natwest/incasso claimform - OD

[EYEBALLS01]

Hello this is my first thread so greetings to all.

 

I`ll try to keep a long story brief!

 

For various reasons my wife and I got into debt and 4 years ago entered into a DMP wih CCCS which up until recently was going ok and I was managing to increase paymnts slightly at each annual review.

 

Then without warning I got a letter from Northampton Court saying that Nat West though Incasso were seeking a CCJ for a £5000 overdraft which was part of my DMP. I sent off all the documnts althogh not much detail about my cicumstances but included a copy of my DMP and got an order to pay £650 per month. I normally pay £42!

 

I asked for a re determination hearing and a move to my local court but have now received a letter from Incasso asking that i contact them within 72 hours. I did this and although the CCJ cannot be cancelled to stop me going to Court and me incurring more costs they say that Nat West will agee to £115 per month for 5 years to clear the debt.This is a one off offer for 72 hours! Thy also threaten that the court may uphold he original ruling or award more than they are asking!

 

I will stuggle to find this money but am tempted. The CCCS wlil not accept this as I cannot enter into private grreements

 

I would greatly appreciate ay help or advice you can gve me

 

Thanks

[postggj]

sorry bit confused

have you all ready got a ccj or just the n1 claim form from northampton

[EYEBALLS01]

I have a CCJ for £650 bt have asked for it to be looked at again

[postggj]

incasso is a debt recovery dpt for a firm of solicitors

 

did the court tell you how much to pay each month when they awarded the ccj

[EYEBALLS01]

ok but they are saying that if I pay this extra per month they will write to th ecourt with this information and as long as I keep up the payments to them no further court acion will be taken

 

CCCS said that the court initially awards a high amount and I have to ask for a re determination locally which I have done

[postggj]

this is interesting

did you go to court at the time of the ccj

did they ask for income/expend

[EYEBALLS01]

No the Court was in Nothmpton. I live in Kent CCCS e mailed me a letter to send bak asking for a redeterminaion and change of venue. only sent a copy of my DMP hicd did sho income expndure My DMP pays £39 per month to a dozen creditors.his is one of my lower debts

 

Sorry that should be £379 per month

[postggj]

looking at this eyeballs, incasso are talking out of their backside

 

when you go back to the court, take with you a full income/exp list.

 

the court will only award what you can pay each month after all your out goings and priority debts have been paid.

 

if your income is low after all your out goings have been paid , a court will not make you pay more than you can afford

think about it,

 

the sols want £115 per month , you may end up paying £1 per month if the court agrees with your income/exp

 

list all your out goings, include food , utility bills, council tax, etc

 

the sols are confusing you so they can close the file quickly.

 

include your payments as well to cccs

[EYEBALLS01]

thanks appreciate your input never been to court before so a bit unerving. I`ll let you know how it goes

thanks

[postggj]

just tell inasco that they court will decide how much you repay each month

 

thats one in the eye for them

 

if you all ready have a hearing date, send the court your income/exp sheet in advance.

that will allow the judge to go over it in advance and will also put the judge in a good mood