Natwest/Shoosmiths Court Action

[stressed2009]

Sorry another question for anyone who can help.... At the court hearings previously they had not applied for interest to be added to the judgement, can they now go for this and how would I know if they are doing so? I cant see anything about it in the paperwork the solicitors have sent me, I just want to make sure I am looking in the right places. If interest at 8% was added we would never pay it off the 150 per month wouldnt even cover the interest

 

I have been reading online on a few websites and most appear to give the impression that that if the debt is regulated by the CCA they cannot add more interest, am I reading this correctly?

[sequenci]

 

I have been reading online on a few websites and most appear to give the impression that that if the debt is regulated by the CCA they cannot add more interest, am I reading this correctly?

 

They cannot add statutory interest at all.

 

Post judgment contractual interest has to accrue separately from the judgment (they cannot re-sue for it either)

[stressed2009]

Sorry I am a little confused still what is post judgement contractual interest? They did not include statuatory interest in their original claim, so does this mean they cannot get it at charging order hearing now? Apologies if I am being a little silly had hardly any sleep last night thanks to two poorly children.

 

... Re-read your post again Sequenci, do you mean interest in accordance with the original agreement? If so, at the beginning of the loan term all the interest was lumped into it and a total amount for the whole 10 years including interest was the starting balance. Therefore, the amount included the interest due until the end of the loan term which would have been May 2015. So how would this work?

Edited March 1, 2011 by stressed2009

[Cadbury1879]

There will be no additional interest, at a C/O hearing ,it's simply that,a charge/restriction on the land registry.

Any interest is determined onthe original ccj.

There may be costs added though.

[stressed2009]

How should I format a document asking for conditions be attached to the charging order, I have been trying to do this all day. Should it be a WS or just a letter. Also, any ideas on what to put would be appreciated. I have been reading lots of threads in the hope of finding someone elses to give me some ideas on how to put it but havent found any yet?

[AndyOrch]

Any request for conditions or variations must be made via an application notice (N245)

 

Andy

[stressed2009]

I have written a letter ready to send off with my objections to the charging order being made final at the court hearing next week. Can I ask the judge at the hearing if I am unsuccessful in objecting the charge to apply conditions?

[AndyOrch]

Absolutley,

It might be worth seeing if any of your other creditors are willing to object to the Charging Order being made final especially if there are any who are owed significantly more than the original creditor. Alternatively you may well find that you have grounds to object to the charging order being made final. Any arguments that you wish to raise need to be filed with the court and the creditor at least 7 days prior to the Final Charging Order Hearing (CPR 73.8).

 

Regards

 

Andy

[stressed2009]

Court tomorrow am getting myself slightly worked up need to keep reminding myself not to panic

[Guest]

Court tomorrow am getting myself slightly worked up need to keep reminding myself not to panic

 

good luck tomorrow.

[Cadbury1879]

Don't worry to much, state your case.

This time tommorow it's done.

All the very best and good luck.

Cadbury

[underdog13]

Best of luck for today, Stressed2009:-)

[spamheed]

what time was this being looked at?

[stressed2009]

Sitting outside court in the car now hearing at 2pm quite scared now

[nometer]

Good luck

[spamheed]

any further news on this?

[stressed2009]

Well, as I expected they got the charging order

none of my points opposing it was enough to stop it according to the judge.

 

To be honest it is what I expected so am not surprised at that.

Although am waiting for the court paperwork to come through to check it says on there that no order of sale to be granted while payments are maintained.

 

The judge said this wasnt necessary due to the previous court hearing saying that the only form of further action they were only allowed to take was to apply for a charging order.

 

It got a bit muddled towards the end as I didnt agree with the amount outstanding on the paperwork as the amount he was saying was outstanding was the amount outstanding back in December when they made the application, I have made 4 further payments since then.

 

The judge refused to adjourn the hearing sending us out to agree a figure and telling him to call his office.

I assumed we would be going back in but we didnt so I feel a little confused.

[Cadbury1879]

Hi Stressed,

Well done for trying at court. I have taken interest in these C/O cases, and the courts seem to apply them, no what the arguments .

I think you will back to the payments originally given.

Makes me sick, that creditors manipulate the system to there own ends. Consumer credit changed secured, through loop holes in the law.Things need to change as this C/O route isn't right. Seen the arguments that C/O are better than Brctcy.Rubbish IMO, consumer debt should not be subject to either, only in extreme cases.

Sorry to rant,but the more I see on this and other forums the more angry I am about the court system in our country.

[sequenci]

I think both bankruptcy action and charging orders are legitimate enforcement tools when used within reason. The problem we have is with the creditors using these options for debts of a reletively small amount (in the grand scheme of things).

 

I'm sorry to hear that things didn't go your way in the hearing Stressed. Did the judge agree to conditions to the charge, such as no rights for an order for sale?

[stressed2009]

I am not sure he said there is no need for them due to previous orders wording and then it all got a little confused as we disagreed on figures. I thought we would go out to give their sol a chance to phone office confirm the amount outstanding then we would go back in but no court usher took the amount we agreed on and that was that. So now guessing I have to wait for court order to come thru.

[stressed2009]

Well, I am even more confused now the final charging order notification from the court has turned up....

 

It says... Upon hearing the solicitor for the claimant

and the court orders that

1. The charge be created by the order made on the XX April 2010 shall continue as modified by this order. - we had a variation hearing in June 2010 so surely this overrode the order made in April 2010 which granted us payments at XX per month, the order in april was forthwith judgement so now what does this mean?!

2. The interest of the judgment debtor XXXXX in the asset descibed in the schedule below stand charged with ..... - there is only my name on both my partner and my notifications from the court

3. The costs are to be added to this judgment debt.

 

Despite both myself AND the solicitor for them asking that a condition should be put in place that no sale as long as we keep up with the payments the judge refused this and said it wasnt necessary?!?!?!?!

Edited March 31, 2011 by stressed2009

[Cadbury1879]

Hi stressed

very strange, surely the redirmination in court, should Now

be the ruling. Puzzled by this myself.

Perhaps some one may offer some clarity.

 

All the Best

Cadbury

[stressed2009]

Sorry it should have said variation hearing but either way it should have still over-rode the first ruling surely!?

[AndyOrch]

Stressed, can you post up or type out the orders of April/June /2010 verbatim.

 

Regards

 

Andy

[stressed2009]

Hi Andy

I will type up the exact wording for the April order when i get home later this afternoon but it said something similar to 'the court orders that the sum of XXXX be payable forthwith.'

We then submitted the form for variation and had the hearing in June 2010, when the judge ordered that

"1. The judgement order made herein on the XX XXX 2010 is varied to privide that the balance of the judgement debt be repaid at the rate of XXX per calander month first payment by XX XXXXX 2010.

2. Notwithstanding paragraph 1 of this order the claimant have permission to apply for a charging order in order to secure the debt, if so advised."

 

Thanks

Stressed2009