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Northern Rock - CCJ and Interim Charging Order


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Hello everyone

 

Please forgive me if this post is in the wrong location .... I'm new to all this and have never requested help before!!!

:)

 

I have serious financial problems and have been receiving help from CCCS for the past year. They would not put me on a debt management plan (I think this was because I didn't have much off a disposable income!!) but with their assistance, a monthly budget was prepared and I began communicating with my creditors.

 

After lot's of to'ing and fro'ing, my creditors agreed to accept my reduced monthly payments and I've been paying them without fail. I won't bore you with the details of who my creditors are and how much I owe them etc, etc as it's not relevant to the help I am currently seeking. However, I can tell you that with the exception of "Northern Rock" (who I have 2 personal loans with) all of my creditors have been very happy to accept the payments I've been making and they stopped interest and charges. In addition, one of my creditors accepted a "full & final settlement" offer that my mother paid for me (the offer was made to all of my creditors but sadly, only one of them accepted

:( )

 

So this brings me onto the dreadful "Northern Rock" (or Northern "wreck your life" as they are known in my family!). As I mentioned, I've got 2 unsecured personal loans with them as follows:

 

Loan 1 = £15,907.47 and currently paying £35.55 per month

Loan 2 = £6729.56 and currently paying £13.34 per month

 

Despite numerous communications with Northern Rock over the last year, they refused to stop interest and charges and eventually, after receiving written and verbal threats, they issued legal proceedings against me. HOWEVER, THIS IS ONLY IN RESPECT OF LOAN 2 AS ON LOAN 1 (which is the bigger one!) THEY WROTE TO ME A COUPLE OF WEEKS AGO CONFIRMING THAT THEY ARE HAPPY TO CONTINUE ACCEPTING MY REDUCED PAYMENT OF £35.55 FOR ANOTHER 12 MONTHS AND WILL REVIEW THEIR POSITION AT THAT TIME.

 

Loan 2 was passed on to "Wallers Solicitors" who took legal action against me on behalf of Northern Rock. I received the claim form issued in the Gateshead County Court on 16.01.08 and as I admitted the claim, I returned the completed form N9A on 29.01.08 and offered monthly installments of £13.34 (which is all I can afford on a pro-rata basis).

 

On 05.02.08 form N30(2) Judgement for Claimant (after determination) was issued and the Court ordered me to pay the sum of £6759.56 forthwith.

 

Upon receipt of this form, I was obviously concerned so took advice again from CCCS who told me to write back to the Court and request re-determination under section 14:13 of the CPR. CCCS advised me that as the judgement had been set at an unrealistic amount, I should ask the Court to reconsider this and in support, to send my monthly budget summary and list of creditors.

 

I wrote to Gateshead County Court on 11.02.08 (enclosing my financial summary etc) and sent the letter by "1st class recorded delivery post" on 12.02.08 so they should have received it on 13.02.08 (I've checked the online Royal Mail but there is no information as yet on the delivery date!). In my letter, I pointed out that the judgement was unrealistic and requested re-determination. I also pointed out that as the judgement was granted without a hearing, I am entitled to have this re-determined free of charge and transferred to my local County Court if necessary.

 

Having sent this letter, I was under the impression (from the guidance I was given by CCCS) that the Court would look at my request and hopefully, see that I was paying the maximum amount that I can afford, and set the judgement at monthly installments of £13.34. However, I was also told that if they didn't agree, I could then go back to the Court again, this time with Form N245 and pay a fee of £35 in order for the matter to be reviewed again.

 

Today, I was amazed when through the post my partner (we are not married) and I received letters from Wallers Solicitors.

:eek: My letter told me that they were enclosing by way of service sealed judgement, Application for Charging Order and Interim charging order. My partner received a similar letter, although his made it clear that they were only seeking to charge the legal interest of me in the property.

 

I have read through the documents sent to me and cannot believe that Northern Rock have obtained an Interim Charging Order (N86). On the form sent to me, it says that on 06 February 2008, Deputy Judge Coulthard considered the application of the claimant ........ etc, etc. It then states that the application will be heard at 3.00pm on 22 April 2008 at Gateshead County Court.

 

The paperwork I have received today is causing me massive anxiety, especially as my partner and I are about to put our house on the market and I understand that the Interim Charging Order will now prevent us from doing this. I rang CCCS again earlier in a blind panic, but unfortunately, they say that they "can't really help because it's now a legal matter". However, they did say that they feel that I am being treated unfairly and should liaise with the Office of Fair Trading and the Financial Ombudsman Service.

 

I fail to understand how I can receive form N30(2) Judgement for Claimant (after determination) dated 05.02.08 ordering me to pay the sum of £6759.56 forthwith and then the very next day, the Court grants an Interim Charging Order on 06.02.08????????

