hi all, i am helping a friend in her bad financial situation after husband losing a job that cause her over commited on credit. we draw a budget and sent off letters to creditors together with her pro rata payment offer yesterday but today she received a letter from robinson way asking full payment of her debt and threatened of court action . she can not think straight anymore due to a lot of problems she had recently including some health issue, that is why i am trying all my best to help her to have a bit of relief from all of this.my question are since she admitted her debt by making a payment offer can she still CCA her creditor or just wait if the creditor will accept her offer? #2.does she need to CCA robinson way ?she has been pestered by rob way thru tel.can we send tel harrasmen letter? any help will be highly appreciated. thanks.

hi everyone, i would like to ask for some advise. i would like to know if i could still claim for ppi for my loan with CO already even if the money can go towards the balance of my CO, i would also like to know if i could still check the loan agreement at this stage and offer a F&F settlement if there is a problem with the agreement i know this is too late but i 'm just thinking it might be worth a try.here is the details. i have a charging order in my property granted to natwes thru shoosmith last oct 2008 there is no condition attached but order for forthwith payment , the amount was 26k loan and overdraft. currently i have no equity and i just continue paying shoos at 105/month via standing order in my bank (i've been paying them since 2007).i am just a bit worried as i failed to pay a couple of months due to some health issues with family.i dont even know if they are happy for me to continue that payment as i never heard anything since i recieved the final CO.i have also send them a letter regarding this payment and a request for annual statement but got no reply.anyway i will continue to pay them as normal this year. thank you and have a blessed new year to all!

hi all, i claimed a ppi on my loan taken in 2004 amounting to 25 k from halifax and this loan was paid off in 2006. i received a letter from halifax and they said that they will contact me regarding the details of the redress due to me.i am recently went into debt management and i have some account in halifax which are in arrears my question is, can they offset the amount of rederess they are offering against any of current outstanding balance with them even if this loan is different account from the one that i currently have with them.i know i will be able to get a quite good amount of money but i also want to share it with the rest of my creditors to reduce my arrears. is ther anything that i can do so that they can not take the whole refund ?thank you .

hi paul, On the 18th of April 2008 a Judgement or order given by Northampton County Court in Claim no. xxxxxxxxx,ordered the Defendant to pay money to the claimant a total of £ 26,110.00 or by instalment of £523.63 per month. i filed an application for suspension of a warrant and/or Variation of an order (n245) on 2nd of May 2008. The proceedings was transferred to my local court ,xxxxxxxxxxx Court and a hearing was set on 24th of June 2008 the judge decision on this : The Deputy District Judge Ward sitting at xxxxxxx county court at a hearing on 24th of June 2008 made the following orders. • Judgement payable forthwith. • The Defendant is to pay the cost in the sum of £ 88.13

another question Is one Subject access request will cover all of the account i had with natwest . like loan, credit card bank account etc. or n eed 1 SAR in each account? thanks a lot

hi paul, thank you sorry took me so long to reply as having problem with computer.anyway i dont have scanner i just write the judgement instead. final charging order. on 8 october 2008,District judge xxxxx sitting at xxxx county court ,xxxx xxxx heard the solicitor and the defendant in person and the court orders that 1. the charge created by the order made on the 21 aug 2008 shall continue. 2. the interest of the defendant in the asset described in the schedule below stand charged with payment of the sum of 25,771.17 the amount now owing under a judgement or order given on 18th april 2008 by the northampton county court bulk center in claim no. xxxxxxxx, together with any further interest becoming due and 208.00 pounds the cost of application. 3. the cost are to be added to the judgement debt. the schedule the address of the land or charged property is no. 4 xxxxxx. etc thanks again. ps. i would like to write to shoosmith to requst to consider stopping interest as long as i keep my monthly payment offer. what will n happen if they dont accept my offer? i am negative equity in my property.please help.

i dont have the copy of the agrrement nor any docs for that loan ,yes i have a copy of the judgement.thanks

