natwest bank

[sandman131]

Hello i am new to this site and want some advise.

My wife and i have debts of £14 plus with natwest{loan and overdraft}

we have both been taken to court by seperate solicitors {shoosmiths and irwin mitchell}both cases were for the full amount each and ccj's registered against us both.we have now asked for agreements but her solicitor has told us they are not acting on her file but she is stilll paying them according to the court rules,my solicitor has been back to court and asked for a charging order in my name{wife is not on mortgage papers}we are paying the courts seperately for this debt,

any ideas what we can do?

 

we also have other debts we are have asked for the cca's but most of the dca are coming back with they will have to talk to the original companies,surely if they have bought the debt they should hold the paperwork!

[debt4get]

why has your solicitor asked for a charging order in your name?

are you sure? I would not recommend going down the charging order route it is a minefield.

are you also sure the debt figure is correct 14 pound seems an awful small amount of money

[debt4get]

they should hold the paperwork however, most dca's if you read around the forums are notorious for asking for money without the appropriate paperwork, it is only thanks to this site and sites like it that ordinary people now know they have rights and a way to fight these sc*m

[sandman131]

sorry should have read £14k not £14,it is not my solicitor it is the solicitor who has taken me to court[shoosmiths},the solicitor who took my wife to court is irwin mitchell{they say they cannot give us any papers as they are not acting on the file.canthey really take you to court if they have not provided any paperwork to the court

[babybear39]

Why didn't you defend the CCJs? there are probably loads of charges and interest you could claim back

 

SAR both original creditors ASAP to check for these charges.

[sandman131]

we did not defend the ccj's because we did not know how to go about it,court papers we filed online,hopefully now we will be able to reduce the debts,if they cant find paperwork can they be ruled unenforceable

[sandman131]

sorry do we subject access the bank or do we send this via the solicitors for the banks

[babybear39]

When were the CCJs granted? Were they done through Northamptom bulk centre?

[babybear39]

sorry do we subject access the bank or do we send this via the solicitors for the banks

 

SAR to the original creditor.

[sandman131]

both ccj's done at northampton but have been passed to the local court because both have been taken back to court, mine to get a charging order over the property and my wifes to try and get a higher monthly payment,{charging order granted but they say will not be actioned unless i miss payments and wifes payment kept the same and not increased}

[babybear39]

Did you provide the court with I & E information for the payments to be set at an afforable amount?

[sandman131]

yes we did but we asked for the payments to be set at £10 per month each as we have lots of debt {about £45k}before it went to court we were making token payment of £1 per month for about a year

[babybear39]

You now need to SAR each original creditor to see what charges, PPI etc. are on the accounts, with a view to reclaiming them.

[sandman131]

cheers will keep you updated

[sandman131]

had a reply from shoosmiths stating that because ccj has been awarded to natwest payment is due under the terms of the judgement rather than the original cca,bank is no longer obliged to provide info under section 77 of consumer credit act 1974.however they have ordered a copy and will forward it onto me in due course.they also returned my £1 payment to get my cca,what should be my next step

[babybear39]

You must pay the CCJ as ordered or risk them applying for a warrant of execution. If you can't afford the repayments you can get the order varied by going to the court and getting a form. This then needs to filled in as honestly as possible and then sent to the CCJ issuing court.

 

Have you done anything about the charges yet?

[sandman131]

have sar natwest hopefully will get rewply soon