 

Surely this cannot be correct???? It doesn't seem right to me that on the form dated 05.02.08 it says at the bottom "Note to claimant and defendant - either of you may object to the rate of payment fixed. You must apply to the Court with your reasons within 16 days". As I mentioned earlier, I applied to the Court for re-determination in my letter of 11.02.08.

 

How can the Gateshead County Court tell me I have 16 days to object, but a day later, grant an Interim Charging Order? Is there anything I can do to get this struck out as it doesn't seem correct? Can I make an application to the Court for this judgement to be set aside? If so, how??

 

My main concern about the Interim Charging Order is the fact that we want to sell the house. This is due to a massive increase in our mortgage (we were on a fixed rate which ended on 01.01.08) and as my partner and I cannot afford to fund this long term, we decided to sell and then rent somewhere. We have been trying to negotiate a private sale but this has fallen through, so we are planning to go on the open market with an agent on Monday 18.02.08.

 

Our mortgage is also with Northern Rock and I have already complained to them when they were suggesting that they were going to take legal action in order to secure the debt. I explained that my partner does not have any debts (the lucky thing!) and no responsibility for mine and therefore, by them obtaining an Interim Charging Order and preventing us from selling the house, my partner could be faced with defaulting on our mortgage and having financial problems of his own. It seems totally ridiculous that they are potentially forcing my partner into debt and could then be pursuing him for mortgage debt!!!! Northern Rock had no interest in what I was saying - they just told me that they want their money and are going to try and secure the debt!! How lovely and understanding of them, especially considering their own dreadful financial position!!!

:wink:

 

I really don't know which way to turn now and therefore, hope that someone can offer me some guidance please?? I don't feel that I have been treated fairly at all and feel angry that Northern Rock hold both loans, yet have taken conflicting action on both of them - why issue proceedings on the smaller loan yet on the larger one, confirm that they are happy to accept reduced payments for another 12 months?

 

Oh yeah, forgot to mention that on the housing side of things, it is unlikely that there will be enough equity (bearing in mind that I am only legally entitled to 50% of it as the property is jointly owned) to pay what I owe to Northern Rock in any event. I realise that this (and many other things!) are arguments that I could use in Court to object to a full charging order, but I need to take some action now as I don't think it's right that Northern Rock should get "1st bite of the cherry"!!!! Even though I've been told that the Interim Charging Order means that we can't sell, I can't imagine that Northern Rock will object to this because they want their money!!!

 

Also, am I right in thinking that when they applied for the interim charging order, they should have written to my other creditors?? I'm not sure if they have done this although their application form does say "other creditors" and that "the judgement creditor knows of the following other creditors of the judgement debtor: Please see the attached list" but there wasn't an "attached list"!!!

 

Right, I really have rambled on for way to long so apologies for the length of this post but I had a lot of information to get across!!! I look forward to hearing from anyone who can offer any help/guidance because at the present moment in time, I feel like taking a very long walk off a very high bridge!!!

 

Thank you in anticipation of your replies folks.

 

Kind regards,

 

lucyrocket

:)

 

 

 

 

 

 

 

 

i

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Lucy,

 

Sorry I dont have an answer to your plight, but i think you have been appalingly treated by the CCCs according to what you say about them advising on the court issue and then turning around and saying its a legal issue after its went so far as it has - they should have said 'legal issue' as soon as the northern focks started their legal action. Can I suggest you get yourself to a lawyer and see about legal aid ( Calculator ). Hopefully someone from here can come along and give some sound advice on your options now). Try contacting this service Community Legal Advice Centres and Networks

 

Good luck

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Hi Lucyrocket.I have the same problem with Northern Rock and Wallers solicitors.Like you I have been served with a charging order and this was done before my objection had reached the court.

I cannot undrstand why the court has agreed to this charge so quickly and not allowed my offer of payment to be discussed.

Today I have written to Wallers asking for the original CCA and also a letter informing them of my objection to this charge of my property.

Like you I am frantically seeking advice on this matter.

I will send my objection to the Land registry today , however cosidering the bias in these casing I can only wait for my case on April 7th.

Jus like you a jump of a high bridge is looking better each day.

Kind Regards Ronanpc

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hi lucy and ronanpc

 

my husband and i are in the same position - he has the loan with northern rock - we experienced exactly the same as you with the solicitors and CCJ and charging order - we wrote to land registry objecting to the interim charging order and got a 'hard luck' letter back - we have now filed to have the jedgement 'set aside' which i believe will then give us the option to put in a defence (takes you back to the beginning) - we let our DMC fill in the papers and they admitted the debt.

 

we go to court soon - we wrote to northern rock and wallers solicitors asking for copy of agreement etc., but to date have not received anything.

