Court papers for a CCJ

Legacy_user

I have been with CCCS for 2 years now and all the companies which i have debt with have been accepting my payments.

Today i had court papers sent to me from Northampton County Court advising me that Natwest had filed to have a CCJ made against me.

Natwest have never once sent me anything in the last two years to say that they didnt accept my payment arrangement and they refused to speak to me on the phone last year when i tried to call them about it a few times, i even wrote to them which they never responded too.

I have sent the forms back accepting the debt which has increased to more than i actually borrowed. What happens now, do i need to supply current bank statements? I have some money in savings that i was going to use when i sell my house, its on the market for less than i borrowed so i have managed to save a little bit to put towards this when it sells because i will owe northern rock thousands, can they take this from me?

thanks for the help.

thefoolonthehill

i think you need to get the court case sent to your local court. I have read lots on here about Northampton bulk centre setting un realistic repayment plans.

Can you write to them and offer them a F&F with the savings that you have?

System

I really need to keep hold of my savings otherwise i'll be in even more trouble when the house eventually sells.

I had read that Northampton is a bulk centre and that they make high repayments, i have offered to pay them what i currently am at the moment so suppose i will just have to wait and see. if the payments are too high i can ask for them to be lowered cant i?

GeorgeUK

As foolonthehillsays, you should request that the case be transferred to your local court.

Did Natwest issue a default against this debt? It should be on your credit file if you are not sure.

System

i will have to check my credit file, i have not had any phone calls or letters from Natwest in the last 2 years, this has come totally out of the blue. Irwin Mitchell refused to give me any information on the phone the other day, they just said that i had to return the judgment papers to them.

Every other company that i owe money to have been really understanding and agreed my payments, if Natwest had been in touch with me to advise that they didnt want to accept the payment i could have done something about it.

does a CCJ ruin my credit for a long time? I really should do some research as i dont have much knowledge of it.

GeorgeUK

A CCJ will stay on your credit file for at least 6 years - possibly longer if the debt takes longer to pay off.

If they have not issued a default, then they should not be able to take you to court. Do you know if a default was issued?

I don't really know much about CCJ's and court process so hopefully someone else will be along soon.

Meanwhile it might be worth doing a post on the consumeractiongroup forum to see if they can also advise.
http://www.consumeractiongroup.co.uk/forum/legal-issues/

SouthCoast

From CAB:

What happens if you are taken to court for money you owe


http://www.adviceguide.org.uk/index/d_what_happens_if_you_are_taken_to_court_for_money_you_owe.pdf

fatbelly

Hi Wonderwoman

Take this one step at a time. You've responded to the court form admitting the debt and offering to pay in instalments. I hope you sent it to the claimant's solicitor.

At the moment there is nothing to transfer to a local court so don't do anything with that piece of advice yet.

The claimant will respond to the court accepting or declining the offer and you will get a judgement from Northampton Court. Please let us know what it says. You may then have to act quickly (14 days) if it does not go your way.

I've subscribed to this thread so I can pick up any post you make in it.

Hope you sell your house soon.

System

thanks for replying. can you tell im a little bit worried by it all?!?! haha. i was hoping to sell the house and rent some where pretty but with a ccj hanging over me i very much doubt anyone will want me to rent their house!

I'm very annoyed that Natwest have never contacted me to decline the payment!

I will keep you updated once i hear back.

nikkim_3

hi i usedc to work for irwin mitchell, they will have been give instructions by natwest to apply for ccj, they dnt have to write to you or say they are no longer happy with ur payments if there has been a default by the customer. you can fill in the claims forms (be aware u only get 14 days to get the papers back to irwin mitchell - if u want to enter a defence you can but if ur admitting you owe the money then there is little point/0. if u can reach a settlement agreement they usually settled for around 70% of the debt, if u cant do this then a ccj by installments can be requested if u fill in the admission form and list ur incomce and expenses. please be aware as you are a homeowner natwest may want to apply for a charging order to secure the debt against ur property, they used to have to wait until somebody defaulted on a ccj order but they are currently making applications to court even if ppl have not defaulted as banks are seeking to legally secure any debt they can! even if u get a ccj u have 28 days after judgement is entered to pay a settlement and prevent the ccj being registered on ur credit file.

i know this must all seem very scary but alot of ppl are in the same situation, the courts are usually quite in favour of the individual - if the court enters judgement for payment monthly but u cant afford the payments u can pay £35 to apply for an application to vary the order and request the court reconsider the installment amounts.

hope this info helps, unfortunately cccs are only a debt management company so cant stop the legal proceedings but they can give u some advice. good luck

System

I have heard back today about the CCJ that Natwest had applied for against me and im gob smacked.

Northampton court have decided that i have to pay £857 a month!! i dont even earn this much monthlya month!

I have 16 days to object but it doesnt tell me how on the letter! do i apply to the court in Northampton or where i live? over the phone or letter? it says i need a form but doesnt tell me what or how to get it! the letter has very little information on it.

Im worried sick as there is no way on earth i can pay this a month, i did send them my CCCS budget which it appears they have ignored. I am a single parent and i earn £803 a month.

Help me!