Help needed with nationwide ccj PLEASE!!!

[markybeats]

Hello to all i was wondering anyone can please help me as i have an ccj from the court ordering me to pay an amount i cannot afford for a nationwide(NW) creditcard.

May i start from the beginning.

In february 2010 when to CAB about my debts a nationwide and egg creditcard and nation account on an overdraft and struggling to pay them and was suggested to contact payplan(PP) to which i did and they put me on a DMP plan and send token payment until DMP set up.

had NW send all the usual letters, notice of sum in arrears, pay outstanding amount now. blah blah blah.

 

that was until the end of may when i received a phone call from NW about income and expenditure(I+E) and offer of repayment saying that they are aware of me working with PP but wanted me to give them my I+E which i agreed to via fax.

then on 11th of June received 3 letter from NW one of which was acceptance of reduced payments on a pro rata basis as long as they received payment by 6th july informed PP of this good news and to amend payment date.

that was until the 8th of july NW served me with a defult notice(DN) try to contact PP but had a look on the justabank website instead about DN and the web site said not to be concerned about as they are automatically generated when account has arrears on it and i need not contact them about it just file it away so i sent I+E and offer of repayment to NW anyway.

on 27th july received letter from KPR asking for formal demand of payment so contacted PP and sent I+E and offer of payment to KPR.

 

then on 29th july received a phone call from KPR asking for full payment of balance of which i said that im on a DMP with PP and NW have accepted DMP but they said that i was served with DN because of the payment was not received until the 9th july and cleared on 15th and i couldnt understand why this was as i send PP my payment every month on the 25th and that on the justabank web site says paid NW on the 6th july and they responded to dont care cant make payment today will start court proceedings and hung up. informed payplan and sent out I+E and offer of payment to KPR.

 

2nd august received final notice from KPRi so informed PP and sent out revised I+E and offer of payment due to an increase in tax credits due to over payment being paid up.

 

on 15th sept received a letter from NW legal services stating that NW has instructed them to make a claim for recovery of debt+court fees via county court, informed PP and sent I+E and offer.

 

on 23rd sept received court claim form contacted PP and they said if admitting to debt should fill out part of the form and send it to their legal team and they will do the rest and send it in to NW.

 

9th october received letter from NW legal services as to respond to my I+E and offer that it had been rejected(no surprise there) and a request for judgment was sent on the 4th oct, contacted PP and said wait and see what happens.

 

so today i have now recieved a judgment to pay NW payments more than i can afford and the wife and i are wondering where or what to do next i have contacted PP but i have my doubts i know that im entitled to a redetermination hearing thats why looked on here a while ago about it but am a bit wary as i dont know what PP put on my n9a form

 

any information really greatfully received

 

many thanks

 

markybeats

[markybeats]

Hello to all i was wondering anyone can please help me as i have an pending county court claim from nationwide(NW) current account/KPR

 

May i start from the beginning.

In february 2010 when to CAB about my debts a nationwide and egg creditcard and nation account on an overdraft and struggling to pay them and was suggested to contact payplan(PP) to which i did and they put me on a DMP plan and send token payment until DMP set up in march.

up until the 8th of july just got the usual letters,please pay outstanding amount and so on.

then on the 8th july received a DN from NW so done as to NW creditcard DN informed PP and sent in I+E and offer of payment.

on 17th july received a very confusing letter from NW saying that if i dont pay outstanding balance will instruct KPR to recover debt and will register DN (strange i thought they already had) and instruct sols to start legal action so i informed PP and sent out I+E and offer of payment.

31st july offer of repayment rejected if not contact NW within 7 days will issue DN so informed PP and waited till the 5th of august to send revised I+E and offer of repayment due to an increase in tax credits after paying off overpayment off 3 years ago.

6th sept formal demand letter from KPR and asking to contact them so sent out I+E and offer again.

19th sept discount without prejudice offer of settlement letter from KPR even though i never asked for it,(yep you guessed it) sent I+E and offer.

25th sept offer of repayment rejected from KPR, informed PP and sent out I+E and offer of repayment.

2nd of october received a phone call from KPR saying that if i could pay £75 into account NW would be happy with DMP explained that i didnt have £75 only what the I+E shows and they replied with "then sorry were going to have to start legal proceedings", informed PP

 

so i am asking is there anything more i can do or should i wait and see what happens getting very confussed and worried (misses is aswell) with all this as have already have a ccj against me from a NW creditcard

 

any advise greatfully received

 

many thanks

 

markybeats

[markybeats]

post 2 was supposed to be a new thread dont understand that?

 

i would still like to ask for help please on what should i put in letter to court about redetermination hearing?

 

suggestions greatfully reveived

 

mark

[AndyOrch]

Mark

Firstly welcome to Cag and apologies for the lack of response you are getting.

There is no such thing as a pending CCJ you either have received a summons or not.So there is nothing to redetermine at this stage.Retain all your paper trail and start to prepare your case should the above be actually received.

