Irwin Mitchell want more PCM on old Natwest Debt CCJ.

[Everett]

Irwin Mitchell took me court and gained a CCJ against me 5 years ago.

 

Payment was offered and excepted and has never been missed.

 

However, today they sent me a statement and despite paying over £70 a month I owe £3k more than when I started

and they now require me to complete an I&E form.

 

Do I have to do this seeing it is a CCJ ?

[PGH7447]

Nope, what ever the award was at the time of the CCJ is what you pay, unless they take you back to court - tell them to take a hike

[citizenB]

Were they allowed to add post judgment interest ? What did it say on the order from the court!

 

Apart from which, if the court ordered you to pay the sum of £70.00 per month, then that is all you need pay and Irwin Mitchell will need to take further court action in order to ask the Judge to increase the amount.

[BRIGADIER2JCS]

Hi, A couple of questions what was the CCJ for,

and what was the exact order made by the court?

It seems that interest is being added from what you

say.

What length of time did the court order that these

payments should be made over.

Does the statement of account show how your

payments are allocated, and what is being added

each month?

[BRIGADIER2JCS]

Hi, A couple of questions what was the CCJ for,

and what was the exact order made by the court?

It seems that interest is being added from what you

say.

What length of time did the court order that these

payments should be made over.

Does the statement of account show how your

payments are allocated, and what is being added

each month?

[Everett]

I telephoned them today and the balance was an error and they gave me the correct amount and no interest is being added.

 

However they are insisting they they are quite within in their rights to ask for an Income and Expenditure

update as according to themselves the CCJ was made on a temporary basis ?

 

 

Never heard this before ?

 

Shall I just ignore the request ?

[BRIGADIER2JCS]

Emmmmm, Have you got your copy of the judgement??

If not you need to get a copy and check exactly what the

the judgement was and on what terms the payments are

to be made.

Brig.

[citizenB]

Ok I telephoned them today and the balance was an error and they gave me the correct amount and no interest is being added.

However they are insisting they they are quite within in their rights to ask for an Income and Expenditure update as according to themselves the CCJ was made on a temporary basis ? Never heard this before ?

Shall I just ignore the request ?

 

What utter rubbish. You really need to know what the court order said. If it was only temporary, why have they waited 5 years to contact about an I&E ??

 

I think the first thing you need to do is to WRITE to them confirming the outcome of your telephone conversation. That they had misrepresented the amount outstanding and that YOU require a properly audited statement immediately, showing the correct amount.

 

At the same time you can confirm that there has been no change in your financial circumstances since the Court made the order. In fact you could state that due to the economical situation you are probably in a worst situation than you were at that time however, you will continue to honour the payment order made by the court.

 

HTH

[Guest]

ditto

one poss reason why they may be asking for updated info is as you suggest maybe that they want to consider applying for a variation to increase payments.

but, as citb says, judgment is 70/month and your circumstances have not improved, and may even be worse.

imo

[BRIGADIER2JCS]

It strikes me there may be provision

for review in the actual court order.

[citizenB]

It strikes me there may be provision

for review in the actual court order.

 

Which is why we need to see the order. However, my question still remains.. how come they have waited 5 years to ask for a review ?

[Bazooka Boo]

However, my question still remains.. how come they have waited 5 years to ask for a review ?

There's a recession on ya know! They want more money to buy chocolate hob nobs...

[citizenB]

There's a recession on ya know! They want more money to buy chocolate hob nobs...

 

Been so long since I had such a luxury.. you will have to remind me what they are

[Guest]

everett

ooi how much roughly is the total ccj for?

as stated above, unless the order says '.....to be reviewed by the court in x mths' or the like, then they can safely bog off?

if your circumstance are indeed alot worse, then you could consider applying for a variation to decrease amount of payments! a court fee though unless exempt. but, that would p them off

imo

Edited September 20, 2011 by Ford
typo

[BRIGADIER2JCS]

Mayhap that was a part of the

judgement order:madgrin:

[Guest]

Mayhap that was a part of the

judgement order:madgrin:

 

post edited

[Everett]

I have the Judgement in front of me its actually 4 years not 5 sorry !

