Payplan DMP - natwest now taking me to court - arggghhh

blimeycharlie

Interesting. But what would that achieve in the long run? Or would it simply delay the process.

gonzo127

i hope i am answering what you are after with this

the main thing they get out of going to court is a CCJ this basically means a judge will go through your SOA and rule that you must pay so much a month, do not be worried as 99% of the time the judge WILL NOT make you pay more than you can afford which is usually exactly the same as paypln will have worked out. the main difference is that if you default on the CCJ the company can then (and only then) apply for the court appointed baliffes (sorry cant spell) to seize some of your assets

RAS

blimeycharlie wrote: »

Interesting. But what would that achieve in the long run? Or would it simply delay the process.

It would mean that Natwest would NEVER be able to take you to court successfully (as long as you defended the case and did not just pass it to Payplan) and would have to accept what you paid through the DMP.

blimeycharlie

Hmmm ok. Well that means it's certainly worthwhile getting a copy and/or rooting through old paperwork.

What would I be looking for RAS?

RAS

gonzo127 wrote: »

i hope i am answering what you are after with this

the main thing they get out of going to court is a CCJ this basically means a judge will go through your SOA and rule that you must pay so much a month, do not be worried as 99% of the time the judge WILL NOT make you pay more than you can afford which is usually exactly the same as paypln will have worked out. the main difference is that if you default on the CCJ the company can then (and only then) apply for the court appointed baliffes (sorry cant spell) to seize some of your assets

Most of the time the case is handled by Northampton, who will set totally unreasonable payments. Whilst you are going for redetermination, they will go for an interim charging order.

bailiffs are very rarely used for consumer credit.

So it is essential that you get any CCJ proceeding transferred to your local court and that you defend the case. Which payplan will ot do, they and CCCS always admit the case.

blimeycharlie

Ok. But should the default notice check out, what grounds would I have for defending the case?

I've read about having the case transferred to a local court and this is definitely something I shall do. It's at what point I need to request this i'm not sure of.

RAS

here is a mock one that niddy posted for another OP

Here you go mate - here is a default notice to explain easier lol.....

blimeycharlie

Thanks RAS.

Is that an incorrect default notice then?

RAS

it is the first page of a default notice.

We try not to educate the DCas as to what is wrong with default notices in public.

If you can locate yours, we can look at it. I know a couple of the basic problems but the expert is 10past6.

blimeycharlie

A fair point indeed. I will endeavour to locate it tonight.

Thanks again.