 

Regards

 

Andy

[markybeats]

Hello and thanks for getting back to me the reson i put pending ccj is that the last thing i know was the phone conversation i had with KPR is that the said they would start court proceedings to which i assumed that they would instruct SOLS to get in touch sorry for my missgivings i do appoligise for this.

I have sent a CCA letter to NW for my current account and am going to send a SAR on friday could you please help to where to send SAR or should it be to the same place as where i sent my CCA and do i leave the postal order blank or do i put pay NW on it.

 

also as to my NW creditcard i have sent the ccj form to PP and are wondering if it is to late for me to send an CCA and SAR and a POC

 

any advise greatfully welcome

 

many thanks

 

markybeats

[AndyOrch]

Hello and thanks for getting back to me the reason i put pending ccj is that the last thing i know was the phone conversation i had with KPR is that the said they would start court proceedings to which i assumed that they would instruct SOLS to get in touch sorry for my misgivings i do apologies for this.

I have sent a CCA letter to NW for my current account Current accounts are exempt from CCA and am going to send a SAR on friday could you please help to where to send SAR or should it be to the same place as where i sent my CCA and do i leave the postal order blank or do i put pay NW on it. Blank

 

also as to my NW creditcard i have sent the ccj form to PP ????? and are wondering if it is to late for me to send an CCA and SAR and a POC ????????

any advise greatfully welcome

 

many thanks

 

markybeats

 

Andy

[markybeats]

hello many thanks for your reply let me firstly apolagise for any confusion about this im not very good at all the legal things and sometimes may get a little confused by it all sorry again

 

I sent the CCJ document to payplan as i am on a DMP with them and they asked that when i received CCJ document to send it to them for they said that they would help me with the redetermination but im a bit concerned because i have no idea what they put on the N9a from that i got they just asked me to fill some sections out and then send it to them, i have asked them what happens when they receive the document do i need to start writing a letter to the court asking for a redetermination and their reply was:-

The request for the county court to amend their decision, is done by a variation

order (VO) by filling in a N245 form.

 

Our legal document handling will fill it in and will send it to you. You have to

sign and redirect to county court.

This will cost you £35

 

but i was under the assumption that to require a redetermination all you had to do is write a letter to the court and tell them why you think the decision is unfair and send along an I+E

and there was no charge for this as i looked on the directgov web site says

 

Redeterminations

If you cannot afford what the court has decided you should pay, you can apply to the court to look at your offer again. This is called a 'redetermination'. There is no fee for this and you must do this within 14 days of getting the order.

You can apply by simply writing a letter to the county court. Quote your case number, attach your personal budget sheet, and explain why you disagree with the order the court has made.

 

and as to the CCA, SAR and POC, i would like to have the information of the

what the claiment supplied to the court and i would like an SAR as to gather if i can

apply for penalty charges refund but mainly to see if the payment to NW in july from my DMP

was made in july to recieve the DN from NW as i cant access my account online as i have been

blocked out of it now

 

many thanks again

markybeats

[AndyOrch]

The website is correct and thats the correct procedure it can be done also using the N244 without fee.Ignore Payplan but keep your eye on the time as it must be done in time ie within 14 days of receiving the judgment.

 

 

Regards

 

Andy

[markybeats]

thanks andy

as the date on the court document is the 18th if i send it on the 27th would that give me enough time

 

many thanks

 

markybeats

[markybeats]

hi andy and everyone i have written a letter which will be sent off for a redetermination but first please could anyone take a look at it for me and tell me if i need to make any changes to it or if its ok as it is.

many thanks for your help so far its much appreciated

 

 

 

To the court manager

 

Case number: -

 

I would like to please ask for a redetermination hearing at my local county court as I disagree with the amount in the monthly payment set by the court on the xx of October 2010 as it would not give enough to pay my other creditors that I have on an debt management plan set up buy payplan as you can see in my income and expenditure that I have supplied with this letter, payplan id xxxxxxx.

 

I am in financial difficulty due to over committing financially as well as to my 3 year old soon and 9 year old daughter being involved in a terrible accident this time last year on the xx of October xxxx which left my son hospitalised for weeks and after being discharged from hospital to which he then required home care forcing me to take part time hours at work until he was fully recovered and returning to nursery allowing me to return to work full time.

 

I still struggled to pay my creditors the minimum payment required by them by paying one against another until in February when I went to citizen advice bureau and they suggested I contact payplan to which payplan set up a debt management plan and helped me contact my creditors about my situation and make offers of repayment.

 

I have a letter from nationwide dated xx of xxxx 2010 accepting an offer of payment of £xx.xx on a prorata basis with interest suspended provided that I return the credit card and made my first payment on the x of xxxx 2010 of to which I did i then duly notified payplan to amend any payment date I then received an default notice dated the x of xxxx 2010.

 

so as to my confusion I decided to look at my debt management online at justabank.co.uk and it confirmed that a payment of £xx.xx was paid to the nationwide credit card on the x of xxxx 2010 so I informed payplan of this and was informed that I was not to worry as you will receive defaults notices because you account is in arrears.

