latest update .. received letter from court advising that my application re : rewording of previous outcome to be concidered at the hearing on the 17th ... bloody joke ... the whole point of having the correctly worded document was to show natwests bad conduct by their non attendance last time ...I needed it wording correctly for this hearing - as at the time of the new hearing it is 'out of date' anyway seeing as their new application for an interim charging order has already been granted. latest letter also states .. that the court have refused natwest application to have the hearing adjourned. Chance in a million .. but maybe the court will be/ are displeased with natwests conduct and throw this out of court once again .. fingers crossed .. and once again hopeing for a miracle .. now with 2 days until my day in court .. better google this issue of getting costs awarded from last time!!

Just to clarify ... Having argued Mercantile Credit v Ellis (1987) to the Judge -in April, she said this was not relevant - due to the impending change in the law where Interim Charging orders can simply be obtained. Has this change in the law now gone through? - As I was not advised of Natwests second application for the interim charging order - and nor was I notified of the date of that hearing which I believe took place at the end of October.I simply received notifcation from the land registry. At the time of the Interim charging order hearing in April, My CCJ was not forthwith - The Judge changed it to forthwith at the same time as granting Natwests application for the interim charging order even though I have missed absolutely no payments.

Thankyou all very much for your input! I will indeed be attending court once again on 17th December. Having written to the court I have still not heard back from them re: ammending the last order to state charging order was struck out and that I was in attendance. Also I have received NO documentation whatsoever advising me of this impending court date! Had I not received the interim charging order from the land registry I would still be non the wiser! I shall now google away re: applying for costs against shoesmiths. (very valid point! thankyou for that!) The equity in my property equates to 1/3 the property value. (from an inheritance) - enableing me to obtain an affordable mortgage working part time etc... If I was to sell up and pay Natwest off, I would then no longer be intitled to tax credits and would have to eat into that money until I was was eligable. This was the main reason I purchased in the first place. So thats not a financially viable solution for me. + renting was more expensive than my mortage is! I have not told my ex partner about any of this. I think he would laugh his head off knowing he had legally got away scott free. He wont be laughing next year tho because I fully intend to pursue him through the small claims court for this! grrrrrrrrrrrrrrrrr >> thankyou for relocating this thread My todo list: Find out: at what point my mortage lender will be advised about this charging order - should / have they have already been notified? - and would I be notified of their notification? (makes sence to me) Find out :If it was legal for Natwest to serve me alone with the defaults and CCJ on joint bank accounts / loan. - and to be then seeking a charging order based on this. Find out re: recouping costs incurred by shoesmiths/natwests non appearance.

Hello, The CCJ came from 2x overdrafts and 1 x loan. which may I add still to this date I have not defaulted on. The CCJ was altered to forthwith in October. As this debt stems from joint backaccounts - having some understanding of the law in this area I now understand that they can put the whole debt onto me alone (very unfair) by means of this charging order. however - Can they legally origionally have just issued one party to this debt with the ccj and defaults ?

Have received a letter from the land registry today ... shoesmiths on behalf of Natwest have obtained an interim charging order and it has been duely placed upon my property. its dated the 30th oct - 1st ive heard about it Ive received no documentation from natwest or the court!!!!! Ive rang the court and they tell me the whole battle is to recommence on the 17th Dec These people are relentless!! - Just before christmas - Merry Christmas hey !! Ive got a letter from the court dated 12.10.09 saying charging order to be struck off etc - but due to non attendance from either party - I was there!! So now Ive got to write to the court telling them the details from the judge was wrong - get that order ammended and hope the newly ammended order stating last times interim charging order was struck out due to natwests non attendance (the judge said to me at the time that their non attendance will be taken into consideration should this return to court - so i think its imperative i get that resolved asap -and wave the new one around on the 17th) ......mentally exhausted by this whole thing

MIRACLES CAN HAPPEN !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Well, I attended court this afternoon - However, Natwest did not ... This resulted in the judge striking out Natwest's application for the charging order, and the judge confirmed to me that the land registry will be notified and the interim charging order will also be removed. I am simply to continue making my repayments as per the CCJ. This does not however stop Natwest from re-pursueing this through the courts once again. The judge did say that each case is taken on its merits - so should they re pursue this charging order, then their non appearance today will be taken into account. - I was going to question Aprils interim hearing - where the terms of the CCJ were varied (forthwith) - and the fact that the interim charging order was granted , as I have read on another website ((Having frantically searched the internet this morning looking for a last minute answer to all my prayers-)) that these 2 items should take place at seperate hearings and not at the same time ?! - - also a few days after the interim hearing I spoke to the court clerk as I had received the interim order through the post - with errors -so I had those ammended - and she at that time informed me that it would be resent to myself and Natwest - she made no mention of my mortgage lender being notified - as it is my understanding that all parties that have an interest in the property should be advised - Will my mortgage lender have been advised about all of this ?? Will this affect me once my fixed term comes to an end and I need a new mortgage deal? My next move however will be to seek legal advise re the initial CCJ and the manner in which Natwest ensured I received it !! Absolutely gob smacked. 1 - 0 to the little man!!!!!!!!! (for now anyways)

