Will lose my job through CCJ etc., Help !!

[JEB]

Hi I am a newby, but have been looking at this site for a couple of weeks now - now I need your help !!! My job will be gone if I get this CCJ against me, I have decided to defend this by going for an Application to set aside, but I think I've just blown it by informing the baddies of my intentions and why I think it will be granted. Also they have put an interim Charging Order on me. God, I feel sick with worry !!!!! Taken the day off work today as I feel too stessed and can't concentrate on anything Has anyone out there been granted one of these and how did they do it.

My plan is to say that:

 

CCJ

1. My job will be jeopardised (have wirtten confirmation of this)

2. Awaiting details on the Subject access request submitted to them.

3. Change my mind since original Original Claim for was signed and that

I now wanted to defend both the Loan and overdraft.

4. Am already in a dmp whereby other creditors have agreed (apart from

MBNA - rejected, FirstPlus - still pending).

5. Have Multiple Sclerosis and wasn't thinking straight at the time (don't

really want to throw that one in just yet case they think I'm a woos).

6. Mr Bank Manager didn't perform a proper credit check, nor did he look

at my account to see if I could "sustain the account until the end of the

term".

7. Wasn't treated fairly when informed them I was having difficulty.

8. Agreement was on the proviso that my credit limite to slashed to

£1,000 which it never was. Kept at £5,000

9. They opened up a nice new "Private Bank Account - Natwest" with all

the nice loans, insurances etc., - irresponsible lending.

10. Have no copy of my signed agreement.

 

 

Interim Charge on my Property

 

1. My illness

2. Haven't informed other creditors.

 

 

Can you guys think of anything else. ????

 

Took me ages to get this thread on the right board ......

[supasnooper]

Hi there,

 

Welcome to CAG.

 

The baddies would find out your intentions eventually so that doesn't matter.

 

Have a look at the links below for more info.

 

Charging Orders and what grounds you may oppose them -

 

Insolvency Helpline

National Debtline

A Guide to Charging Orders by Sequenci

 

 

Setting Aside a CCJ -

 

A Guide To Setting Aside CCJ's You Never Received

CCJ removal inc. step by step guide

Applying for a Set-aside

Spamalot - CCJ and interest on debt. ***WON***

Setting aside the original CCJ of your CCA

[JEB]

Thanks, will check these out - btw how can I remove one of these threads, as I've posted twice like a numpty. Just learning my way round the site. Or maybe leave it and get twice as much advice.

[supasnooper]

Thanks, will check these out - btw how can I remove one of these threads, as I've posted twice like a numpty. Just learning my way round the site. Or maybe leave it and get twice as much advice.

 

 

I'll sort it for you.

 

Tis done.

Edited June 10, 2010 by supasnooper
added info

[JEB]

Thanks

[JEB]

BTW, I've already offered a voluntary charge if they drop the CCJ..... but they won't do it. I'm not that bothered about the Charging Order, but obviously I would prefer not to have one. If I told the Judge this do you think he would think it unreasonable of them. This is all confusing me because if I win this Application to Set Aside then what happens with the Charging Order ?

[supasnooper]

BTW, I've already offered a voluntary charge if they drop the CCJ..... but they won't do it. I'm not that bothered about the Charging Order, but obviously I would prefer not to have one. If I told the Judge this do you think he would think it unreasonable of them. This is all confusing me because if I win this Application to Set Aside then what happens with the Charging Order ?

 

 

If your application to Set Aside the judgment is successful, then the Charging Order application is dismissed and takes the claim back to the starting point of the claimant having submitted an application to the Court for judgment on the debt..... and so you would begin the process of seeking disclosure of documents, compiling a defence, etc...

[JEB]

I've just emailed a nice letter off to Eversh*ts to see where they would agree to the set-side and informing them of my intention to defend myself. I'm already prepared with a postal order for this which I got yesterday, £75.00 or £40.00 with both parties agreeing. I am assuming Eversh*ts would be paying the other £40.00, but not sure on that. Also the post office charge was £7.50. Not fair that we have to tell the claimants why we want to defend, it gives them a chance to stick another boot it. I doubt whether they would agree !!! Snoops thx for the info, I feel much happier now. PayPlan said that I will have to take NatWest out of the DMP if I am going to defend the case.

[Docman]

Whoa, JEB, let's just hang on a minute. Keep the Postal Order in your pocket for the moment.

