help needed court hearing w/ natwest

[111honey]

hi to all,

would like to get some advice ,already posted this but with my ppi thread.

 

sorry for this long history of my NatWest problem.

 

i took a 25k loan in NatWest in 2005 in my name , went into dmp nov last year, acquired 2k o/d in our joint a/c as NatWest use this to pay my loan.shhotsmith on behalf of NatWest applied for ccj and added my loan and o/d ,court ask me to pay NatWest 26,110k or 55o/month otherwise CO in my property. i Apply for re determination and i am due for a hearing on june24. i continue to make a small payment since my dmp started and as i previously offered amount that i could really afford

 

now there is anoter DCA called intrum justicia who are pestering/yhreatening home visit then court to my husband ask him to pay our 2k o/d where in fact this amount is already a court case but in my name.is there anything i can do with this?

 

any help and advice on what defence i could present to court ,i already fill in my expenditure/priority debt as well as the small payment made to other creditor which they alredy accept..

 

i dont have equity in my house and as i read this site somebody said that it is also unfair for other creditor to put a co in a property.

 

i am getting more anxious everyday thinking about my hearing is coming near, i should also cca NatWest first before this ccj since i took this loan to pay the old with large ppi.

 

thank you all ,any advice is very much appreciated.

Edited June 25, 2008 by 111honey
mistake

[111honey]

another thing as far as i remember i just telphone natwest to add my husbands name in my account and make it a joint account.

can he cca/sar natwest.is it possible that if there is no sign agreement of him in this bank account can he dispute this acct. thanks

[111honey]

hi all,

although did not get a reply from this post i just hope someone could give me an advice ,i've been to court today for my application for re determination give 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

Edited June 25, 2008 by 111honey
mistake in spelling

[WendyB]

BUMP!!!!!!!!!!!!!!!

 

Sorry Honey, I don't know enough to answer this but hopefully someone will come along who can. I have also pm'd you

[paulwlton]

The interest should have been frozen once the CCJ was obtained, unless of course there was a clause in the original agreement to apply post judgment interest.

 

I suggest you make a S.A.R - (Subject Access Request) and a Section 77 CCA request.

 

Paul

Edited July 11, 2008 by paulwlton

[111honey]

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?

[paulwlton]

hi paul,

thank you for your reply,just want to ask why would i need to send S.A.R - (Subject Access Request)?cca?and where will i send it ? to shootsmits or NatWest?

 

Looking at your total debt (80k) it may be better for you to enter into an IVA, although i believe there is a minimum monthly amount required.

 

The CCA request would reveal whether the bank has the authority to apply interest post judgment. The S.A.R - (Subject Access Request) will reveal what interest is being applied and when.

 

PW