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andyathers

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  1. Thanks Andy,no there was no arrears.I shoud have used the site a bit more,I will in future.Thanks for the reply
  2. Hi thanks for the replies,the 3rd scan I posted was for the revised sum which was the figure I could afford.Am i right in thinking that is now the figure i pay until the debt has gone or we sell our house.What options do we have,i dont really understand the situation. I will tell it the way I think it is,could you correct me if ive got it wrong. Natwest's solicitors sent us court papers wnating the full amount,we filled in the forms admitted the debt and enclosed our income etc.We got a reply / CCJ from northampton court for a vast monthly payment £600 +, we applied for it to be re-heard at our local court.This court reduced it to the figure we could afford( the payplan figure). Then natwest went for an interim charging order,then eventually a final charging order.So from what I can understand we pay the CCJ and if we default on it they could go for a forced sale. Could somebody just tell us in easy steps if i am right,or what we could do now.
  3. Hi, thanks for reply.The ccj / co are in joint names as is the house.We do have small children an there is nowere near enough quity to cover the debt.
  4. Hi ,I admitted the claim,so got CCJ.Have been paying this on time every time.Just dont understand why charging order was granted and what the charging order letter ( copy on the first thread) means.Are we going to lose our home. Advice says if you keep up with a ccj they wont get a CO, but they got one.Advice says that forced sale is rare and that the creditor just wants security,but whats stopping them going for the house and whats stopping the same horrible judge grsnting them a sale.At wits end
  5. Hi Guys and Gals,anyone help re this,thanks
  6. Hello could anyone shed some light on this please.I recieved a CCJ last year for a loan with natwest.Northampton county court set the repayments very high.I applied for re determination in my local court.My local court reduced it to what we are paying via Payplan. Natwest then wanted a charging order,they finally got it in july,i defended it as best i could with good argument but the judge made his mind up as I walked in.In fact he new there solicitor,that was evident by the way they spoke to each other.To add he spoke to me like a peice of dirt. Anyway i have only just recieved the final charging order paperwork an dont really understand it. 1. the debt is for a loan so interest was added to the loan on appliction. 2. we havent missed a payment , but judge didnt care. 3.there solicitors have had over £700 in costs during the ccj and charging order. i have added in copies of the 2 ccj's and charging order.Could anyone help please. http://i1097.photobucket.com/albums/g344/mattyathers/ChargingorderreNatwestAug2011blanked.jpg[/img]"]
  7. Hi Andy, I have scanned the CCJ's before sending to payplan.They were only copies anyway looking at them. have just spoke to a lovely lady at the court who said just write a letter to the court asking for re determination. She said dont send the forms to payplan ( as you advised) earlier in the post. Even though i have sent the forms to payplan will it do any harm if i write to the court as the lady advised. Thanks
  8. Thanks Andy, we sent the original forms to Payplan to fill in our income/expendature. I just spent some time on google regarding Northampton bulk centre,and it seems that depending on who has dealt with it at the court,some people get huge repayments without looking at the forms. I rang payplan today and they said send the ccj forms to them and they will organise re-determination. i have posted them today special delivery.Dont know if I should have written to the court myself . Could I still write to the court even though I have just sent the papers to payplan.Or should I wait to see how payplan get on with it. Thanks
  9. We have been with payplan since aug 2008.We have made regular payments since then.The loan is a standard loan for £7000, and the overdraft is £3500. I have checked in the past the paperwork from the loan and all seems ok. The overdraft is full of charges. I have claimed in the past and been fobbed of with the court ruling.I written to them again this week regarding the charges. I just dont understand how northampton can expect us to pay £574 per month when we are on a dmp with payplan and have virtually nothing left when we pay out all our bills/food/ etc. I wa just hoping for a glimmer of hope that someone on her could put our mind at rest and that we can get the ccj reduce to a more mangable amount.
  10. Is that the only advice you can give me, we are breaking point. Regards
  11. Hello, shosmiths solicitors acting for natwest took me to court for a loan and overdraft.I am on a dmp with payplan,they filled in the paperwork and sent it back to the solicitor.I/we recieved a ccj today asking for £287.22 each, the original court form had us both on it,but today we recieved a seperate ccj for £287 each. That totals £574 per month, the original loan repayment was only for £129 per month. I have sent the ccj papers to payplan on there advice,what happens now
  12. Hello Just recieved new letters from shoosmiths solicitors,they have taken off the claim for the mortgage.There was no apology though.It caused great distress. I have sent complaints to the financial ombudsman, from myself and my wife . S now whatdo i do, the loan is ok the CCA looks perfectly enforceable. But they owe me a small fortune in bank charges. £2000, that without interest. So what do I do now
  13. Hello I have sent complaints to f.ombudsman for natwest and for shoosmiths, sent them recorded delivery. If natwest insist on pursuing this, can i defend the claim because the owe me £1,000s in bank charges,I have registered a claim with them.Obviously this is for th overdraft.The loan is a different matter, I requested a cca and its seems fine.
