Northern Rock problems on DMP

SWS_2

Hi There, I am new on but am so fed with Northern Rock and need some advice please. I am on a DMP with CCCS, the start was harrowing mainly because of Northern Rock, hassling me at home and at work, that eventually stopped with the first payment but they stressed they would only accept it for 12 months. The 12 months are now up and I requested my review early as we had just had a pay increase, on receipt of the revised budget plan, Northern Rock have started hassling again despite getting a slight increase in payments saying that they will no longer accept the DMP. They are passing the file to the "legal dept" and last night advised me that they will look to put a charging order on the property. For starters they haven't even issued a Default Notice, let alone a CCJ, and from what I can gather they have to go to CCJ before they can do a charging order, I then have to break the CCJ - is this correct? When speaking with them they said that we didn't have to go through the Court process for a charging order to be put on, I think they are trying to get a voluntary charging order on the property as they know that a judge would see that we are on a DMP have kept to it and increased payments and would tell them to go away, so they want to bypass the Court and get us to agree to a voluntary order - sneaky - what do you think and have you had any problems with Northern Rock?

JM01

GET TO THE CITIZEN'S ADVICE BUREAU, THEY WILL HELP YOU WITH THIS AND IT'S ALL FREE ADVICE. THEY HAVE DEBT ADVISORS ESPECIALLY TRAINED TO HELP PEOPLE WITH THESE TYPES OF PROBLEMS. GOOD LUCK:hello:

Leixlip1

Northern Rock are not the most sympathetic lender around! I had a similar problem with AMEX - they, via their solicitors, insisted they would get a Charging Order but in the end only obtained a CCJ based on what I had offered, and had already been paying them. I haven't heard from them since and have not defaulted on the CCJ so there is little they can do ref the Charging Order unless I do default.
I cannot see how Northern Rock can not go to court to get a Charging Order - they are trying to get you to agree to a voluntary one so I would, politely, tell them where to go.

CCCS_Matthew

Hi there,

Northern Rock cannot simply put a charge on the property without going through the county court first. You would certainly have to have been issued a default notice before they can consider taking the debt through the courts.

In most cases you would have to default on a CCJ payment before they can apply for a charge on the property, but in some cases the creditor can apply to the courts for the amount forthwith. This basically means they are asking for the court to allow them to legally ask for the outstanding balance in full. Obviously you wouldn't be able to pay the full amount so it would mean NR could then apply for a charge on the property. This always has to be accepted by a judge first and you can always request a hearing to defend the charge.

NR could indeed ask for a voluntary charge on the property, but obviously it would be up to you whether you would agree to it. If you want to discuss this further you can always give us a call, or feel free to ask me any further questions

Hope this helps
CCCS

SWS_2

Thanks for that, I think they are trying it on. In what circumstances can they go straight to the Court for the amount forthwith?

CCCS_Matthew

Getting you to pay the amount forthwith is very rare. Basically you would still be sent the CCJ papers to make an offer, and if the judge was to throw out your offer and suggest it's unacceptable then he/she may say that instead you would have to pay the full amount within 14 days. Clearly you wouldn't be able to pay for it thus meaning you would default.

It's extremely unlikely to happen due to the fact that NR have quite happily accepted your monthly payments so far, and secondly because it's just not normal practice for most creditors.

With that aside, if you ever did recieve any official paperwork in regards to a charge on the property, the best thing would be to call us as we could discuss it in more detail.

Hope this helps
CCCS

melanie45

I have just had the same problem with Northern Rock saying they will put a charging order on the property. They were very aggressive on the phone !! I have just received a court summons from them for a CCJ and I dont know what to do now

SWS_2

Melanie, just read your post, looks like there will be one in the post for us soon. Don't worry, if you are on a DMP I doubt that they will be able to increase any payment by much and once on a CCJ if you keep your payments there doesn't appear to be much they can do. Seeing as I better get prepared, we both have loan accounts with NRock, do you think we will get a CCJ each? I am not quite sure how to fill in the form, do Northern Rock send you the form you need to complete setting out your income and outgoings or do you have to apply to the Court? I have been told by CCCS I should contact them and they will help complete the form and support it but with the postal strikes coming up again, I do not want any delay in posting back the forms, will CCCS act straight away?

furrypaws_2

Hi Everyone!

I got a letter from NR yesterday too! It says they "don't accept my offer of payment" (I'd just returned the 6 monthly review via payplan, which hasn't changed) and want to "secure the debt". Luckily I'm quite switched on now so didn't panic too much! I've only been in my DMP since January/February, so they are a bit quick off the mark with this action.

I guess they must have a strict policy they stick to, hence all the similar messages on here about them. It's a real comfort to know I'm not alone though. I don't deal with anyone on the phone if I can help it - scared of getting someone nasty on the other end, so I do everything by post.:o

katchambers

I'm also having this problem with Northern Rock. We have 2 loans with northern rock, one is at the same rate as our mortgage a together mortgage, the other is just in my husbands name. His one has been accepted, the one we jointly share we hadn't heard from at all, so I rang them yesterday and said 'what's going on?' They said they sent a letter to CCCS saying they had rejected the offer and that they will take legal action/CCJ once we have missed 3 payments and then they will put the loan on the house!

Guess I will speak to CCCS and see what they think, but guess there isn't a lot I can do. Good to know others are in the same boat.

kat x