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RBS credit card claim won now new claim after sale by OC


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Sillygirl, they haven't got the order yet. What do you think about me writing to the court on the back of their refusal explaining that if the order is granted it would mean I could not afford to pay essentials like my mortgage. I just dont want the judge looking at their refusal and saying £600 per month and not looking at my income and expenditure. This is madness I have already filed a N244, does it mean I have to file one again.

 

HH

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Sillygirl, they haven't got the order yet. What do you think about me writing to the court on the back of their refusal explaining that if the order is granted it would mean I could not afford to pay essentials like my mortgage. I just dont want the judge looking at their refusal and saying £600 per month and not looking at my income and expenditure. This is madness I have already filed a N244, does it mean I have to file one again.

 

HH

 

 

If I'm right then there is a forthwith judgment in place and it is the Claimant that are asking for £600 per month and there is not Order for £600 per month?

 

You say you have already tried to make an application to vary the forthwith judgment to an installment amount, what happened with this? I assume you sent your I&E etc to Court then too?

 

The Claimant can ask for however much they like but you obviously wont be able to afford it and so they will probably look to enforce the Order (which they could just do straight away anyway as they have a forthwith judgment). You could try and vary it again but if the Court hasn't allowed it once I doubt they will second time round.

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Thanks Ganymede for replying

 

Here has what has happened so far. Judgement was ordered forthwith. I immediately made an application for instalment, the Claimant has refused that offer and has said it will take too many years to pay off but they would like a monthly payment of nearly £600. There is no order for £600 at the moment. My application and their reply iis waiting for a judge to consider. What I need to know is whether a judge will just grant what they ask for.

 

HH

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Thanks Ganymede for replying

 

Here has what has happened so far. Judgement was ordered forthwith. I immediately made an application for instalment, the Claimant has refused that offer and has said it will take too many years to pay off but they would like a monthly payment of nearly £600. There is no order for £600 at the moment. My application and their reply iis waiting for a judge to consider. What I need to know is whether a judge will just grant what they ask for.

 

HH

 

 

 

In that case you have done all you can. The DJ will look at both sides and come to a decision on the payment rate.

 

Did you request a hearing or an Order made on the papers? If so you just have to wait and see.

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I think that one of Hammy's questions is whether or not to go for a hearing or just let a judge look at it. I would investigate getting help with court fees if on a low income as IMO a hearing would be better however a court should NEVER force you to pay more than you can afford. However I think that this shower are considering some kind of charging order. You must make sure your I and E is spot on and covers everything you can include

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  • 2 weeks later...

Still no word from the court. I even reduced my food bill in order for me to pay what I could afford.

 

I quite understand where they are coming from as it would take a lot of years to pay off but blatantly not even looking at my expenditure they seem to think that I can survive on £300 per month to pay my mortgage and utility bills, get to work and food. Outrageous behaviour. I just hope the judge sees it that way.

 

They can go for a restriction on the property, they will joint a long line and probably wont get anything when we sell anyway. I haven't heard that they have applied, they have obviously looked at the office copies at the land registry and thought s**t no chance there!!

 

HH

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Still no word from the court. I even reduced my food bill in order for me to pay what I could afford.

 

I quite understand where they are coming from as it would take a lot of years to pay off but blatantly not even looking at my expenditure they seem to think that I can survive on £300 per month to pay my mortgage and utility bills, get to work and food. Outrageous behaviour. I just hope the judge sees it that way.

 

They can go for a restriction on the property, they will joint a long line and probably wont get anything when we sell anyway. I haven't heard that they have applied, they have obviously looked at the office copies at the land registry and thought s**t no chance there!!

 

HH

 

 

I would call the Court on Monday to find out where they are up to.

 

There is currently a forthwith judgment in place and if even the DJ sets the payment rate too high to afford you are effectively in the same position you are in now.

 

The Claimant know you can't afford £600.00 pm and probably don't even want you to pay it as they want you to default so that they can apply for a charging order.

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  • 2 months later...

Just received the Order. No hearing Judge decided that payment to be made by 2014 which in my head I would have to save up approximately £500 per month to pay this in 2014. Is he/she for real. Can I make another application showing my income/expenditure yet again and explain that even though payment in full by 2016 this would mean I would have to pay £500 per month.

 

Help would be appreciated. I cannot believe despite me making an application to vary and showing that I could only afford £40 the Judge has ignored this.