I Gave My Defence On The Hearing ,my Payment Offer And I Also Asked To Stop The Interest But I Was Told By The Judge That I Should Give A Copy Of Those To Shoosmith Before THe Hearing Because Their Representative Can Not Decide On That and Should Inform Their Client First He Said they Are Entitled To An Interest. Who Can I Send The Sar Is It Natwest Or Shoosmith Soryy I Really Dont Know What To Do.thanks A Lot

hi paul, thanks for your help, the interest is 8% annual as mentioned in the court by the judge.yes there was a judgement obtained , and the debt is only in my name as well as the property. i did a big mistake on final CO hearing for not sending shoosmith a copy of all my request beforehand so the judge is not happy and granted CO without any attachment.thanks agai ,will send SAR tom.

hi ida, thanks.i did not do anything after the final CO was granted.i just continue my payment until this feb.regarding the claim i did not have any charges into my account but i would like to try a claim on ppi as this loan was a reconstruction of an old loan with ppi but i am not sure if that still possible? i will take your advise i wll send the offer to shoosmith and can i also ask about stopping the interest as long as i continue my payment? thanks

hi all, i have a loan and overdraft to natwest (26K) i offer 105 pound/month to shoosmith acting on behalf of natwest this is the amount i could afford to pay base on my income and expenditures,i am also on DMP.i continue to pay them although they refuse the offered amount until a charging order granted on oct 2008. ( i've been through a court process etc..) ii stopped paying them this feb 2009 as i dont have a written agreement that they accept that payment and they want me to continue to do so..today i received a letter saying that they require me a proposal for repayment of the amount outstanding i dont know what to do , i can only offer the same amount that i am paying before.please help . thank you

the set monthly payment that i would like to ask the court is after a CO is granted,since there is a large negative equity in my house whilst the creditor is waiting i would like to make a payment ,how about stopping int? sorry coz its really quite hard for me to understand this as i dont have any knowledge about court cases.thanks a lot

ok thanks ,and what i am trying to say is initially i will put my defence for Co like no equity, unfair to other creditors who accepted my minimum payment,child leaving in th property , but if CO will be granted ,whilst they put the charge in my property can i request the court a set monthly payment base on my disposable income and whilst i am not behind with the set payment no sale of my property will be granted and how about stopping the int and charges? thanks again.

hello all, i've been off the thread for a while my computer was broken and just using friend's computer as badly need help and advice re charging order. just a recap on my previous thread ,shoosmith acting on behalf on NatWest applied ccj for loan and o/d totalling 25k, forthwith judgement granted last 24th of june. received a letter from shoos yesterday containing interim co from court and a hearing date due on 8th oct. my questions are: should i sent a letter to the court outlining my defence prior to the hearing? if co granted during the hearing can i ask the court to set an agreement example. set monthly payment base on my budget, and as long as i am keeping my payment no order sale will be granted,stopping int and charges, no sale be granted as child below 18 is leaving in the property.how would i request this ?should i add this on to my letter of defence or i just brought up this if the co is granted?pls help. any help and advised is very much appreciated.thank you

hi mopster, sorry for late reply i've been working on night.i just transferred to cccs i was with kensington for my dmp, the amount i offered is 105/mo the total judgement is 26k,my mortgage is with natwest and i also have a secured loan from other company so really i have negative equity my fixed rate will end next year so i am worried how this CO will affrect my payment is this will be added into my morgage? can you help me for my letter?what will be the process if they will accept my voluntary CO and what are the risk or what will happen if they dont. thanks again and your advise is very much appreciated.

hi paul, thank you for your reply,just want to ask why would i need to send SAR?cca?and where will i send it ? to shootsmits or natwest?