Hi, The account is indeed held with Telford. I am going to the charging order hearing this afternoon. It would seem that there is absolutely nothing I can do (except enter the court - bend over and assume the position ) while I get well and truely shafted. All I can 'respectfully ask' is that they dont enforce any order of sale untill my youngest child is 18. That gives me 17 years and 8 months to get this paid off. I am of the conclusion that there is no justice in this country. While I , a law abideing citizen , having always advised Natwest of my location, am now 'lumbered' with this very large black cloud over my name and house. In all honesty I wouldnt feel so bad if I had actually got to spend any of this money !!!!!!!! it would be 'a fair cop as such' but it was spent by my domineering and controling ex partner, who has never advised Natwest of where he lives hence - he has 'escaped this debt in full' If it is a financially viable option then I am fully prepared to pursue my ex partner though the courts to make him contribute to this debt. (total value £12.000 approx) Thoughts on this and similar experiences most welcomed !! Im so angry about all of this AAaaarrrghhhhhhhhhhhhhhhhh Hopeing for a miricle this afternoon!!!!!!

also, the judge said that if i want my ex to make repayments to this debt - then it is for me to chase him to make contributuions this whole matter is past farsical!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!1

Well, having been to court today, the judge has decided to make the order 'forthwith' as per natwests request ! - a change of the terms of the initial ccj. However, as I cant magic 11k they have therefore decided to grant natwests application for a charging order! Even having quoted case law on the above - Even though the Judge herself said the law has not yet changed - but it is going to change to where a charging order can be made even though you havent defaulted on any ccj repayments - so she's granted their application even though the law does not yet allow it! I now have to wait for a new court date where I can only again battle my case - seemingly on deaf ears. Also, as this is a joint debt - Both natwests snotty solicitor and the judge have said that the debt was 'joint and several' and that they are satisfied by just chasing me for the whole debt. - I said how can this be fair and just as per the civil procedure rules!! to no avail. They again quoted that at my payment rate the debt would take 20 years to repay - and I reminded them that if they bothered to go so far as enforcing payment from the other may i add jointly liable party that the debt would be repayed at the most in 10 years. But no, they just want a charging order against MY house for the full amount to secure a Joint debt. The judge then said that she would make a remark on the order that Natwest have said that they are not looking to enforce sale of my property - that the order is for security purposes. So, because I am law abiding , because I had my mail rediredcted tome having moved almost 3 years ago - having kept natwest upto date with my contact details, having made payments myself alone for more than 2 years, now they are lumping me with the whole debt, and should i then not pay like my ex partner - then i will lose my home - unlike my ex who loses nothing! Where is the justice in this land - I wish this case today had been heard by a magistrates judge - they are 'lay' people - and supposidly use their common sence - as oposed to district judges who in my oppinion have none. Angry, dissapointed, frustraited, and out of pocket for a joint debt that i didnt even run up, as i had no control over the finances in the domineering relationship i was in at the time. And, to put the cherry on the cake - !!!!!! The ccj was only entered against myself, a ccj being for a set sum. I have received 2 letters from a debt recovery agency addressed to my ex partner at my home address - and , the payments i have made for the last 2 years - it would appear have been for nothing - as the letters state the debt now stands at over £13k!!!!!! over 2 thousand pounds in charges have been added to send 2 letters - charges added to an amount previously determined by a judge. I am at my wits end I really am. Now Natwest will just sit back for the next god knows how long - waiting for me to forget to make a payment - or to make a payment late - so that they can pounce and take my home from underneath me. Who can i turn to for help with this????????????????????????????????????? Anyone???????????????????????????????????????????????????????????????

Also, wanted to add - that the documentation I have received from the court is a : Notice of hearing of application. Will any decisions be made on the date and time given - or will there be a further hearing?

Thankyou for the link.- was very informative. I will write to both the court and Natwest and notify them of my intention to attend and as to why I dispute their application. Will now look into the case of Mercantile Credit Co Ltd v Ellis 1987 and arm myself with comparrisons to quote.

