forthwith payment what else i can do?

[111honey]

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.

[manchester1]

111HONEY, Sorry cannot advice , iam sure someone can BUMP.

 

Manc1

[I've got no money]

No - you should deal with it now - if you wait until they apply for the Chartging Order its' too late

 

I think that you need to appeal against the instalment order on an N161.

 

Can you give us a bit of info first - how much is the ccj for, when was it obtained, what was it for - is it a CCA debt. Did you defend the claim or admit it. In fact could you post a copy the original summons, the original CCJ (with instalment order), your N244 and also a copy of the Order refusing your application to vary the instalment order - when was it made.

 

If you cross out anything that might identify you, case name, case number etc and we'll see what we can do.

[I've got no money]

Ignore me I meant the N245 - just lately I've been obsessed wth N244's...long story

[111honey]

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

Edited July 3, 2008 by 111honey

[sequenci]

Get the n245 in sharpish.

 

I'm not sure if there are grounds to appeal, if you have little surplus income and equity in your property there i a strong likelihood the judge could decide that a forthwith order is the most reasonble thing, which could allow the creditor to go down the charging order route.

 

You mention post-judgement interest, has the claimant requested contractual or statutory interest? Is it a CCA regulated debt?

[111honey]

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

[111honey]

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.

[mopster]

Hi Honey Well done for going through the redetermination and attending the hearing and sorry it didn't work out the way you wanted. How much is the forthwith judgement for? When you received the first judgement with the installment order of £550 did you make any payments or go straight for redetermination ? I don't think you need to do a N245 at all - indeed you have already done that,so what you need to do is negotiate with NatWest. Accept the charging order and offer them monthly installments at the amount you were trying for redetermination on. Write to Natwest stating your situation, tell them about the hearing and include your budget sheets. They will have to apply for a final charging order - I don't know if they have an interim one while the case was in the courts ? So when they do that you can go along to the final charging order hearing and put forward your case why installments are more suitable you don't want to lose your home, negative equity with the CO etc. so what I would do it write to Natwest saying Invite you to apply for charging order as security and will pay you £200 (or whatever) a month, heres my IE and circumstances I will increase this if things improve and go from there. Does that help? The Charging order will just sit there for years, yes judgement will most likely be added as it will be allowed for in the original judgement from the loan contract. We can have a look at that later on but write to Natwest first.

[mopster]

Charging order is nothing to be scared off - they just use it as securing the debt incase you stop paying again in future. I don't know your personal situation either, but courts don't like ordering sale orders for secondary debts....so keeping in touch with Natwest is your best bet. IMO.

[111honey]

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

[mopster]

Not really - well you could but wouldnt you rather be in control of the situation from the start rather than waiting to see what happens ? I'll help u with a letter if you have a go first. The CO won't affect your current mortgage payment no, but as with any CCJ/second charge moving to fixed rates etc in the future may be difficult. Do you have other debts need sorting out too or is this the only thing ? What was the redetermination amount you offered ?

[111honey]

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.

[mopster]

Okay honey I really think we need to go through this carefully from the beginning and look at the other debts and exactly what you have going on. We need to work out an amount to offer NATWEST that you can keep up with. Also need details on the other secured loan you have. And whats available on your mortgage etc. Two mins.