Northern Rock - loan - £6000

Beneficial credit card - £12+

GM Card - £13+

will have to look up the others have about 21 debtors totalling about £175,000

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Hi Lucy I haven't got a clue myself :(

 

But I have PM a couple of mods to come and have a look and maybe they will be able to offer better advice

 

gh

If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

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i wonder if any one can give me there opinion on what i should do next with regard to this loan to Northern Rock and inform me if the Agreement is correct and enforceable.....if not please advise what is wrong with it..........thank you

 

PLEASE PLEASE HELP - THANK YOU

 

Hi Soo

 

Best to start your own thread

if you're not how how have a look here http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html?highlight=dummies

 

Good Luck

gh

If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

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If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

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Hi,

 

I am in the same boat.

Read my thread which is on this site.

The only thing i have done with the help of the cag team is i am defending it.

Northern Rock are taking me to court in April but i will defend the charging order becuase the debt is un secured.

I feel for you all because i have felt like jumping off a bridge but that would leave two children with out a father.

See if anyone from the cag team can help.

Please do not give up and if you need to chat just PM me and i will give you my email address.

I wished i could help you more but i am new to this as well.

 

Kind Regards

 

Womble

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hi womble - thanks for your kind words - i fully understand how you feel - unfortunately on top of all this debt i can no longer work and this makes me feel totally useless.

Northern Rock - loan - £6000

Beneficial credit card - £12+

GM Card - £13+

will have to look up the others have about 21 debtors totalling about £175,000

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Hi Soo43,

 

Dont be too hard on yourself.

Alot of people are in the same position with debt and Northern Rock who surprise surprise are trying to claw back as much money as they can.

I am surpised the courts have rushed through a decision like a charging order.

Keep your chin up and you will get alot of great support from people on here.

 

Kind Regards

 

Womble

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I've been asked to look into this:

 

Hello everyone

 

 

Please forgive me if this post is in the wrong location .... I'm new to all this and have never requested help before!!!

:)

 

On 05.02.08 form N30(2) Judgement for Claimant (after determination) was issued and the Court ordered me to pay the sum of £6759.56 forthwith.

 

Upon receipt of this form, I was obviously concerned so took advice again from CCCS who told me to write back to the Court and request re-determination under section 14:13 of the CPR. CCCS advised me that as the judgement had been set at an unrealistic amount, I should ask the Court to reconsider this and in support, to send my monthly budget summary and list of creditors.

 

I wrote to Gateshead County Court on 11.02.08 (enclosing my financial summary etc) and sent the letter by "1st class recorded delivery post" on 12.02.08 so they should have received it on 13.02.08 (I've checked the online Royal Mail but there is no information as yet on the delivery date!). In my letter, I pointed out that the judgement was unrealistic and requested re-determination. I also pointed out that as the judgement was granted without a hearing, I am entitled to have this re-determined free of charge and transferred to my local County Court if necessary.

 

Have you called the court and found out if this has been considered? It is entirely possible it has not been considered yet.

 

Having sent this letter, I was under the impression (from the guidance I was given by CCCS) that the Court would look at my request and hopefully, see that I was paying the maximum amount that I can afford, and set the judgement at monthly installments of £13.34. However, I was also told that if they didn't agree, I could then go back to the Court again, this time with Form N245 and pay a fee of £35 in order for the matter to be reviewed again.

It may do that.

Today, I was amazed when through the post my partner (we are not married) and I received letters from Wallers Solicitors.

:eek: My letter told me that they were enclosing by way of service sealed judgement, Application for Charging Order and Interim charging order. My partner received a similar letter, although his made it clear that they were only seeking to charge the legal interest of me in the property.

 

I have read through the documents sent to me and cannot believe that Northern Rock have obtained an Interim Charging Order (N86). On the form sent to me, it says that on 06 February 2008, Deputy Judge Coulthard considered the application of the claimant ........ etc, etc. It then states that the application will be heard at 3.00pm on 22 April 2008 at Gateshead County Court.

 

Ok, this is pretty standard. Many people do apply for this after a forthwith judgement. it does not mean your re-determination request has been refused.

 

The paperwork I have received today is causing me massive anxiety, especially as my partner and I are about to put our house on the market and I understand that the Interim Charging Order will now prevent us from doing this.

An charging order will not prevent you selling your house, it will mean that some of your assets will be used to pay off the debt in the event the house is sold.

 

I rang CCCS again earlier in a blind panic, but unfortunately, they say that they "can't really help because it's now a legal matter". However, they did say that they feel that I am being treated unfairly and should liaise with the Office of Fair Trading and the Financial Ombudsman Service.

I would strongly recommend calling the national debt line

I fail to understand how I can receive form N30(2) Judgement for Claimant (after determination) dated 05.02.08 ordering me to pay the sum of £6759.56 forthwith and then the very next day, the Court grants an Interim Charging Order on 06.02.08????????

