Northern Rock - Charging Order

[lily09]

Hi

 

Sorry as always if I am writing in the wrong place but I am looking for some advice.

 

We have been following a Debt Management Plan with Payplan since about May this year and the majority of the creditors have accepted our offers and if not there credit agencies have .... that is all accept Northern Rock.

 

Thye have not been happy from the start and I don't blame them howeve the loan that we have with them is one of our smaller loans. It is unsecured and we have had it the longest.

 

We received a letter from a solicitors stating that the case had been taken to the Mayors and City of London court and sent us a judgement for claimant after determination.....firstly I am unsure what this is....is this a CCJ? On it they ask that we pay the balance to NR within 14 days. This is obviously impossible for us. We sent the paper work to PP and they said that they would try and get us a court case down here and that the case was probably not looked at by a judge but by someone within the court. This was at the begining of November and we haven't heard anything since. In the solicitors letter it states that despite the wording in the order it is unlikely that NR would expect us to repay the entire debt immdeiately......what does that mean!! It is like they are saying we have issued it knowing that you will fail.....

 

Then today I get home to find two letters from the solicitors. One to my partner and one to me. The debt is in his name - the house in both of our names.

 

It says that it is an interim charging order and application for charging order against our property and the hearing will take place in January in London.

 

Several things have come to mind....why is it still taking place in London when we have requested that any hearings take place closer to where we live in the South West. Also I am not sure whether I should try and prevent the order by stating the following which I have read from another website :

 

The debt is in my partners name and not mine and therefore it would cause me to be unfairly punished by forcing a sale or placing an order on the house.

 

The debt is one of our smaller unsecured dects (none of ours are secured) and this would give NR an unfair advantage over our other creditors.

 

All our others creditors have agreed with our payment plan and it is only NR which are not.

 

I don't know whetehr to try this myself or whether we should let PP deal with it again. Part of me feels that if I leave it PP will not dispute the order and only take us through it...

 

I am really not sure what to do for the best. I am really worried about this and just never thought it would get this far when we have not missed any payments and worked hard to try and put things right....

 

I'd be grateful for your opinion on this...

 

Many thanks

 

Lucy

[hungrybear]

bumping this up

[supasnooper]

Oh dear.

 

My uinderstanding of what you have written is that Payplan have admitted the debt on your behalf.

 

That will automatically allowed the court to grant a CCJ against you.

 

You will need to apply for a set aside of the Judgment ASAP.

 

Get a Form N244, fill in the reason you have applied for a set aside is that you were in a DMP with Payplan who misled you as to your legal rights.

 

Setting aside the original CCJ of your CCA

CCJ removal inc. step by step guide

 

This wil cost you £75.00 though to pursue this route.

 

Next, ring Payplan and ask them to return all the paperwork they hold on the case.

 

I'll post more later.

[lily09]

Thanks. I was thinking in the early hours of this morning that I need to get the paperwork back from Paypla. Can't do this until Monday now. I was really upset Friday as my partner called Payplan to ask what we should do next and they said they are unable to help us it is a legal issue but they helped to fill in the form for the CCJ the first time.....I just don't understand why they would do that then drop us. I am not sure whether we would have contested the fact that we owe the debt but I want the case to be closer so that we can at least go along and state what I have said above to try and stop the charging order. My partner almost feels like what is the point as our house is in negative equity and therefore they would not get anything if the house was sold but I think that if they get the charging order they could they could then set the amount we have to pay them back which would be more than we could afford a month and then they would be able to force the sale of our house.

 

I spoke to someone at the IVA helpline and they said the same as you that I need to get a N244 and then a N245 form. THey have also suggested that I get legal advice from the CAB.

 

I am not really sure what the N244 form does though? You say it sets it aside....what am I setting aside the CCJ or the Charging Order also if we admit the debt then surely I have no recourse on the CCJ but maybe could prevent the CO on the grounds I have already stated. I am just not sure what to do....

 

I don't feel prepared for any of it and it doesn't help that I don't really understand any of it....maybe we should just let it go as they would not get anything but I also feel it is wrong for one of our smaller creditors to do this when all the others are happy with our arrangement for now.

 

Just very disappointed with PP too. Can't believe they would do this....

 

Thanks for your help. Will look into getting the N244 form and hopefully go from there...

 

Sorry for going on but it is just going around my head....

[supasnooper]

The form N244 is what you'll need to complete to get the CCJ set aside.

 

If the CCJ is set aside then the Interim Charging Order is set aside as well.

 

Payplan, in case you didn't know, are partly funded by the financial institutions and are unlikely to bite the hand that feeds them.

Whilst they are useful to get creditors off your back initially, they are absolutely useless when it comes to helping you with a serious legal action such as what you have faced.

 

A good point you may want to put in your reasoning for a set aside is that you were misled by Payplan as you have now discovered that you could have defended the CCJ.

 

Speak to Payplan on Monday; asking them for any Court paperwork they hold and a written explaination for their actions in dealing with your Court paperwork.

 

I would advise you get your set aside submitted as soon as possible. The normal time allowed is 28 days from Judgment.

 

I would advise that you send a CCJ request to Northern Rock immediately.

It costs £1.00, print but do not sign your name and send by Recorded Delivery. Letter 8 in the link below -

 

The Consumer Forums - Debt collectors

 

I would highlight that there are two other options available to you -

 

1/ The first is to oppose the Charging Order but this will still leave you with the CCJ.

 

2/ You could request a redetermination of the CCJ; but again you will still have the CCJ.

 

It's your call as to what you want.

 

Have a think about what route you wish to pursue and post back.

 

You'll find there will be plenty of help here for you whichever route you elect to pursue.

Edited December 5, 2009 by supasnooper
changed pt - put, you - your.

[lily09]

Thank you. I'll think about it. Look at the forms and letters ect. Contact PP on Monday and get back to you...

 

Thanks so much for your help