Natwest court verdict just arrived

Tuscan

well as you may have seen on past threads natwest were talking me to court for £27000, ive been paying them £200+ a month on a dmp for nearly 3yrs, they have continued to charge interest and penaltys and amounting to £5000:mad:

they then decided they wouldnt except any monthly figure and wanted full payment or they would sue me for a charging order.
true to there word they took me to court and i offered £233 a month.

good news i think, the court didnt grant a charge but did grant a monthly payment of £279 untill the £27000 is settled and this includes interest upto the judgment date but no mention of any interest after?

not sure if i should go back to court to try to get the payment reduced to £233, as im wondering if natwast could appeal and still get the charge granted

any views welcomed

cheers
Tuscan

immoral_angeluk

They can appeal but I would think they wouldn't get very far as long as you keep to the repayments.

dubsey

Did you have to give some sort of I & E to the court for them to come to the figure of £279? Can you afford to pay £279 or is it more a question of principal. It might be worth paying the £279 to stop a charging order being placed, but I think you should also find out if the court order means that interest has been stopped so you have an idea of how long this will take to pay.

Tuscan

i did send a SOA in with my court papers, i have no idea how they came up with £279.18, all i can think of is on my cccs SOA they allow a small amount of money for newspapers etc and birthday Cristmas etc so maybe they knocked that off.

ive spoken to CCCS and they advised me to go for a re-determinaton hearing to reduce the amount back to the originl offer, as if my other creditors see that getting a ccj made me pay more then they may go down the same road.

theres is some small print on the court order saying that debts over 5k may be charged further interest, so i think this is down to Natwest although i thought the court had a say in it, the cccs person i spoke to seemed a bit unsure of the questions i was asking. can i phone the court to find out about the interest..

i wonder if Natwest will appeal againt the order as the were very keen to get a charge and were aderment they wouldnt excep a monthly payment under about £500 lol

chimp_choker

I was in a similar situation with the Natsionwide BS. I owed them £7028 and they said they wouldn't accept the £36.18 my wife and I were paying each month. We kept up the payments religiously even forgoing food to make the payments.... it was a dark period that time but it went to the courts and they wanted £197.00 a month and security of a charging order plus 8% interest. I accepted I owed the money so the CCJ was granted at Northampton bulk processing centre for the above but I asked for it to be re determined at my local County court so I could have my say. The date duly arrived.... Friday the 13th of April 2007 and we trudged off to court. The solicitor for the nastionwide asked if we had been here before and we said no. He said ok let me tell you how it all works. We go in to see the judge and I will tell him that we will have a charging order on the house and then you don't have to pay another penny until you sell the house. If you don't sell the house it just sits there......

We went in and he said this above and then I said excuse me sir we don't want a charging order on the house and wish for an installment order if it pleases you sir. The judge asked if we had kept up to date with the payments and we said yes and told him about the food or lack of it and then told him that we had a lot of creditors and that we were doing our best to pay off all the creditors equally. The judge said that it would be wrong to give preference to the nastionwide over the other creditor and as we are trying to pay off all our debts then he would impose an instalment order with no added interest. He asked how much we would like to pay and I said the £36.18 per month and he agreed.

STICK THAT NATIONWIDE !!!!!!!!!!!

For you, make sure you ask for the redetermination order within the correct time frame or you will be thrown out. Makr sure you send it special next day delivery before 1 pm ( about £4.30 ) as recorded delivery can take 2 weeks to get there and then have all your paperwork sorted and write a statement to adress the judge. They don't bite especially as if you are showing you are trying to pay the debts.

If your SOA says that you can only afford £200 or £230 then ask the judge to set this level but be aware that the level is binding on all parties. If you default on one payment you will have the charging order placed on your home. Also ask for the payment to be made on or before the last day of the month as it then gives you the whole month to get the payment to the company.

One other thing is that once the CCJ is lodged you will get a lot of letters from debt counceling services offering IVA's and bancruptcy advice. Also check your credit files as it may be lodged twice on your file, once for northampton and once for the redetermination order. I'm currently fighting to get one of these removed from my credit file as this has happened to me.

Hope that helps.

Chimp choker

dubsey

I would definately ask for the re-determination as CC above says. If you cannot afford the £279 and that shows on your I & E you need to make that known asap.

I have never had any dealings in a court, but I would have thought it would be worth call to see if you can find out about the interest. Alternatively have you tried calling CAB, they may well have some information on the court processes.

tostao

to date i do not know of any creditor who has made a successful claim for interest after judgement.
if you breach the terms of the order, this allows the creditor to go back to court and ask for a charge, it would still be for the judge to decide if it should be granted.

rog2

Hi Tuscan - did you actually attend the Court? If not, then, by all means ask for the reassessment.
You at least know that the Court is unlikely to increase the payment and that the 'Judgement' is just as binding on 'Natwest' as it is on you.
Provided you keep up the payments, then any further attempts, by Natwest, to harrass you into paying any more, will be illegal.

Tuscan

Hi all

no i didnt attend court but i happly would have done as im good at saying my bit lol. i was told not to bother at this stage and it wasnt local.

i called the court today and was told there is no further interest to be added on the ccj and it is for the 27k at £279 a month untill its payed off and as far as the court is concerned thats the end of the matter unless theres any appeals.

natwest will have to go back to court if that want to get interest added and a charge on my house. i will go fir a re-determination order as i have nothing to loose.

if Natwest do appeal then ill be there all the way i dont think it will be easy for them to get what the want now, not after the original judgement. and as ive never missed a dmp payment in nearly 3yrs and have raised my payment for the 3rd time and i think its a decent amount, this plus my house is jointly owned me and the wife and we have 2 kids one only 2 weeks old (new years day) and as no other creditor has gone to court i think a charge would be unfair on us and the other creditors.

that said im not that worried about a charge as we will be moving with in 5 yrs and should clear all debts then anyway, my only concern is stopping the interest as this has cost me 5k and not a penny has reduced my natwest debt infact its gone up by a grand...

i will as always send any mail next day special delivery..

CCCs have advised me to wright a letter to the court rather than fill out the correct redetermination form as this cost £40 to do, i was advised to quote rule 14.13 that means i can have a free hearing??, anyone got any moreinfo on this and maybe a draft letter i can use, cccs wouldnt supply me with one..

cheers