 

But absolutely nothing ordering a review.

 

It tells

 

That I have made an offer of payment which as been excepted

It is therefore ordered that you must pay the claimant £xx.xx for debt

[and interest to date of judgement] and £340.00 in costs.

 

You must pay the claimant a total of £xx.xx

 

By instalments of £xx.xx

 

And the first payment to reach the claimant by 00/00/00

 

Absolutely nothing about reviews.

 

As for the interest that was agreed to be frozen by Nat West the OC.

 

Ok here is a copy of the CCJ.

CCJ irwin.pdf

[citizenB]

From reading what you posted earlier, I cant see anything to suggest they are able to simply ask you to increase your payments or prove that you can. It would appear to me that if they want to do that, then they must do it correctly and ask the court for a variation.. at which time you will be asked by the COURT to provide an Income and Expenditure sheet..

 

HTH

[Everett]

5 years ago,

despite paying the same amount through the CCCS

Nat West gained a CCJ against me to “give the debt some security” in their words.

 

They used the law firm Irwin Mitchell to do this.

 

Since then Irwin Mitchell have been administering the debt,

and I pay the amount to them every month ( via Standing Order ) without failure.

 

Just recently though, they have said they require an Income and expenditure form to be completed by myself.

 

Having took advice from this site ,

and nowhere in the CCJ does it provide for a regular review,

I ignored their requests ( four in total and in writing ).

 

However things have turned a little more sinister from Irwin Mitchell.

 

Two weeks ago I received a letter saying that since I had ignored their requests for an I&E to be completed

they where now considering obtaining a re - determination and applying for a forthwith-charging order.

 

Today I received a letter from them thanking me for my continued payments via standing order

but that they would no longer be using the account my payment is made into,

and I must contact them to discuss options to amend my payment details.

 

Surely they should provide a new account number and sort code if this is the case and not ask me to contact them to discuss options ?

 

I think this is a ploy to obtain a charging order by saying I have not made payments

after they return them because their account is no longer open?

 

What should I do?

 

Should I continue to make payments to the account as instructed by the court ?

[sillygirl1]

I would go back to the court with their letter and ask for a hearing for them to explain their actions - sounds very very odd to me - or you could do an N244 Variation and ask to pay LESS which would really really annoy them.t

 

The amount the CCJ was set at is fixed, and only the court can vary it now - especially after all this time.

[Bazooka Boo]

The bit about them changing the account you need to pay into is a ruse to get you to ring them and then be bullied lied and conned into paying more than the court order.

Formal complaint to these fools using their own complaints procedure http://www.irwinmitchell.com/aboutus/complaints/Pages/default.aspx

 

And then alert the legal ombudsman of their tactics http://www.legalombudsman.org.uk/

[PGH7447]

and for good meausre raise a complaint with the solictiors regulatory body as well

[Everett]

I noticed this morning when checking through my bank account that IM have returned my last two Standing Order Payments.

 

As they made it clear from the outset that they intended to gain a charging order against my property

I think that this is another underhanded tactic to get their wish.

 

What is my next move ?

 

Is it possible that the CCJ has been handed back to the OC ?

Or they have changed account details and failed to notify me ?

 

Should I send them a cheque/PO for the amount returned ?

[unclebulgaria67]

Yes send them a postal order or cheque and ask them for their new bank details for the standing order.

 

According to your post of 5 November they told you that the account used for standing orders was going to be closed and asked you to confirm new payment arrangements.

[Everett]

No!

After informing them that the CCJ did not require any kind of review, and then asking them for their complaints procedure and threatening to report them to the FO, they sent me a letter saying that it was computer generated and to ignore it.