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forthwith notice-payments 'varied' charging order help and advice needed


arley17
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Hello, I am new to the forum and very anxious.

I am self-employed, single, living in a jointly owned home in wales with some equity in the house.

I have total debts now of 22,000.(A credit card, overdraft and supposedly unsecured loan with Natwest, a credit card with another bank, and one other creditor- 200.00)

I had reviews at Natwest but each time at the end of the meetings they said they couldn't help, after initially saying they could.

 

My earnings had dropped significantly but gradually.

2007/8- 9304 gross/5575 net

This year has been slightly, but little better(!)

I fell behind on payments intermittently on the cards then the accumulating cc amounts, bills, charges, bank charges and overlimit fees finished me off.

I went to a free advice agency for help.They worked out what I could pay each month from my gross earnings.

Payments were made monthly to debt agencies for the banks.

One bank agreed to significantly reduced payments and halted interest.

Natwest though, has reduced payments for six months and halted interest on the credit card debt, but not on the bank loan or overdraft.

For this loan and overdraft-now a 9000 debt-I was advised to pay 7.74 a month.

At nottingham cc this was changed to 28.14, as a ccj against me. Payments were then made monthly to debt collecting agencies.

There was a redetermination hearing brought by Natwest.

Before the court the solicitor (?) for the bank said I should accept a charging order as it was in my interest, that I would pay the 7.74 with the charging order and could forget the 28.14.

I had prepared accurate financial information-but this was never asked about, nor was any account taken of my current financial position.(It wasn't mentioned).

I was under pressure from the judge to agree to a charging order- I didn't agree to this as the main advice I had been given was not to agree to one -I was made to feel like an idiot for not agreeing to one.

The judge had a letter (presumably from the bank/debt collection agency) saying it would take me twenty-nine years to repay the debt at 28.14 per month which he said was ridiculous -(I hadn't seen this or heard about it until the judge said it-I still havent seen it).

He said I had benefit of the money and that judgement was for Natwest.

The judgement was that the 28.14 'be varied so as to be payable forthwith'

And then added another 86.15 to my debt as costs.

I needed some help in person.

 

Any advice on what I should do next would be appreciated- do I send an access request-which one? would I qualify for legal aid or some legal help?

I am really stressed by this and can't face the thought of going back into that court alone again.

thanks,

arley17

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Hello Arley17

 

Have you thought about claiming back all of those charges yet?

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Hello ukaviator, Not before now...I've been looking for a template letter here- I didn't want to do anything that would antagonise the bank(?)or make thingss worse, or so I thought.

 

I've just found out that I can probably claim a fee remission for the costs as well because of my earnings.

Edited by arley17
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I think you need to get a data request from every bank, card and loan company you owe money to. Claiming back Credit Card charges are still ongoing, bank charges are on hold, but get your claim in the queue.

 

You should send a Subject Access Request to the companies involved. This is a request under the data protection act. Each request has a fee of £10, i suggest a postal order for their fee should be sent. When you get the data, look through overlimit, late payment fees etc, and claim them back. You can go back 6 years. The template letters required are in the links i have left below.

  • Haha 1

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Yes i'm afraid the paperwork shuffling is just beginning, but worth it in the end. Shout if you need assistance..

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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