charging order granted,what else they can do?...

[111honey]

hi all,

i have a loan and overdraft to natwest (26K) i offer 105 pound/month to shoosmith acting on behalf of natwest this is the amount i could afford to pay base on my income and expenditures,i am also on DMP.i continue to pay them although they refuse the offered amount until a charging order granted on oct 2008. ( i've been through a court process etc..) ii stopped paying them this feb 2009 as i dont have a written agreement that they accept that payment and they want me to continue to do so..today i received a letter saying that they require me a proposal for repayment of the amount outstanding i dont know what to do , i can only offer the same amount that i am paying before.please help

.

thank you

[IdaInFife]

if you are willing to pay £105 then pay it, whether they accept it or not.

 

you can make up your own income and exp sheet and send along a apyment of proposal of £105 and include £105 with the proposal and them state on hwat date and how you will be making future payments.

 

did you contest the charging order?

 

have you claimed back and unlaful charges on the natwest account?

 

ida x

[111honey]

hi ida,

thanks.i did not do anything after the final CO was granted.i just continue my payment until this feb.regarding the claim i did not have any charges into my account but i would like to try a claim on ppi as this loan was a reconstruction of an old loan with ppi but i am not sure if that still possible? i will take your advise i wll send the offer to shoosmith and can i also ask about stopping the interest as long as i continue my payment?

 

thanks

[paulwlton]

hi ida,

thanks.i did not do anything after the final CO was granted.i just continue my payment until this feb.regarding the claim i did not have any charges into my account but i would like to try a claim on ppi as this loan was a reconstruction of an old loan with ppi but i am not sure if that still possible? i will take your advise i wll send the offer to shoosmith and can i also ask about stopping the interest as long as i continue my payment?

 

thanks

 

Why are they applying interest?

 

Was a judgment obtained before the CO.

 

Was the debt in your name only?

 

I suggest you make a full SAR.

 

 

 

Date ******

Subject Access Request (Data Protection Act 1998

 

Dear Sirs,

 

Account Numbers:

 

As per the section 7 of the Data Protection Act 1998, "Subject Access Request", I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a true copy of the original signed executed agreement; statements of account; duplicate statements and/or print outs of all account transactions; all internal and external correspondence sent or received by you including memo’s, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, internal and external emails; any other information held on any/all types of media in any relevant filing system (microfiche included). I should receive your full compliance within a maximum of 40 days of this letter being recorded as delivered by Royal Mail.

 

I enclose the statutory fee of £10 by way of a cheque and remind you that you have a total of 40 days in which to comply from the delivered date of this request.

 

May I confirm, as the ICO has already, that the 40 day time limit is not to be used as a guide for responding to the request but is the maximum period allowed in law and that whenever possible a data controller should proceed with all possible expediency in fulfilling such a Subject Access Request.

 

I await your timely responses

 

Yours faithfully

[111honey]

hi paul,

thanks for your help, the interest is 8% annual as mentioned in the court by the judge.yes there was a judgement obtained , and the debt is only in my name as well as the property. i did a big mistake on final CO hearing for not sending shoosmith a copy of all my request beforehand so the judge is not happy and granted CO without any attachment.thanks agai ,will send SAR tom.

[paulwlton]

hi paul,

thanks for your help, the interest is 8% annual as mentioned in the court by the judge.yes there was a judgement obtained , and the debt is only in my name as well as the property. i did a big mistake on final CO hearing for not sending shoosmith a copy of all my request beforehand so the judge is not happy and granted CO without any attachment.thanks agai ,will send SAR tom.

 

The judge is wrong. The court has no authority to award 8% interest post judgment.

Send the SAR off then we can see what's happening with your accounts.

 

Paul

[111honey]

I Gave My Defence On The Hearing ,my Payment Offer And I Also Asked To Stop The Interest But I Was Told By The Judge That I Should Give A Copy Of Those To Shoosmith Before THe Hearing Because Their Representative Can Not Decide On That and Should Inform Their Client First He Said they Are Entitled To An Interest. Who Can I Send The Sar Is It Natwest Or Shoosmith Soryy I Really Dont Know What To Do.thanks A Lot

[paulwlton]

I Gave My Defence On The Hearing ,my Payment Offer And I Also Asked To Stop The Interest But I Was Told By The Judge That I Should Give A Copy Of Those To Shoosmith Before THe Hearing Because Their Representative Can Not Decide On That and Should Inform Their Client First He Said they Are Entitled To An Interest. Who Can I Send The Sar Is It Natwest Or Shoosmith Soryy I Really Dont Know What To Do.thanks A Lot

 

Send to Natwest.

 

Have you a copy of your agreement?

Have you a copy of the judgment?

[111honey]

i dont have the copy of the agrrement nor any docs for that loan ,yes i have a copy of the judgement.thanks

[paulwlton]

i dont have the copy of the agrrement nor any docs for that loan ,yes i have a copy of the judgement.thanks

 

Could you scan and post it?

[111honey]

hi paul,

thank you sorry took me so long to reply as having problem with computer.anyway i dont have scanner i just write the judgement instead.

 

final charging order.

 

on 8 october 2008,District judge xxxxx

sitting at xxxx county court ,xxxx xxxx

heard the solicitor and the defendant in person and the court orders that

 

1. the charge created by the order made on the 21 aug 2008 shall continue.

2. the interest of the defendant in the asset described in the schedule below stand charged with payment of the sum of 25,771.17 the amount now owing under a judgement or order given on 18th april 2008 by the northampton county court bulk center in claim no. xxxxxxxx, together with any further interest becoming due and 208.00 pounds the cost of application.

3. the cost are to be added to the judgement debt.

 

the schedule

 

the address of the land or charged property is no. 4 xxxxxx. etc

 

 

thanks again.

ps. i would like to write to shoosmith to requst to consider stopping interest as long as i keep my monthly payment offer. what will n happen if they dont accept my offer? i am negative equity in my property.please help.

[111honey]

another question Is one Subject access request will cover all of the account i had with natwest . like loan, credit card bank account etc. or n eed 1 SAR in each account? thanks a lot

[supasnooper]

If you list all your NatWest Account numbers on the SAR then they are duty bound to supply the lot.

[paulwlton]

Have you a copy of the original judgment from 2008?

[111honey]

hi paul,

On the 18th of April 2008 a Judgement or order given by Northampton County Court in Claim no. xxxxxxxxx,ordered the Defendant to pay money to the claimant a total of £ 26,110.00 or by instalment of £523.63 per month.

 

i filed an application for suspension of a warrant and/or Variation of an order (n245) on 2nd of May 2008. The proceedings was transferred to my local court ,xxxxxxxxxxx Court and a hearing was set on 24th of June 2008

 

the judge decision on this :

 

The Deputy District Judge Ward sitting at xxxxxxx county court at a hearing on 24th of June 2008 made the following orders.

• Judgement payable forthwith.

• The Defendant is to pay the cost in the sum of £ 88.13

[Dollydoo]

sorry to butt in but I've had problems with shoosmiths trying to get them to respond to my subject access request sent to them in February. I think this lot like to refuse ones offer of reasonable repayments until they get the charging order rubber stamped in court, then they accept your original repayment proposals. If they can't provide me with copies of court documents etc. can I then challenge the original charging order albeit its about 4-5 years old?