a letter in sending to court

Tuscan

can i have some views on this please, its only a draft letter so excuse any mistakes, im including this with the court papers im sending off.

Dear Sir / mad

Ref:


please find the attached details of my income and expedtiture along with details of my debts and creditors.

i would also like to explain to the court what action im taking to repay the debts and that i take them very seriously.

I am now in my 3rd year of a debt management plan under the guidance of the consumer credit counselling service, prior to this i was under great pressure and stress to meet the payments although i only have myself to blame.

I found myself in a situation were i was spiralling into more and more debt just to keep afloat, but despite this i never missed a payment or got into any arrears. I couldn't carry on like this so i contacted the CCCS and after there advice i arranged a debt management plan and contacted all my creditors advising of my situation as i wanted to take action before i fell into arrears and couldn't make payments.

I am now in the 3rd year of the payment plan and have just had my 3rd revue and for the 3rd time ive been able to increase my monthly payment, infact my first payment to Nat West was £152 and it will now be £233 and all my other creditors have had similar increases and Nat West receive over a 3rd of my total monthly payment.

With the exception of Nat West all my other creditors are excepting there monthly payment and have frozen or reduced any interest to allow me to pay the debt off quicker, to date ive paid £16000 into my management plan and £5000 has gone to Nat West.

Nat West are my only creditor who refuse to except a monthly payment and dispite payments of £5000 made to them my balance has’nt reduced and infact has increased, i have written to them asking were the payments have gone and i am awaiting there reply.

I want nothing more than to pay off my debts as fast as possible and without getting into further debt to do so, i understand that i will get a judgement granted against me but i request the chance to continue making monthly payment to Nat West by way of a time order and to have interest and charges frozen to enable me to get the debt paid as quick as possible.

The offer i have made is what i can currently afford to pay whilst still paying my other creditors and also to enable me to support my family including a 16yr old and a new born baby.

MKDon

Ideas anyone?? Thankfully, I've managed to keep away from the courts. Hopefully someone will be along soon who can advise based on experience.

penguin83

What stage is the court case up to? The letter sounds fine but depending on what stage you're at, the court may not necessarily do anything with it if that makes sense?

Has judgment already been entered? x x

Tuscan

at the first stage not gone to court yet, just filled in the blue court forms that the solicitors have sent to me asking for full finacial details and details of there claim etc, these papers go back to the solicitors then are passed on to the court if Nat West decline my offer (which they will). nat west will not except any monthly payment and i have this in writting from there solicitor.

this is why im including the letter so that a judge can see im making every effort to deal with Nat west and my other debts, im hoping they will grant me a fair monthly payment plan, but nat west are after a charge on my property so they will be after a judgement for the full amount in one go forcing me to default on the ccj and then they will get a charge. this is why they will not except a payment plan and every penny i pay them just gets eatern up with interest and charges..

it will go to court in the next week or so..

penguin83

The letter will be fine then - it will be read by either the court officer or the judge depending on who determines it. x x

Tuscan

thanks

i dont supose you no anything about debts that are not covered by the consumer credit act, as the original loan was for 28k and the limit for the act is 25k, although it was still unsercured

penguin83

Not a huge amount although I could find out on Monday at work. Is there anything in particular you wanted to know. x

Tuscan

i cant find anything about it, but looking on fact sheets about stoping interest and setting a payment with a time order seems to point to loans covered by the credit act, my loan isnt coverd by the act as it was over 25k.

so dont no were ill stand with it

penguin83

Withh regards to the interest, I'll have a nose round for you see what info I can find.

If they have indicated they wish to apply for a charging order and it gets to this stage the judge will usually make an instalment order at the same time as making the charging order - this will come later on though and hopefully wont get that far x x

Tuscan

thanks, the loan was for 28k but i now owe 22k dont no if that makes a difference