Thread: Norther Rock unsecured loan and ccj

Not sure if i am too late with this but as i have just had lloydstsb i am feeling unbeatable. In July 04 i took out a loan from Northern Rock. The following july the goodship threeamp hit a period of fiscal turbulence and rather than sort it out northern rock saw fit to get a ccj. I have been paying a fixed amount to them for over 18 months but i havent had any statements. I phoned them today to ask for a complete statement of my account and that should be with me in the next few days. Depending on what they send me is there anything i can do? I am aware that in the initial few months of my troubles they were always on the phone and writing to me (to which of course there are charges attached). I am hoping they have charged me unlawfully for these calls and letters so i may issue them with a request for that money back and of course to find out how much i still owe them! Any comments or assistance would be most welcome.

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OK, i got the statements this morning and they state £150 in miscellaneous debits. Can i ask the ccj be set aside as the amount was incorrect due to unlawful charges?? Do i need to write to Northern Rock and ask for clarification of what these were for? or do i just send the letter asking for the money back? A couple of years ago when i needed their help they stuck me in court and got a ccj, it would not upset me to cause them as much misery as possible with this so what can i do??

just over £7k

Doesnt it matter that some of the ccj was made up of unlawful charges?

Hi Caro, Charging order? Can you explain what you mean by that? I should point out that these charges were placed on the account before they got the CCJ in units of £30 each time. I am now in a position where i would be able to pay back alot more each month to them to get this cleared faster but i am not about to tell them that. They were very aggressive when i had my financial wobble and deserve everything claim and complaint they receive.

Originally Posted by threeamp

Hi Caro, Charging order? Can you explain what you mean by that? I should point out that these charges were placed on the account before they got the CCJ in units of £30 each time. I am now in a position where i would be able to pay back alot more each month to them to get this cleared faster but i am not about to tell them that. They were very aggressive when i had my financial wobble and deserve everything claim and complaint they receive.

A Charging Order is a method of enforcement when you default on a county court judgement. It effectively secures the CCJ debt against your property. The problem you have ( as Caro has pointed out ) is that if you go for a set aside you can then only PARTLY defend the original claim ( as set aside just puts the CCJ back to the claim stage ). So NR can still get the CCJ again for the balance of the debt and go for enforcement ( unless you get a CCJ that you can afford ).

Hope this helps

Well, i have never missed a payment under the current CCJ, surely i could offer NR a payment scheme that didnt require a court order once the existing CCJ has been set aside?

But they would still have the right to issue a new county court claim for the reduced amount ( so your orignal £7k minus charges ). If they refuse your offer of payment it's then up to the court to decide what is reasonable for you to pay on a CCJ. If the court agrees with your offer; great. But if they don't then you get a CCJ you can't pay then you could apply for redetermination for free within 14 days to ask them to look at this again.

What you need to be aware of is that ifd you get a CCJ you can't afford and the court agrees with NR that your offer isn't reasonable then you default on the CCJ then this is the stage when NR can apply for further enforcement against you including possible bailiffs, an attachment of earnings if you are employed or a charging order to secure the debt against your home.

so i should bank the money i can until it reaches a decent amount and then make them an offer? Is it worth asking for a copy of the signed agreement and so on?

Ok, so what percentage of the balance should i offer them? I may be able to get my hands on 40% or there abouts quite soon..

Originally Posted by threeamp

Ok, so what percentage of the balance should i offer them? I may be able to get my hands on 40% or there abouts quite soon..

And you do need to realise that as they have a CCJ ( and they are known to be a very aggressive creditor ) they may simply decline the offer and look at other enforcement methods.

What exactly else can they do? I have paid on time and every time following the CCJ and until now i have never mentioned the fact that they have made some charges that as we all know were not legal. The CCJ is therefore for the wrong amount and i was hoping to get the CCJ overturned and then make them an offer before they go back to court for the correct amount meaning i have no CCJ recorded against my name and they get their money minus court costs (its not my fault they made illegal charges and wont admit they were wrong). You all seem to say they are an aggressive collector, i can be an aggressive person myself when someone has taken money off me illegally!! Its about time someone stood upto them and gave them what for. You should also note that this was an unsecured loan and i do not own the house i live in so surely all they have is an arrangement to pay left open to them.

Other methods of enforcement open once you have defaulted on a CCJ are as follows: Apply for bailiffs to be used ( although county court bailiffs cannot force entry so if you know your stuff this needen't be an issue )

Apply for an attachment of earnings to take money from wages ( if you are employed )

Apply for a third party debt order ( in practice this usually involves freezing your bank account/s and paying any credit balance direct to then creditor.

You can also be made to go to the county court and answer questions about your financial circumstances. It's not a method of enforcement ( it's an order to obtain information ) but an arrest warrant can be issued if you don't comply.

We are not trying to tell you not to take on a creditor where you feel eg illegal charges have been levied. We are trying to make you aware of how the county court process works. If you get a judge who feels that your offer of payment is unreasonable ( remember they have discretion ) then yes you can claim your charges back but you still have a few grand outstanding - either on your current CCJ or a new CCJ.

Even if you got a CCJ in your favour for instalments NR could apply to the court for variation of this to try to persuade the court that they should get their money more quickly or have the option of going for more enforcement.

Thanks Powell for all of your advice and please do not think i am not listening as i have read everything you have said and taken it in. The CCJ is an irritating thing for me and i want it gone, if i was able to get it overturned i could probably raise the money to get these idiots paid off in full. Am i right in saying if it was overturned and i then paid them off before they had any chance to do anything elsei would have a clean record? And if so could i tell the court that i only have a CCJ at the moment as NR are very aggressive and wouldnt talk to me in the first place? Surely they can try to be aggressive with me but if they have been paid as soon as the CCJ is overturned they can only apologise profusely for their illegal charges and hope i dont kick up a stink about my credit rating and how its been affected by their bloody mindedness. Inshort, accuse NR of illegal charges and get the CCJ overturned then pay off the balance instantly and continue with my case for the illegal charges and almost insist they go to court with me this time to explain why the illegal charges. I think giving Lloyds TSB a slap for my bank charges has made me brave!!