 

Now, from what I can gather from your posts, Eversheds have acted as the solicitors for Nat West, who have taken you to court and got a county court judgment against you and also a interim Charging Order to try and secure the judgment debt. And from you posted, there wasn't a copy of the loan agreement in the papers Eversheds sent to you and the court. Am I correct?

 

Eversheds should now try to make the interim CO a final one, after which it will act as a kind of mortgage. If you sell up, Nat West will have to be paid out. So first of all, have you been given a date by the court when they will hear the application to make the interim CO a Final CO?

 

Secondly, did you defend the original claim? if not, what was the reason? I ask becasue that is the kind of question you will have to answer if you want to succeed.

[JEB]

Hi Docman

No there wasn't a copy of the Agreement with the papers, but I have since asked for this along with any other information they have on me - Subject Access Request. They say they have requested the Agreement from the branch I held my account with, so they obviously didn't have it at the time it went to litigation.

 

I had been given a date of 9th July, but since I asked the Courts to transfer my CCJ hearing to my local Court, when applying for the re-determination, which they have done,. I am still awaiting a new date. Apparently Eversheds said this discharges the original Interim Charging Order which now also has to be heard at my local court and I have not got a date for that hearing yet.

 

No I did not defent, I didn't really think I had much chance of getting anywhere. It wasn't until I heard about my employment position that I started to get really concerned. That's why are decided to go for a set-aside. I need to fight this case to keep me in employment. DMP company advised just to sign it :-| probably a bit stupid of me. Anyway, I want to defend the loan and the overdraft now.

[JEB]

Forgot to mention that this is for a Bank Loan and an Agreed Overdraft facility which they have buddled together to make it easier on themselves.

 

How do I keep this thread going without it getting lost.

[Docman]

OK, Jeb, the fact that the debt is a loan and not a credit card doesn't matter other than one slight change in the Section number of the Act to quote. There are some differences with an overdraft but this can still be defended.

 

I'm a bit confused about the process you have gone through, so please forgive me if I ask a few basic questions. When was the claim form issued? Did it come from the Northampon County Court or the Bradford County Court? How were you told about the judgment debt [CCJ] and the interim CO? Can you post up the court orders that told you about the CCJ and the hearing on 9 July after taking out your personal identifying items ( name etc).

 

Finally, as the proceedings are still going on, Eversheds need to be forced to produce the paperwork. Instead of sending them any money, send them a letter asking for the documents and giving them 7 days to respond. The letter is often referred to as a request under CPR 31.14 and there are a number of templates letters on CAG.

 

Oh, and by the way, whilst Eversheds have a duty to act responsibly as officers of the court, their 'advice' can be easily mis-interpreted,especially by a non-lawyer who is scarred out of their life because of the court case. I suggest you apply the policy from the US military - Don't tell, don't ask.

[JEB]

Hi Docman,

NatWest have bundled my loan and overdraft into one claim.

Surely I should be able to defend these separately as they both have different agreements attached ie bank charges for the overdraft ?

Claim form came from Cardiff County Court.

CCJ Issue date: 25 March 2010

Date of Service: 31 March 2010

Date of post mark on envelope 30 March 2010

This was sent to Payplan (my dmp company), unfortunately I signed agreeing to all of the claim, which they advised me to do.

I now dispute this.

I then received a “Judgement for Claimant – after determination with a forthwith payment request”.

PayPlan then sent to the Court a “re-determination” to be held at my local County Court.

On the 21 May I received a N245 which was then sent back to the Court the same day saying that a “re-dermination” had already been sent to the Court within the specified time pointing out that this was an error on their part.

I was not intending to defend at this point in time. I was told of the possible CCJ when Eversheds send me a letter 12 March 2010 saying that NatWest would accept a reduced payment of £00,000,00 in full and final settlement but I would have to respond within 7 days.

I forwarded this to Payplan, albeit after the 7 days.

I knew nothing about the interim CO until it dropped on my floor. CCJ , I am awaiting date as it’s been transferred to my local Court.

Same with the CO.

The hearing on the 09 July had been for the CO, but this has now been discharged and due to be heard at another date at my local Court – as mentioned the date has not been set yet.

 

It was the court I was applying to for the set-aside and they would have received my £75.00. I think I will have to still apply for the set-aside to defend my case as I didn’t try to defend it at the beginning.

That will give me time to get all my paperwork together.

