CCJ Help?

hitback

going to ring CCCS about this one, but just thought I'd see if anyone has any advice?
We had an overdraft with Nat West wich at the time we were kicked out of the bank was just below £5k. We included the overdraft on our DMP and have made over £875.00 in payments against the original debt. Nat West sent us a letter in May 2007 to confirm they would accept the payment offer for 6 months (which takes us up to Nov 2007) Just before Christmas their solicitors rang us threatening a charging order against our house if we did not pay up the full amount of £5,224!!!! Then we received blue court forms which we completed following advice from CCCS and returned. On Saturday we received a CCJ accepting our offer of payment (we had increased our DMP on 1st Dec)
Questions:
1. I have written to NW (special delivery) 21st Dec asking where the payments have gone which were made through the DMP, and have not yet received a reply, what should I do?
2. As the debt would've been well below £5k in Nov, can we get a CCJ overturned???
Sorry if a bit rambled but all seems a bit unfair and very hasty on the part of the bank!!!

hooby_groovy

It sounds like Nat West didn't freeze the interest (they aren't obliged to with a DMP)

If you could have contested it you really should have done so when they took you to County Court, as CCCS didn't advise this I'd guess that its because it is the interested charge, so I don't think you can go back retrospectively.

I'd keep persisting to ask for a statement of your account for the period (which they have to supply to you by law), and threaten them with the ombudsman.

It is very harsh, but unfortunately just one of the dangers of a DMP. The positive is that the CCJ will only be on your credit file for 6 years (I know 'only' is subjective), but your credit score will be low anyway so it shouldn't make a difference.

hitback

Thanks for this, am so confused as had been told at one point that overdrafts were not subject to interest / charges etc, but guess thats wrong. I intend to chase letter today!!
Thanks again.

hooby_groovy

I'm afraid overdrafts incur both interest and set-up/monthly administration fees (depending on the terms agreed at the start)

Its a pretty drastic step that Nat West have done, but make sure you keep chasing that letter and find out exactly what they have been charging

hitback

Will keep chasing! Roll on the bank charges reclaim test case that's all I can say! We have a claim pending for over £2.5k in bank charges, will be interesting to see how this affects things! If successful they can offset this against the amount owed!!!!