 

I have kept up with the manageable monthly payments via standing order to payplan whom then pay my creditors including the claimant on my debt management plan and I was able to increase my monthly payment to my creditors in august due to an increase in tax credits because of and 3 year old over payment finally being paid off thus increasing my payment to claimant to £xx.xx per month.

 

I do want to repay my debts just considering the current economic crisis and looming vat increase and my current financial difficulty I would not be able to pay the amount per month as set by the court.

 

I would therefore like to please ask that the monthly payment to the claimant be reduced to the amount of £xx.xx as devised by my income and expenditure as put together by my self and the assisted help of payplan and all interest frozen and accrue no further charges allowing me to pay off the debt I owe to the claimant

 

Yours sincerely

 

 

 

Name

 

 

any input greatly received

 

many thanks markybeats

[markybeats]

hello to all i thought the last post might be a bit long winded so i came up with a shorter version please could i have your advice to which one i should send.

 

shorter version

 

To the court manager

 

 

 

REDETERMINATION REQUSET under CPR 14.13

 

 

 

Creditor A/C No:

Claim Number:

Claimant: Nationwide Building Society

Defendant: Mr Mark Anderson

 

 

 

I would like to please ask for a redetermination hearing at my local county court as I disagree with the amount in the monthly payment set by the court on the xxth of xxxxxxx 2010 as I am currently paying all my unsecured creditors via a debt management plan via payplan. After paying priority debts and basic living expenses, each creditor (including claimant) is paid a pro-rata payment based on my level of debt and my available surplus income as set in my enclosed income and expenditure.

 

I do not deny that there is a debt and I want to repay my debts just considering the current economic crisis and looming vat increase and my current financial difficulty I would not be able to pay the amount per month as set by the court but ask that the court please considers the offer of a monthly payments of £xx.xx.

This amount is offered as a fair equitable proportion of my available surplus income and any higher award would mean that this creditor would be treated preferentially, to the detriment of my other creditors.

 

Whilst writing, I would respectfully request that interest is frozen and accrue no further charges from the date of the judgment in order to give me the opportunity to make full restitution.

And please would like to request that the claim is transferred to my local county court to facilitate my attendance at any hearing.

 

Kind regards

 

 

any advice greatfully received but i do have to send this of very soon

 

many many thanks

 

markybeats

[markybeats]

please can someone also tell me do i still have to make the full payment as set in the order on the date stated or will the redetermination request put a stop that as i can only afford the payment as in my dmp for this creditor which is about half of what the court order has stated and will i get a charging order on my property if i dont make this full payment

many thanks for all advice greatfully received

thanks

 

markybeats

[AndyOrch]

please can someone also tell me do i still have to make the full payment as set in the order on the date stated or will the redetermination request put a stop that Yes it will suspend but i would pay what the order says until you have your Redet in place as i can only afford the payment as in my dmp for this creditor which is about half of what the court order has stated and will i get a charging order on my property if i dont make this full payment not if the Claimant has not made application for a CO

many thanks for all advice gratefully received

thanks

 

markybeats

 

Regards

 

Andy

 

PS The short version will suffice

[markybeats]

many thanks andy will pop it in the post on monday, will have to see if i can borrow the money from me brother.

sorry to be a pain again but can i ask another question if i do make an payment of the full instalment and when it comes to my redetermination could they say well if you can afford it this time you can afford it from now on and keep the level of instalment the same regardless of what's on my i+e.

and the trouble is that the payment for my dmp has already gone to payplan by standing order so would it be ok if the payment ammount for this creditor as in my dmp gets paid into my credit card account as normal or should i get them to redirect the payment that would usually go to this creditor to the place on the order.

if i can borrow the money would it better if i pay the remainder of the instalment by cheque or could i use my bank card without the fear that they would make further withdrawals without my permission?

 

 

many thanks again and sorry to be a pain

 

markybeats

Edited October 24, 2010 by markybeats

[AndyOrch]

If PP are making the normal payment as per your DMP then just make the difference up until you are granted your new payment amount.Once finalised

inform PP of the new monthly payment amount.

 

Regards

 

Andy

[markybeats]

thanks once again andy

will send redetermination tomorrow now as i couldnt get to post office today but saying that i might not want to as seems that they have missed placed my CCA request to egg but might send it via guaranteed next day costs a bit more but guaranteed to get there :0)

 

could only borrow some of what i need might get myself to cash maker lol:0)

[markybeats]

hello all just a update court received redetermination letter today so hopefully get a response from that soon

 

hope all is good in the world of CAG today :0)

 

markybeats

[markybeats]

hi to all just an update received letter from swindon county court saying that redetermination transfered to my local county court just waiting for a date as of yet

 

hope all is well with you all

markybeats

[markybeats]

HI ALL sorry its been so long sine i last posted sorting out with other creditors, but got some fantastic news i had my redetermination with NWCC at the begining of feb and won the district judge said that the the amount set by payplan was resonable enough and that i have to keep paying that set amount with a review in 12 months time so i would like to thank andy whom helped me on this issue many thanks again :0)

now got to go through it all again with nationwide bank :0)

[AndyOrch]

Well done Marky now go get the rest8-)

 

Regards

 

Andy