Once a forthwith judgement is granted, they can apply for a charging order. This pretty much automatically leads to an interim order. This doesn't mean any judge has done much thinking on the issue.

Surely this cannot be correct???? It doesn't seem right to me that on the form dated 05.02.08 it says at the bottom "Note to claimant and defendant - either of you may object to the rate of payment fixed. You must apply to the Court with your reasons within 16 days". As I mentioned earlier, I applied to the Court for re-determination in my letter of 11.02.08.

Your redetermination request must be heared before the charging order.

How can the Gateshead County Court tell me I have 16 days to object, but a day later, grant an Interim Charging Order? Is there anything I can do to get this struck out as it doesn't seem correct? Can I make an application to the Court for this judgement to be set aside? If so, how??

If the redetermination request is granted, the charging order will automatically be refused.

My main concern about the Interim Charging Order is the fact that we want to sell the house. This is due to a massive increase in our mortgage (we were on a fixed rate which ended on 01.01.08) and as my partner and I cannot afford to fund this long term, we decided to sell and then rent somewhere. We have been trying to negotiate a private sale but this has fallen through, so we are planning to go on the open market with an agent on Monday 18.02.08.

 

A charging order will not prevent you selling your house at market value.

 

 

Also, am I right in thinking that when they applied for the interim charging order, they should have written to my other creditors?? I'm not sure if they have done this although their application form does say "other creditors" and that "the judgement creditor knows of the following other creditors of the judgement debtor: Please see the attached list" but there wasn't an "attached list"!!! Yes, they should have written to the creditors, you can also inform them, BUT I WOULD NOT RECOMMEND THIS.

Thank you in anticipation of your replies folks.

 

 

In summary I recommend calling the national debt line.

 

It is common practice for judgement creditors with a forthwith judgement to apply for a charging order. Once that application is made, it is routine for an interim order to be made.

 

Your redetermination request will be considered by the court... you should be able to ask for a hearing if it is refused. Or apply for variation, as necessary.

 

A charging order, if granted, will be only against your equity, and will NOT prevent you selling your house at market value.

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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hi womble - thanks for your kind words - i fully understand how you feel - unfortunately on top of all this debt i can no longer work and this makes me feel totally useless.

 

Can I suggest posting in the formal solutions forum? Bankruptcy is a hard decision to make, but (once the funding is in place) a remarkably easy one to actually carry out.

  • Haha 1

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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Hello ladies & gents :)

 

Thank you soooo much for all your words of advice - it is much appreciated!!! Sorry that I've not posted a response til now but I've been feeling poorly. :(

 

Anyway, I thought you might all be interested to learn of the MAJOR SUCCESS that I have had with those lovely(!) people @ Northern Rock ...... At the same time as I posted my thread on here, I fired off a 7 page epic e.mail of complaint to the Chief Executive Officer of Northern Rock (Andy Kuipers).

 

I pointed out to him that as a financial organisation, they have a flagrant and abusive disregard for their customers with repayment problems. I also stated my belief that the refusal by Northern Rock to treat debtors either sympathetically, fairly or individually is a violation of the Banking code.

 

As I mentioned before, my e.mail was an absolute whopper and I'm still awaiting a formal reply so that I can pursue matters with the Financial Ombudsman Service because the way I have been treated is an absolute disgrace ..... I'm rather looking forward to hearing their excuses about why on one of my loan accounts (the one where I owe them the most money!) they agreed to accept the reduced payments for another 12 months, yet on the other, smaller account they have taken me to Court and got an Interim Charging Order on my house (which I'm going to be selling in any event!!)

 

Whilst I am waiting for a reply, I have still had a major success that has already been confirmed. Upon receipt of my complaint e.mail, the Chief Executive Officer responded saying that he was getting one of his "senior people" to review matters. I then received a telephone call from someone "senior" who confirmed that Northern Rock had:

 

(1) agreed to to set aside my CCJ

 

(2) discharged the Interim Charging Order

 

(3) cancelled the hearing for the full Charging Order

 

(4) would continue to accept reduced monthly payments for a further 12 months with a review to be done at that time

 

The relevant papers have been sent to the Court and the Land Registry by Wallers Solicitors (I was sent copies as well) and as you can imagine, I am absolutely delighted with the result that I obtained. It obviously pays to complain to the organ grinder not the monkeys!!!

 

In all seriousness, I would urge anyone with problems with this company to complain to them because in my case, it has certainly paid off. However, I think they knew that I had a very strong case against them because of the fact that I hold 2 separate personal loans, had defaulted on them both, yet the action taken on each of them was totally different.

 

Good Luck to you all

:D

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hi,

 

congratulations, i was in a similar situation and had set an email to the CEO last week. they also agreed to stop all proceedings, so i would defo recommend anyone in this situation emailing the CEO, there is nothing to lose by doing this.

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