Hi all - Can anyone please give me some advise... Having had a CCJ entered against me behind my back by natwest - They have now - 2 years on - applied for a re-assessment - Fair enough one might say. However - The CCJ was for a joint debt - for that of me and my ex partner some 8 years ago. Also - the CCJ was only entered in my name Only I have been making repayments for the last 2 years And now - they are applying for a charging order against my home - Would I be correct in thinking - that as I have not defaulted on even one payment- that they are unable to apply for a charging order - and also - that they can not apply for a charging order for the sum of £11,000 - against my home - when this is a joint debt!! - that only I have been making repayments on! They say in their letter to the court that the reason they want a charging order is that the debt is unsecured and that at my repayment rate - that the debt will take 20 years to repay. (I pay £50/pm) What they dont say in their letter to the court is that this is a joint debt - that I am the only person who is making repayments. The did actually recently send a letter to my ex partner - to my address !! - which I have passed onto him - however - I dont have a home address for him - so I have no address details to give to the court which I happily would do- come the court date in one months time. (If i did have his address - I would have given it to the Child support agency !! as Im battling that also.) I am also heavily pregnant - and this is really stressing me out. I am a single mother - I work might I add - however - my wages dont even cover my bills !! I rely on tax credits to make ends meat. All advise welcomed!! Many thanks in anticipation of your help and advise

yes, the amount owed includes numerous charges. going back even further - some 5 years when the charges were initally added on. I had a meeting with Natwest and they even said that they would take off most of the charges due - which they never did, and I have no proof of the conversation as it was verbal. Some of these charges accrued after a telephone conversation where I had arranged for the repayments to come out of another bank account - where my ex's wages went into - And, typically - they did not take they repayments as I had arranged. It has been a catalogue of errors from this company. I know that also one of our overdrafts was consolidated - and that i have no recollection of signing either as was a joint account - and at an extortionate interest rate as well! I honestly believe my name was put onto that consolidation with out my consent. can you reclaim charges after a cjj has been entered againt you. i dispute the amount owed and i dispute the ccj (thankyou for your quick reply)

PLEASE HELP hi all, would appreciate your help on how to tackle this. i promised to pay in full a loan upon sale of my house joint debt - partner and i (had split hence house sale) i went to bank upon sale to pay half - they wanted full amount so left having paid nothing. at this time i was a house wife with no income.- i gave them my new address may 04 and didnt hear from them for 2 years when i had again moved and had mail redirected to me. collection agency wrote to me- this was may 06. so i called NatWest and they said would send me an income and expenditure form.i told them i was willing to pay £50 each month and was told they wanted me to pay more than that - but i said that was all i could afford.- i also gave them my new address. one week later: i then had another letter redirected to me from 'an outside agency to verify my details' i called and verified my details. 3 days later i received another identical letter asking me to call the 'outside agency and verify my details this was sent to my correct address - the address i had verified 3 days before by phone- and one week after giving these details to NatWest. i did not receive an income and expenditure from from NatWest. the next letter i received was an income and expenditure form - along with a court date from the court.(november 06) again i called NatWest -and they actually apologised for not sending me the income and expendure form - i was actually speaking to the same lady who should have sent it. she told me to use the court income and expenditure form as an outline - and send those details directly to NatWest. which i did. AND SHE ALSO TOLD ME TO IGNORE THE LETTER FROM THE COURT AND THAT THEY WOULD CANCEL THE COURT DATE. the next letter i received was from the court - (jan 07) telling me they had given me a ccj. it gets better - when i initally rang them in may 06 - i also said that if i had a further advance against my house would they be prepared to accept the inital sum me and my ex were supposed to have paid - i was told yes. the ccj has resulted in £4000 plus costs being added to the balance - because - after i rang them may 06 - they then defaulted my account!! so , when in june i actually applied for a further advance and was declined - reason for this - having obtained my credit report from equifax was that NatWest had defaulted my account this was before the ccj, and was the only negative entry on my file - to top things off - if i hadnt obtained my credit file i would never have found out that i had a great big default on my file - because NatWest to this date have not written to me to tell me about it!!! which i now also know they should have done. unrelated - but linked a couple of weeks ago i spoke to a collection agency on behalf of a friend who had defaulted on her car repayment. they wanted 'an attachment of earnings or an order against her house. i looked on the internet for her as this seemed extreme- and became aware of the overriding objective- having been given permission to discuss her account - with in 1 hour of communication with them i had arranged her repayments. no ccj, no attachments -we agreed £10 more than she had said she could afford to 'keep it out of court - and they went for it - having quoted overriding objective' i had also argued with that man that they had not sent her an income and expenditure from so they could not demand the ludicrus amount they wanted her to repay each month. so , I received my ccj in january. I have only just become aware of the overriding objective. Natwest should have arranged repayments with me over the phone the day i called them in may 06.- now i know that is what should and can be done. therefore - i should not have even received a ccj What do i do next? How best do I tackle Natwest over this and what course of action (remedy) can i expect? If i write a letter of complaint to them - how can i ensure that it is delt with at the highest possible level? All advice and input into this would be most gratefully received!