Update Charging Order.....Advice Please

Useless_with_wonga

Ok after all my previous ramblings it would now appear that RBS via their Solicitors are now going ahead with applying for a CCJ. We can expect the papers at a letterbox near us soon!!!!!!
My question is really what happens now? I know we have to send back the forms within the 14 Days by registered post.Have had a look at the forms online and they seem fairly straight forward.
I get the impression that it is more or less a foregone conclusion that a CCJ will be granted. Interestingly they are only serving one of us papers although its a joint debt?
I am just worried that the amount will be set at above what we are paying now and thus making it unachievable. I have got my head around the thought of having a CCJ and provided the payments are affordable i.e what we pay now i'm not too worried.
I'm guessing that they will demand a forthwith judgement(no chance of paying as they well know) swiftly followed by request for Charging Order hey presto a secured debt as is their intent:mad:
Anyway just need to know once the judgement has been made is that it? or do you have to go back to court periodically to review your finances? I ask because in 9 months time we were due to a slight increase in income which we were planning to use increase our payments to reduce the debt quicker. However if the CCJ is set at our current affordibility and there is no review i'll just pay it at that rate set until its settled they can whistle for the planned increase my reasonableness seems to have disappered with the instigation of legal proceedings:o
Last question our DMP has our amounts owed at about 1K less than RBS are claiming. Do we therefore dispute the amount owed? How much is added to your debt in terms of the creditors legal and court costs?
Sorry for rambling hopefully someone will be able to help.
Have sent off for a CCA also written to RBS and their Solicitors but as far as i'm concerned they don't care how reasonable i'm trying to be they are pressing ahead regardless. Seems shortsighted to me. Feels like i'm banging my head against the wall.
All in all not as scared regarding the CCJ as i would have been prior to finding this forum just a little unsure and worried about what is likely to happen.

rog2

I haven't, yet, seen your previous thread, but don't worry too much about a CCJ - nothing is a 'foregone conclusion.

What is the nature of the 'debt'?

You have requested a copt of the cca - has one een supplied?

If not, then you have a 'defence' - when you receive the 'claim' summons - you must fill in the acknowledgment and, if you dispute the debt, say so.

Certainly, from what you say, I would 'dispute the amount'.

If a CCJ is awarded against you, you can apply to the Court to make payments at a rate that you can afford.

Have you spoken with your DMP manager?

10past6

Hi wonga

If you can, please try and keep to one charging order thread as it makes it easier to follow

The first priority here, has the claimant issued a default & termination letter, if so, do they comply with current legislation?

It depends on those documents being correct, as to which avenue you take once the claim comes through.

Useless_with_wonga

Thanks Rog,
Only sent the CCA off a couple of days ago. Was under the impression RBS were playing ball as it were been accepting DMP payments for over 6 Months then out of the blue the solicitors letter turns up demanding full payment or installments £200 over what we are paying on DMP. Had not CCA'd them previously as did not want to upset the apple cart thought they were onside.
Have spoken to DMP Manager(Very Good) who has attempted to reason with RBS/Solicitors but argument/s not to pursue CCJ fell on deaf ears.
Is it best to attend court in person to put our case forward. Basically we are already paying via DMP have been for over 6 months, only £80 ish off the contractual payments and feel we can increase the amount paid in time.

Useless_with_wonga

10 past 6, Sorry had not realised that i should have done that. i am a bit of a computer divvy i will try harder i promise.
Yep had the Default notice.Termination letter not sure. What does that one look like?

10past6

Be very, very careful here how much you involve your DMP agent.

If you admit the claim, fine they'll suport you, if you dispute the claim, they won't become involved regardless of the issue.

10past6

Useless_with_wonga wrote: »

Yep had the Default notice

Can you scan it up / PM me so I can check it complies with legislation?

As for the termination letter, just standard letter stating your a/c has now been terminated, if you've not received one, the court claim is enough to confirm they've terminated your a/c if they're claiming the whole amount.

Useless_with_wonga

Hi,
Been out so apologies for the delay in responding. Basically we admit the majority of the claim but wish to argue the toss over applied interest/charges. RBS offered to settle in the region of the outstanding balance at default namely 23K. Obviously we could not afford that so the banged interest etc on taking it up to 28.5K this is the amount they are now working on minus about £1K we have paid in through the DMP (The figures are out here as well DMP shows us owing less than RBS are claiming) In relation to thsi if they have already loaded the account with interest then i thought they could not continue to add interest. Basically we paid 2 years contractual clearing approx £2K inc interest. Defaulted then they on the loan which was then bumped up to £28.5K so an additional £5.5K.
In addition there was a £1K overdraft that is now in the region of £1.5K due to added interest and charges about £300 difference in RBS and DMP figures here as well.
On their own admission RBS should have used our DMP payments to clear this account ahead of the loan as loan was attracting no charges/interest whereas overdraft was.
Also want to challenge their legal costs because as far as i'm concerned there is no need for litigation....We are already paying.
Have tried to post up Default letter but can't figure out how to. However it looks ok to me. I'll try and work out how to post it up.
Thanks for taking the time to advise me:T

10past6

To upload > click here > browse > select file > upload > highlight & right click on "for forums & message boards > copy > come back to your thread and paste the link.

RAS

bump this up

10past6

The default notice is defective, as it does not comply with the correct legislation.

It's your decision how you deal with it now, you can either accept the claim but dispute the charges

Or

You can deny the whole claim due to the creditor not complying with legislation when issuing the default notice.

Do not tell them the default notice is defective, wait until they either teminate the agreement, or issue court proceeding for the whole amount, if they claim the whole amount on the court papers, this confirms the agrement is terminated, and no, they cannot re issue a new default notice once the agreemnet is terminated.