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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
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Arrow sold Nrock CCJ for unsecured loan - going for forced sale ***Resolved***


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hi all,

Got behind with n/rock unsecured loan,

they defaulted me and court papers arrived.

 

 

I paid up arreas and a month in advance then entered a DMP through cccs

and sent back the admission form with a much lower offer of payment.

Did not hear anything for 7 weeks

 

 

yesterday a letter from the court arrived saying , with neither partys present..n/rock have refused my offer of payment

and they have made a decision that i should pay in instalments £300 a month(what i was paying).

 

I knew nothing of this going to court,

if the judge looked at my I&E done through cccs he would clearly see i could not afford to make those payments.

To make matters worse the date on the letter from the court was the 14th,

they said i was to make the first payment by the14th

but i recieved the letter on the 15th so ive missed a payment already.

 

Would the judge have seen my I&E,i did not send one,only to n/rock with my admission

,if i had known this was going to court i would have done something about it.

If anyone can give advice i would be extremly gratefull

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hello there,

 

get an application to vary the instalment in straight away. you'll need to fill in a form called n245, the fee is £35 for the application.

 

if you click on the following factsheet, it will fill you in on what to do. if you get stuck with anything get back to us.

 

National Debtline England & Wales | Debt Advice | Factsheet 08 Reducing Payments Or Suspending A Bailiffs Warrant On A County Court Judgment

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Hi thanks for that,

Ive rang the cccs and they say i dont need that form and they are sending a template letter to be sent recorded asking for a re determination. Im a bit confused here,do i do what cccs say or take the n245 route,they say im to send with it my I&E they have done and all should be ok

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Hi thanks for that,

Ive rang the cccs and they say i dont need that form and they are sending a template letter to be sent recorded asking for a re determination. Im a bit confused here,do i do what cccs say or take the n245 route,they say im to send with it my I&E they have done and all should be ok

 

sorry to confuse you, you may be able to get a re-determination. who stated you should pay the £300 and how long ago was this?

 

did you get sent a form called n30(2) ?

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I was originally paying 300 a month to n/rock,defaulted and all that,sent admission with offer of 62 a month as recommended from cccs.Got letter from court

 

Date stamped on Judgement for claiment

(after determination)

14th june

letter arrived 15th june

 

 

Before the proper officer sitting at blah blah

 

Upon neither party attending.

 

To the defendant

The claiment has objected to the rate of payment you offered.

The court has therefore decided the rate which you must pay.You must pay £***** for debt and costs.

You must pay the claiment a total of..........£*****

 

by instalments of £300 a month

 

the first payment to reach the claiment by 14th june.

 

no other form sent no

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Ok thanks for your input,greatly recieved:)

 

no worries, sorry for the confusion!!

 

as the rate of determination was set by a court officer you can request in your letter to have a hearing at your local court, this way you could argue any circumstances for the judge to consider prior to setting your rate of repayment. you should point out that you have a payment plan with cccs and would like a rate of payment which would allow you to keep this agreement so not to upset the applecart, so to speak. i would imagine the other party will not attend so you should get a favourable rate of repayment from the judge.

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  • 1 month later...

Hi all.

Got into trouble with N/rock and they took me to court. a hearing took place without me there and no knowledge of it so i appled for re-determination and recievd a notice of hearing.

 

It states the time of the hearing etc. and that i should attend.

In my letter i stated that i could have the case transfered to my local court, now at the bottom of the notice of hearing letter i have recieved it says

 

Please note: this case may be released to another Judge,possibly at a different Court.

 

My question is will it be or have i got to follow it through and apply for it to be transferred ??

 

Thanks in advance for any replies

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As you are in person (ie not a limited company) you can request that the case is transferred to your local court. You can do this by a simple letter asking for the matter to be transferred in order that you can attend the hearing.

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Ok thanks for that, I did not no if it automatically got transferred or i had to do it myself

 

Phone up the court, ask for a manager, and ask...

 

I think he will say you need to write a letter along the lines of

 

"

 

For the Attention of the Court Manager,

XXX vs YOURNAME

Case No XXXX

 

Your Address

 

Date.

 

 

Dear sir or madam,

 

Is it possible for you to transfer my redetermination hearing to my local court XXX County Court, since I am a litigant in person and would find it very difficult to attend XXX Court.

 

Yours sincerly,

 

XXX".

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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  • 1 month later...

Hi all

 

Ive managed to get a re determination but the problem is the hearing is being held a long way from where i live. Ive been told i need to send a formal request to have it transferred to my local court. Any ideas as to how i should word this letter ?

The hearing is in 2 weeks so all replys would be welcome

 

Thanks for your time

Eggy12

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  • 5 months later...

Will try to make this a short as poss..!