  14. Hello, thanks for the replys, its just a standard mortgage and never issed a payment in 10 years
  15. Hello, i will post scan up shortly, just like to say part of natwest claim is our current account(overdraft) that account is in dispute as the owe £3000 + in charges.So can they still go to the courts with that.thay have acknowledged the claim for bank charges
  16. Hi all, so far its a solicitors letter, but from past experience with natwest(tesco loan) they will go for a CCJ then a charging order.The mortgage is a joint mortgage.
  17. hello, myself and my wife are just entering into our 2nd year on a DMP with payplan.One of our creditors natwest have been ruthless in chasing us.They already have a CCJ and charging order for the tesco loan. They now have written to us via shoosmiths and are demanding the balance of our natwest loan and natwest overdraft £12,000 totalish. My letter just asks for the loan and overdraft, but my wifes letter demands the loan, overdraft and the MORTGAGE total £89,000. We have never missed our mortgage payment,and never missed on the DMP payments. Payplan havenet said much, they just wanted me to forward the paperwork to them.Has anyone got ny ideas.
  18. Just come back from court, all the great advice was to no avail.The judge made her mind up before i spoke.I gave really good points in defence,but it was granted. They only thing she put on it was, there will be no order for sale granted. Thanks for the reply's to my original post.Life moves on.So onto the next battle. Andy
  19. HOW DO I WRITE A WITNESS STATEMENT PLEASE I contacted Payplan in August 2008, as we were experiencing financial difficulties. I and payplan wrote to Tesco and explained the situation, with an offer of payment of payment we could afford. 03/10/2008 Tesco wrote to me and to my wife separately and accepted the offer of reduced payments. Tesco and incasso denied these letters 24/10/2008 Tesco wrote ant told us the account was being held with credit management services and they would periodically review it. 24/11/2008 another letter to each of us accepting our reduced offer. 29/11/2008 Letter from Triton credit services, saying pay in full or CCJ, Attacement of earnings or take our possessions. Also said our client request agents to visit you personally. 16/12/2008 Letter from Incasso solicitors request the full amount in 7 days, or legal action. 07/01/2009 Court hearing in Northampton County court, payplan filled in my paperwork, judgement came back with CCJ for exactly the same amount as my offer. 20/05/2009 Letter from Incasso Tesco solicitors, we enclose by way of service upon you , filed at court. Had the hearing moved to my local court? 11/06/2009 In court, I was very nervous and a bit confused as to what was going on. But basically the judge gave them permission to apply for a charging order, but it must not be enforced. They solicitor mentioned that correct payments had not bee received (but I was slow on the uptake and was to nervous). 11/08/2009 new letter from Incasso, basically going back to court for an interim charging order. That date is set for 25 sept. When all this began payplan said, because it is a joint loan and only myself was in court the payment should be split, £13.30 to incasso, and £13.30 to Tesco. They said incasso could then take my wife to court and get a further £26.60 from her. Payment Tesco have received since Jan 09. 13/01/2009 £26.60 via incasso 18/02/2009 £13.30 via incasso + 25/02/2009 £13.30 Via RBS(Tesco) so £26.60 in total. 12/03/2009 £13.30 via incasso + 18/03/2009 £13.30 Via RBS(Tesco) so £26.60 in total 15/04/2009 £13.30 via incasso + 16/04/2009 £13.30 Via RBS(Tesco) so £26.60 in total 18/05/2009 £13.30 via incasso + 22/05/2009 £13.30 Via RBS(Tesco) so £26.60 in total 16/06/2009 £13.30 via incasso + 16/06/2009 £13.30 Via RBS(Tesco) so £26.60 in total 10/07/2009 I told Payplan all £26.60 must go to Incasso so it did this month. I also in June + July Paid the full £26.60 via bank transfer to incasso. So in June + July they got £53.20 double what they should Have. So to add they have never not received the correct amount . There is no arrears The house has little or no equity It is our children’s home All other 12 creditors are great Payplan made errors in the payments It’s a joint loan and a joint owned house, but they are only chasing 1 of us.
  20. Hi, thanks for the reply's, Tesco did produce a true CCA.Im not sure incasso have acted within the law though.I will post the full story and hopefully get a witness srarement put together,thanks
  21. HELLO HERE IS THE LETTERS FROM INCASSO, WHAT DO THEY MEAN,DO I HAVE TO ATTEND,DO I SEND LETTERS TO DEFEND IT AND WHO DO I SEND THE LETTERS TO.HOW DO I DRAFT THE LETTER.
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