    herdster Posts: 40 Forumite
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    I think this is not like the usual threads as there doesn't seem to be much good info on this subject ( i.e pre 07 loans and credit cards ) .
    I put in a claim with one of the better known or certainly more active companies as a friend of mine is an agent for them. I am still not 100% sure i have done the right thing as i had to pay money upfront about 4 months ago and am still no further down the line. The say it can take up to a year but offer full refund if claim not viable.
    As to the morality issue of it , it is a very fine line as we knew what we were borrowing and how much to pay back, however what about the morality of the banks taking bonuses etc and probably being responsible for most of this financial mess in the first place which has resulted in my business failing not to mention the morality of politicians. So my stance is look after yourself and family and do what you have todo as long as it is legal.

    Herdster
  • Browntoa
    Browntoa Posts: 49,300 Forumite
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    Ex forum ambassador

    Long term forum member
  • socrates
    socrates Posts: 2,889 Forumite
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    If you added together the posts of all the people that ask about this subject initially then the ones who 'pop up' out of nowhere with handy answers and links - you would probably get less than 20 posts between them.

    How convenient! :D
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