Wits End

jaja_3

Hi there. I hope I have this in the right place, sorry if not - in a bit of a panic.

I used this board some years ago when in deep trouble, took advice and my lovely CAB lady sorted everything out for us we then merrily struggled each month to keep up payments to various creditors, but did.

A couple of months back despite making regular payments by DD as arranged 3 years back the RBS bank decide they want the entire loan back there and then. We duly sent the I&E form and explained we could not do that, but will carry on with the payments as arranged as they could see there was no extra finance available to make an increase in payment and certainly not 11k in the back pocket to pay it all off. They conveniently did not recieve this and threatened us with court action. So we sent them off again by RC.

Court papers arrived which we completed along with another I&E. Two days later we receive a letter to say papers will be filed on the 9th November 2008 (a Sunday) so we have been awaiting a date in readiness to attend court and defend the case.

Today we have received a CCJ from the courts, after the hearing on 11th November?? instructing us to pay over £700 per month.

We currently dont have £7 per month spare (as shown on the I&E) so fail to understand firstly how a judge came to instruct this, and secondly why we were not given a court date.

OH plans to phone the courts first thing. But until then can anyone help? undertandably we are panic stricken here.

Things seem to go from bad to worse, my job is likely to finish tomorrow as my company are about to go into administration. (irrelevant I know, but just to highlight the desperation here)

Look forward to hearing any help and advice anyone may have to offer.

thank you

bank_of_slate

Hi Jaja,
Try asking one of the CCCS chaps (STICKY AT THE TOP OF THE DEBT FREE WANNABEE FORUM)
They are being totally unreasonable!
Have you got copies of all the above correspondence that you sent?
...Linda xx

jude47

Hi Jaja and welcome.

First ting you need to do is apply to have the Judgment varied. You need to get form N245 from your County Court. You also need legal advice as I'd recommend you get the case heard at your local Court. Contact Community Legal Advice on 0845 345 4345 - check out their website:

http://www.communitylegaladvice.org.uk/index.jsp

I really hope this helps. I don't often get the chance to post, but do let us know how you get on, I'm sure lots of others will be here to help out too, so keep your chin up.

Jude

RAS

Jaja

This has obviously gone to Northampton where they just bulk process the request for the CCJ. Do not even look at the paperwork.

You need to sort out the form jude refers to - NDL can help you complete it if you are not eleigible for CLA help - and request the case is transferred to your local court. Then you need to attend the court on the day.

This is important as if you do not meet the conditions of the CCJ and you have a house, then next step will be an attempt to put a charging order on the house.

if you do as suggested, you may well end up paying what you have been paying all along, with the help that the deal is fixed for you and for the creditor - they cannot try and increase it - and that charges and interest are halted.

jaja_3

Thank you so much. You have no idea (or perhaps you do) the state we are in.

Off to read the sticky - are we right to contact Northumberland court first then? and apply for the form. Not elligable for CLA no.

We took copies of all the paperwork yes, and have all that.

Still a bit shaky here, but now feeling there just may be a wee bit of hope. We just could not understand how a judge could pass that.

You are very kind people for taking the time out to help.

Thank you x