Natwest CCJ and TDM (Natwests heavies)

jimbobalula

Hello,Around 12 years ago I recieved a CCJ from the Natwest for a debt made up of £3500 OD and £5000 charges.I made an arrangement at the time (the CCJ) to pay a set amount per month...For years now TDM have been chasing me to increase my payments,which as I have thankfully become slightly more solvent I have done on a couple of occasions.

Today I recieved a letter from TDM saying that my payment period has come to an end and I MUST increase payments substantially or face action.... My question is this..Can a CCJ run out? I thought that seeing as I was paying over the CCJ amount and never missing a payment I would be ok until the debt had been cleared?

Any help or advice much appreciated :-)

king100

CCJs cannot run out, but if they havent had payment in 6 years they need to reapply to the court and explain why they havent action the CCJ within 6 years.

Did the court set a payment amount to pay?

If you are paying more than the CCJ states the DCA can go F*** OFF, they need to reapply to the court and it is only the court that increase payment. The DCA cannot increase payment.ONLY court can increase payment.

Sparklyfairy

What King says is spot on. Only a court can have the ccj installments increased. Natwest heavies can apply for a redetermination (as you can) for an increase (or decrease) through the courts, but no - they cannot just tell you that this perios will "end." If you like, write to them & tell them you'll report em to the OFT & FOS!

Hanky_Panky

Take a breath everyone and look at the facts before making such alarmist statements.

We have no eveidence that the court has ordered the payment and even if they had how do we know that it is not in the OP's best interests to increase the payments he/she is making - particularly bearing in mind that the op states their circumstances are improving.

Too often we see advice being given out which is more about how a particular poster feels about one dca or even dca's in general rather than looking at the bigger picture and most importantly of all how it will affect the op in question. Talking about reporting to the oft and fos is plain inflammatory at this stage.

So - OP, if you are paying statutory interest on the judgement than it may well be in your own best interest to increase payments as in the long run you will pay back far less. Were your original payments ordered by the court or did you just agree to them with the lender/dca at the time ?

In addition it may also be possible for the lender/dca to go back to court if they feel you are not paying enough now and a) get an order for higher payemnts or b) worse, obtain a forthwith judgement and go for a charging order. In my opinion either option is very bad for you as you will incur further charges - much, much better to negotiate with them even if they are being a bit silly.

king100

Hanky_Panky wrote: »

Take a breath everyone and look at the facts before making such alarmist statements.

Yup still breathing

We have no eveidence that the court has ordered the payment and even if they had how do we know that it is not in the OP's best interests to increase the payments he/she is making - particularly bearing in mind that the op states their circumstances are improving.

Indeed we dont hence why we asked the question.

Too often we see advice being given out which is more about how a particular poster feels about one dca or even dca's in general rather than looking at the bigger picture and most importantly of all how it will affect the op in question. Talking about reporting to the oft and fos is plain inflammatory at this stage.

So - OP, if you are paying statutory interest on the judgement than it may well be in your own best interest to increase payments as in the long run you will pay back far less. Were your original payments ordered by the court or did you just agree to them with the lender/dca at the time ?

Its contractural interest that would have been applied to the CCJ.

In addition it may also be possible for the lender/dca to go back to court if they feel you are not paying enough now and a) get an order for higher payemnts or b) worse, obtain a forthwith judgement and go for a charging order. In my opinion either option is very bad for you as you will incur further charges - much, much better to negotiate with them even if they are being a bit silly.

Congrats on the post, cough couch.

We know from experience that DCAs call and call and call wanting people to increase payments on their accounts.

1. You will get notice on a new court date.

2. You will get notice of action before a charging order.

Personally let them continue with their threats unless something from court comes in the post, just ignore.

On the other hand OP, you said that there is £5k of charges, are these made up of what sort of charges.

If so I would be tempted to take them to court over this.

Sparklyfairy

Hanky - please stop giving out advice that isn't correct.

OP - ONLY a court can MAKE you pay more as per the income & expenditure they would send you - NOT A DCA...

jimbobalula

Thanks everyone. Yes it was agreed with the court the amount that should be paid ...A nominal amount because at the time I was in SERIOUS difficulty ..I've been paying 5x the CCJ amount in the last 5 years and have NEVER missed a payment.i am not paying interest on the amount owed either and the £5000 charges were interest and default sums when I ran away to Abbey National as advised by CAB .

I can't really afford to pay more at this time as I'm just hanging on as it is and relying on overtime to stay on top of things.

king100

SAR them send £10 get the info of the charges and take them to small claims court might knock off a few £100 in fees.

jimbobalula

king100 wrote: »

SAR them send £10 get the info of the charges and take them to small claims court might knock off a few £100 in fees.

Errrm..SAR? ..And the charges were with the Natwest,I have no record of the bank account as it was so long ago.I guess they must have details somewhere though?

timbstoke

SAR = Subject Access Request. Basically, if its their fees that got you in debt, the court may have told them to remove some of them before granting judgment. Bit late for that now though.

However, if the court told you to pay £x, and you're voluntarily paying significantly more than that, I have to admit I'd be very tempted to tell them that, just for being cheeky !!!!!!s, I'm dropping my payments back to the court ordered amount and they can stick it. Not saying that's what you should do, but certainly don't let yourself be bullied by them, since without going back to court (which they're unlikely to do as long as they're getting paid) they can't force you to pay more than the court ordered you to.

Hell, it couldn't hurt to turn it back on them - "you want me to pay more than the court requires me to, so how much are you prepared to knock off the amount owing to get that?"

Sparklyfairy

Also if you ever came into some money you could always offer them a cheeky low full & final offer to settle the debt at any time...