Going to court on Wednesday,

craftingqueen_2

what paperwork do we need to take as it's for a CO and i'm bricking it? Will payplan let us take it off the DMP ,for us to pay it seperately through a S.O if the judges rules in the creditors favour,many thanks.

CQ

stapeley

?????????????? You must give us some background !

loopylu36

Hi CQ

Sorry don't know specifically what (if any) paperwork you need to take with you but I would imagine proof of payments made to date, letters from other creditors who have agreed to dmp and income/expenditure should cover it. I know you said judge had already ordered you to make your payments as per your dmp, so hopefully he will question NR motives especially as I guess you are up to date with all payments?

I had court papers from Northern Rock in the post last Friday, so await with bated breath the outcome of your court hearing. I really really hope the judges refuses to grant them the CO for you. Not just because it will give me some hope, but because I think NR need a good talking too!! :rolleyes: I will now be busy sorting out my paperwork and need to request them to move the hearing to our home town - Newcastle being about 300 miles away!

Hopefully someone with more knowlege will be along to advise you (and me) some more - from memory I think "Itsnowtime" has had a day in court re a CO so check out their threads and maybe send them a pm?

L x

RAS

You might find it useful to read this thread.

craftingqueen_2

Thank you L, we had ours moved from Bradford to where we live. We've not missed any payments,will take proof that we have kept up our payments on the DMP since we began in APRIL 07.
It just seems that our highest creditors have been brilliant from the begining,and NR have been less than understanding.Yes, i understand the company has problems but don't we all?
Well at least we will know what to expect next week when Nationwide take us to court for a CO.
I just wanted to make sure we took all the relevant documents with us. Will let you know L, how we get on fingers and toes crossed!

CQ

craftingqueen_2

Hi RAS, I can't seem to pull up the thread you advised me to have a look at?

CQ

RAS

Should work now.

craftingqueen_2

Many thanks RAS, have sent gashead a pm.

CQ

stapeley

I would requests a stay from the court , explain you were unaware of your rights and now need time to check the details of your CCA and statements of account . If you did not request a CCA or NOTICE OF ASSIGNMENT when you first received the summons , you need to now . I would grovel to the Judge , remember they generally do not like these companies , so hopefully they will be understanding . Remember if they can not produce a TRUE SIGNED COPY OF AN ENFORCEABLE CCA the Judge can not enforce the debt .

craftingqueen_2

Thank you Stapeley, do i write to NR, or is it too late to ask for a CCA now .As we are in court this Wednesday!

CQ

davek1

Hi CQ.

I would go along to the hearing on wednesday take a full statement of income and expenditure. Did the creditor notify your other creditors? if not this is reason to oppose the reqest for a CO.

Also you could argue that by treating this creditor differently by giving them a CO is treating them as a preferential creditor.

Have you been paying anything towards the debt as part of the Payplan dmp? If so show evidence of these payments and also ask that any payment order be set at the same level. Don't worry too much about the Co i have 2 and i just carry on making the payments as ordered provided you do that you will be fine.

Good luck and try to relax the judges generally aren't ogres and are quite sympathetic. Having said that in honesty go expecting the CO to be awarded it usually is !!!

Dave