CCJ Question

loopylu36

Hello,

Actually I'm slightly ahead of myself as I haven't actually got the CCJ yet, but have had the Summons and have responded with a defence. It relates to a Northern Rock loan (was part of a together mortgage). It seems that where the CCCS told me I HAD to include this in my DMP, Payplan actually keep this out because of NR's ferocity in pursuing CCJ's and Charging Orders. I'm a bit upset about this as NR are our biggest creditor but because of the way CCCS pro rata payments they are getting quite a small amount, whereas if I had gone with Payplan it would have stayed at the contractual payment, but I didn't know that at the time I have worked out that if I transfer to Payplan or do the DMP myself then by only marginally reducing payments to my other 18 (!) creditors, Northern Rock can have their contractual payment.

Anyway, my question is this: I have contacted NR and have stated that I will pay the arrears (can borrow money from my dad) and will revert to the contractual repayments IF they stop the Court Action. They tell me that they CAN'T do this. When they say CAN'T do they actually mean WON'T? I think that they do because I am sure they can withdraw their claim if they wanted to. I would like a bit of advice on this, as I don't want to go flogging a dead horse if they truly CAN'T withdraw the papers.

If it does go to Court (which in a way is kind of beneficial cos at least then they will be paid off in 7 years, rather than 20 on the current repayments as obviously they will continue to add interest :rolleyes: ) how is the judge likely to view the fact that we have made every effort to resolve the situation with them, andd they just haven't listened? I don't see how he will look favourably upon them when we have offered to bring the account up to date and resume contractual repayments?

Thanks for any help

babyharry5

Hi there
Most creditors wont reverse a court summons as they have already incurred costs in doing so, but am not sure if that means they cant!
Obviously as you have had the court summons your account is already in default and would be registered with the credit bureau's to that effect.
So imo I wouldn't flog 'a dead horse' as you put it and pay them their money.
In my past experience ( 13 years working for a major bank in debt management - the judges did look favourably upon the client who had tried to work with the creditor and has continued to make payments according to their ability.
No judge will order you to pay more than you can afford!
I think that nr's ferocity has a lot to do with their own current situation, rather than yours.
As for a charging order - that would depend upon the amount of the debt?
personally think nr are clutching at straws as you do get the odd person who claims to be in financial difficulty whilst still enjoying bi annual foreign holidays etc! and maybe they think it is worth trying to catch a few out!
Wouldnt borrow off peter to pay paul because if your other creditors receive a new offer of payment and NR have disappeared off the list I would want to know how you cleared it - could open up an even bigger can of worms
sharon x

Bertram_2

If you know a court claim is coming , you'll want to get a cca request off now so that any irregularites in the agreement , should there be any, can be used in your defence.