 

Realised i was in trouble with to much credit last year, got involved with cccs, 1 ccj and payment plan set up.

Have main mortgage and second, had 2 months arreas on both and had them added over 24 months, that was july last year.

Had no probs till start of this year as being self employed work was short.

Position now.

Mortgage company have stopped agreement as i owe now 2 months(feb and march) plus the outstanding arreas from last year.

I found work and started last week and look to be working for quite a while, I rang mortgage up and proposed a payment plan to pay off £590 per week so 2 weeks at 590 the 2 weeks at 376 the 2 weeks at 240. by this time i would have paid arreas but the next payments will be due and as long as im in work i thought i could pay them. Problem is im not earning quite what i expected and rang them last night to say.

They say account is on hold till today, because i was supposed to make first payment and its due to be passed to solicitors after, if no payment is recieved. I said the amount i wanted to pay that was £400 per week till its all paid up and they want me to ring in today with I&E !

Obviously they will take all other bills into account and see that if i pay those as well i would not be able to pay 400 a week but im robbing peter to pay paul and can sort that out end next month/ start of may.

Im on a self cert mortgage and they dont no my circumstances eg. I have 1 ccj against me from last year im worried if they find out i will be classed as bad news

Any ideas or suggestions would be much appreiciated

 

Eggy12

 

Sorry forgot the most important thing, I was supposed to be paid today but a mix up occured and i wont be paid till thursday now for this week

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Hi there, it's always best to do things in writing so I would advise you to send them a letter detailing the payments you can afford to make. Don't over commit yourself, it's better to offer slightly less than you think they'll want and then if at any time you feel you can pay more, you can do so.

 

If you send them an income and expenditure form showing that you can only afford the amount you are offering then they will more than likely accept it as there isn't really anything else they can do. If they don't accept it, make the payments anyway and if they do take further action you can show you were making regular payments.

 

Make sure you have the name of someone and the correct address to send the letter to. You should also send it recorded delivery and then check the royal mail website to make sure it has been signed for. Print off the delivery receipt and keep together with a copy of the letter you send - you may need them in the future.

 

If you need help with the letter and I & E form, let me know.

 

Kind Regards

 

Ell-enn

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  • 6 years later...

just found out northern rock sold on a loan to marlin/cabot..

 

been busy with house repo so put them on the back burner till i was sorted.

 

nrock got a ccj on the unsecured loan then as i failed to keep up payments last 13 months they got a charging order.

 

next i know they sold it,

 

 

sent i&e to Mortimer Clarke offerering less than the ccj payments and have not heard back yet.

loan is 12k

 

this was my first dealing with going into debt back in 2007 and just let them (nrock) get the ccj without any knowledge of fighting back..

 

lots of fees in there.

 

 

Any chance i could argue with them about these or am i stuck to the total amount after ccj

eggy12

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  • 3 years later...

Hi, Got paper work from Court today.

 

Sum is around £12k.

 

Long story short, It was a N/rock loan unsecured, they sold it on then arrow bought it and got a charging order. That was a good few years ago.

A few weeks after they got the order they sent me paper work stating as such and wanted it paying. I rang them, verbally agreed on a minimal payment and I asked for a sort code and account number to pay.

 

I got nothing from them and as the months rolled by I just ignored it. As things were at the time I would not have been able to keep up with payments anyway but now that things are much brighter Im confident I can offer and keep up payments.

 

How do I go from here.. Ive only 3 years left to pay on the mortgage and would hate to have this upon me now but yes its my fault and would the court take into circumstance I can pay this off and not force the sale of the house. I live here on my own !

 

Regards

 

Eggy12

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Hi eggy12

 

You have 2 options....

 

Either try to get a payment arrangement in place now and try to get the arrears up to to date....if there are no arrears then a forced sale application fails.

 

Or defend the matter on the basis of above stating that they refused to give you payment details...and if you can back this up with evidence..letters emails etc. more the better.

 

Most cases like this are suspended anyway once you guarantee a payment plan and try to reduce the arrears.

 

Was it a forthwith judgment or pay monthly ?

 

Regards

 

Andy

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Originally with n/rock the ccj was for £60 a month with no charging order, arrow went for it after buying debt and i offered in court at £1 a month, that failed and they got charging order. I've paid nothing to arrow at all. No evidence as was just a phone call, my first port of call is to ring them today and see if I can get a payment plan in place.

Eggy

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I would try to a get a payment plan in place and suggest they consider withdrawing their application with view to saving further costs

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Make it a realistic offer otherwise they wont bite.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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  • 4 weeks later...

Well done eggy....thread title amended to reflect the outcome.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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  • dx100uk changed the title to Arrow sold Nrock CCJ for unsecured loan - going for forced sale ***Resolved***
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