Thanks Mopster For Your Great Advised , I Did Not Make Any Payment On The 550/mo I Applied For Redetermination Straight Away. Forthwith Judgement Of 26k. Shootsmiths Is Acting On Behalf Of Natwest Is It Possible Not To Write But Instead Wait For Their Application Of Charging Order And Just Accept It On Final Charging Order Hearing So That I Could Make An Offer Of Reduced Payment As Well As Request To The Court To Freeze Interest.is The Co Will Affect My Mortgage Payment?thanks

budget sheets was submitted with all thesurplus money that goes to all my creditor 13 in total with minimum payment accepted .no equity due to secured loan all this are explained to the judge but it seems that he is not interested and just keep on saying the number of years i will pay my debt with the amount i offered.

nothing was mention about the interest. received the letter from court yesterday . before deputy district judge ward sitting at xx county court upon hearing the solicitor for claimant and the dependant in person it is ordered that 1.judgement payable forthwith 2. the dependant is to pay the cost in the sum of 88.13 pounds dated 24 june 2008 i just want to know if i could still apply to vary the order coz tthis hearing is already an application for redetermination which uses n245 ,in the original ccj i could still opt for installment of 550/mon but after the application the judgement become a forthwith payment. it is a loan and overdraft, probably it is a cca regulated . thanks

thanks i've got no money here is my original thread posted in gen debt issue and NatWest i hope you will have time to read. thanks again. http://www.consumeractiongroup.co.uk/forum/NatWest-bank/148573-help-needed-court-hearing.html http://www.consumeractiongroup.co.uk/forum/general-debt-issues/149834-please-help.html

hi, is anyone can give me an advise on what to do, i already posted a thread regarding this problem but did not get much of advise any help will be much appreciated. i applied for redetermination(N245) for my ccj where in the court asked me to pay a high amount that i could not afford, anyway i attended the hearing for redetermination together with my letter of defence, budget, list of creditors and payment on arrangement the judge said it will take many years to pay my debt to the claimant as the installment amount i am offering is very small and the claimant solicitor said that it won't even pay the interest on the debt.so therefor judge orderered that judgement payable fortwith plus claimant cost for the hearing the judge also mention that if i dont pay the claimanat has the right for CO. my questions are . if the solicitor said that the offered amount does'nt even pay the interest,is the interest still continue after ccj? can i still apply to vary the order ,vary the form of payment via installment based on my fianacial statement?can i still use n 245 ? is it likely that if i apply to vary ,the judgement will be the same and i am just wasting court time. or should i wait and defend on their application of CO. thanks for any help.

yes but unfortunately the amount set in ccj is 550/month i could not afford it i just make a payment of 103 based on pro rata.that is why the judge decide a forthwith payment because he said it will take me 18 years to pay.

yes i did my willingness to pay based on my available funds,also explained that other creditors accepted my offer of payment .thanks

thanks babybear but how about if i dont have equity in my house ,according to the ccj letter if i am unable to pay legal action will take place that include sending bailiff and a charging order.i there a possibility of sending bailiff or they will just put the co.thanks

hi all, although did not get a reply from this post(posted in natwes thread) i just hope someone could give me an advice ,i've been to court today for my application for re determination given my defence I&E and list of creditor on arrangement in place,explained to judge that i could only afford t pay 103/mon as part of my available funds distributed to each creditors, i also emphasize that whilst NatWest is not accepting my payment offer i still continue to pay even prior&after CCJ and perhaps at higher rate in future, also its unfair to put a CO whilst other creditors is accepted my offer without any unnecessary condition. shoosmith rep acting on behalf of natwesr emphasize that the amount i am paying does not even cover the interest of 170/mon in this ccj and will increase my debt more, anyway the judge said it will take me 20 years to pay therfore forthwith payment granted. i said i could only afford what my offer is ,he said i just continue to pay the amount i could afford but NatWest has the right to apply for CO in my property.after the hearing the shootsmith rep told me that if they apply for co it does not mean that they wiil force me to sell the house ,told him that they can not get money eventhough i sell my house because of negative equity, he said if co granted it will be better for me coz i could request to freeze int and it will save me money . is that true? any idea what will happen next? iam thinking of going bunkrupt(total debt over 80thou) but my heart is breaking when my 9 year old daugther crying thinking that we will lose our house. thanks for any advice.court asked me to pay 26110.00 or 550/mon as per ccj.