What paperwork should I ask Eversheds to send me ?

 

See my other thread - http://www.consumeractiongroup.co.uk/forum/legal-issues/263396-been-offered-legal-representation.html

Edited June 12, 2010 by supasnooper
removed formatting text

[JEB]

Oh dear, wrote this in a word doc and copied in ...... hope it's understandable !!!

[Docman]

Hi JEB,

 

Unless you have the advice from Payplan in writing, you are stuffed since you agreed that you owe the debt. The court is very unlikely to set the judgment aside just because you changed your mind. Did Payplan put anything in writing?

[JEB]

Hi Docman, been in contact with Community Legal Services Direct and explained my case and they seem to think I have a chance. I was going on advice by Payplan and not legally aware of the implications, also because of the fact I will lose my job, therefore, other creditors would be in detriment and that there is little chance of me getting further employment at my age and in the present climate. Plus my illness. They also think there may be a case for irresponsible lending. You know what Docman, I pretty much have to chuck what I can at the Judge to get this CCJ set-aside. A lesson learnt here I think. I have another post going which Supasnoop has asked me to undate with regard to the help I receive.

[JEB]

Took document N244 to County Court yesterday to have judgement set-aside, the hearing was due on 6th July 2010. Received this morning:-

 

General Form of Judgement or Order

 

Before District Judge XXXXX sitting at XXXXX County Court, The Law Courts, XXXXXX XXXX etc.,

 

Upon reading the case papers

 

IT IS ORDERED THAT

 

1. The claim having been transferred to XXXXX County Court, the hearing of 06 July 2010 is adjourned to the first open date after 28 days with a time and estimate of 5 minutes (the dated to be advised).

 

2. The interim charging order shall continue in force until the above hearing (to be advised).

 

Dated 28 June 2010

 

Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you much make an application to have it set aside, varied or stayed within 7 days of receiving it.

 

End;

 

OK guys what can they Eversheds/NatWest do to me now ? What does varied or stayed mean ? I need to be prepared. Thanks. This thing is giving me a headache !!!!

[JEB]

Just found out that has got nothing to do with the the N244 Application to set aside which I put in yesterday, as it is with one of the Judges now - I should know the outcome by the end of today.

Keeping everything crossed !!!!

[impecunious]

Just a kwick thought JEB - I applied to have a judgement set-aside last year (I was told I had a rock-solid case) - the set-aside was declined and I was ordered to pay the other side's legal costs - amounting to over £800 (which was reduced by the DJ to £550). OUCH!!!! I still haven't paid a penny towards the costs.

 

Good luck with yours!

 

 

 

Impecunious!

[JEB]

Impecunious - Just hope I get a nice Judge

[JEB]

I have applied to have judgement set-aside with court date on 9th August. I requested a subject access request from natwest for help build my defence, but have not heard anything back, their 40 days was up yesterday. Should I send them a letter or leave it until I go to court and then say to the judge that NatWest has not provided the information. Also I have now received a bad copy of the Agreement - what should I look out for on the Agreement and do the Sols for the other side need to provide the original at Court ?

[supasnooper]

Send Nat West a 7 day Letter Before Action reminding them of their non-compliance....there is one on the site somewhere.

 

Have a look at these links which may help you understand the enforceabilty of the paperwork (courtesy of 42man & steven4064) -

 

 

Is My Agreement Enforceable - Useful

Consumer Credit Agreements

 

You could ask the Judge to look at Civil Procedure Rules Practice Direction 16.7(3) which states the original agreement should be made available at the Court...................but each Judge is different.

[Hadituptohere]

'thankfully HHJ Wakeman QC handed down his judgment.

 

IF the agreement is illegible then it is foul of the Cancelation notices regs and then the court cannot enforce it, so , you would plead that the documents are illegible and you cannot plead as to the enforceability of the agreement at this stage'

 

Courtesy of pt

 

Hadituptohere

[Blondie40]

Jeb

 

You say you are in a dmp with PayPlan, did NatWest agree to accept the level of payments suggested by PayPlan and did you keep up the payments?

 

B40

[JEB]

Thanks Supasnooper.

 

Blondie40, NatWest would not accept the payments offered. I received a forthwith judgement which I obviously could not pay, so I asked for a re-determination. I then applied for the set aside as I decided to defend. I also have an Interim Charging Order to be heard at the same time. All other creditors have accepted the offered payments.