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Hammy I think you need to apply for a hearing to get the £500 reduced. Better to go in front of a judge with all your income and expenditure details. How much can you afford each month?

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Thanks Ell-enn, I haven't been ordered to pay £500 but because it says payment by such a date I will have to save up about £500 per month. I offered £40 but this was back in March. I had already slimmed down on the food bill to pay this. I have just been told that my gas and electricity is going up by another £30 per month. Don't even know what to do. I thought because it was an order I could not appeal or make any application to vary. Can this be done.

 

In all honesty If I have to save up to pay this the only thing I could pay would be my mortgage nothing else would be paid and I thought that priority items like council tax came first. I think the judge has looked at their letter and said okay we will give her to such and such a date to pay and not looked at my expenditure. My expenditure is true and honest I have not exaggerated anything, in fact I have not allowed for clothes, shoes or incidentals because I cannot afford them and then this lands on my doorstep.

 

Much help would be appreciated.

 

HH

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Hi Hammy

 

Have you rang the court & asked why the financials may have been ignored, its should not seem right to pay out for an application again if your I & E are to be ignored. Can you not just send a letter headed Redetermination appealing it submitting it for proper inspection again with the orig docs you sent?

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Hi HH, just reading your narrative for the first time. The good news is that you now have some time to decide what you want to do. The bad news is that the debt is still there. My question is, if the debt is so large, had you considered going for bankruptcy? More importantly, is there any reason why you should not go for bankruptcy?

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Thanks to your replies, Matt, I had no problem with paying £40 per month for ever, I know the debt is large but I cannot apply for bankruptcy due to the employment I am in and obviously OH will lose their employment because of my situation.

 

They have not applied for a charging order for some unknown reason.

 

Do I make another application or send a letter like Westie suggests. I dont want to leave it too long in case they ask why I had not appealed earlier.

 

HH

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I cannot apply for bankruptcy due to the employment I am in and obviously OH will lose their employment because of my situation.

 

AFAIK, you can go bankrupt whilst being employed, and why would your OH lose their employment because of your situation?

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Because of the industry they work in, no immediate family can be made bankrupt. Dont know why, it is in their contract.

 

Do I have time to think about this or should I just write to the court and explain again my circumstances and that even in a couple of years time I would still be no better off so come the time to pay this I will not have the money.

 

HH

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Hi Hammy I would phone the court, although they cannot give advice I have found several court officers have made suggestions that have been very helpful. My first thought would be the same as Ell-en's and go before a DJ with all your paperwork and proof of I&E etc.

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  • 3 weeks later...

Still awaiting to hear from the court but in the meantime I have received a notice of change of solicitors - why.

 

Also is another letter enclosing an Income and Expenditure form asking me to fill it in and what my offer of repayment is or my lump sum payment offer!!

 

No mention of the order.

 

I am confused. I dont want to fill it in as would rather wait for the court.

 

Anyone help

 

HH

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  • 2 weeks later...

Help please, I have now received another letter from them with another I & E saying if we don't hear from you within 7 days we will take further action without further notice. What do they mean

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Help please, I have now received another letter from them with another I & E saying if we don't hear from you within 7 days we will take further action without further notice. What do they mean

 

 

 

Don't you have an Order giving you until 2014 to pay in full?

 

The Defendant can't take any enforcement action until you default... In 2014!!

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Thanks Ganymede, that's what I thought, co-incidentally these are the solicitors that started it all off in the first place, I then filed defence, I then received notice of change from new solicitors and now that I have the judgment it is back with the original solicitors. Yes the judgment states "payment by ____ 2014. It certainly does not say anything about monthly installments. How can they enforce this.

 

They are asking what my proposals for payment are per month or do I wish to make a lump sum payment. I am finding it very confusing. The other solicitors obviously couldn't be bothered waiting until then so now new solicitors have taken over.

 

I am going to make another application to go in as a hearing as this is ridiculous. Waiting for the court who says there is a backlog. I would like to start paying this back although I know I have some time ie 2014 :lol:

 

HH

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Just to confirm, this new correspondence is from a different firm of solicitors regarding the same debt? I cannot see any harm in replying to them, offering £25 per month and enclosing a revised income and expenditure sheet that supports this. If they accept it, then great, if not then you are in no worse a position.

 

Are you actually making payments at the moment?

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