n rock, received court papers this morning

missyp123

hi,

we have now received court papers from northern rock, they are claimimg for the full amount of the unsecured loan that we have been unable tp pay.

we have paid £5 each month and have put in writing our difficulty to pay. they have even cashed these cqs after saying they wont take any more payments.

the form says N1, what is this for? ccj, or charging order?

also the court is miles away in tyne and wear, can i get them to hold it near where i live so i can attend?

knew this would come but would like to prove we have tried (even sold my car to live).

frasersmum123

Form N1 is for a CCJ, once they have that they can then apply for a charging order if they decide to go doen that route.

Sorry I cant be any more help, someone will be along soon with more knowledge than me, though it might be a scare tactic??????

frasersmum123

Yes, you should be able to ask the court to switch the venue, the company I used to work for were told to switch from our local court to Luton for a hearing, so it can be done - contact the court where it will be taking place and ask for some advice.

missyp123

i thought it might be for a ccj but its not clear.

they have sent us two seperate claim forms, but how do i fill them in seperatley when all our money goes together and bills are paid jointly?

e.g. i earn £180 per month(im at college too), child tax credits and child benefit, his income is £1400. it looks like they want bills to be split? or do i put my income and benefits on my form and calculate what it would cover (ie shopping) and then the rest on his?

sorry hope this makes sense

missyp123

just called natinal debt line,

they say i can write our budget sheet as joint.

The claim form will firstly be looked at by Northern rocks solicitors who will see if an agreement can be made, but most likey the ccj will be issued. He said if the courts set a payment as long as we dont pay late (not even by a day) then they cannot put a charging order on the house.
if the judge allows a charge to be made straight away (because the payment is not sufficient) then we can try and get a contition of sale put on it e.g. not made to sell untill daughter is 18yrs old.

going to fill them in today and get them copied and sent back first thing monday.

dancingfairy

Just wanted to say Good Luck with it all - sounds like you are getting on top of it now.

missyp123

'sounds' that way so far!!! even though i knew it would happen it still paniked me.
lucky ive got this site to keep me sane.

thanks guys xxx

stapeley

There is a section where you can defend the claim . I believe you can put that you neither admit or denie . You can request a copy of all evidence that the other party will use in court , it is your right . Request

stapeley

There is a section where you can defend the claim . I believe you can put that you neither admit or deny . You can request a copy of all evidence that the other party will use in court , it is your right . Request a true signed copy of the Consumer Credit Agreement . If THEY FAIL TO PROVIDE THIS THE COURT COULD ORDER THE DEBT UNENFORCEABLE . Please get case moved to a local court and do attend . good luck

cornishinfens

It appears to me that the banks, loan companies etc. would prefer it if we WERE alone and that sites like this didn't help... people would fold a lot quicker and they'd get more money in...

Sod sex education at school! they ought to teach financing from primary school!