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Natwest CCJ/CO for merged debts and post judgemental interest

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I located my Advantage Premier account booklet

and can see that I was charged £150 a year for the privilige of useless insurances etc so possibly a case of mis-selling.

 

I was advised to up-grade my account to keep my overdraft facility in which at the time I relied on

and when things eventually got worse, I then was requested to consolidate debts with a loan in which realistically I could not afford.

I know that it was stupid to agree to but I felt helpless at the time and felt pressured into it.

 

Things got bad to worse

in the end I could not afford to keep up repayments.

 

 

My finances were passed and addressed by a third party who agreed a set repayment plan with my creditors including Natwest.

This was ok for about six months or so but they refused to freeze the interest when requested unlike my other creditors.

 

eventually they demanded an increase in monthly payments from £50pm to £700pm which was not possible

 

 

before I knew it, not only was I issued with a CCJ but my debt had increased by another £8,000 including interest and charges.

 

I now have an agreed repayment plan with Irwin Mitchell since February 2008 in which I pay by direct debit.

 

 

I recently requested a statement of payments from them and NatWest.

 

Irwin Mitchell's cameback all in order as to what I paid

 

 

when I recieved details from NatWest they had been adding quarterley interest payments which stopped in Sept 2010,

 

 

therefore totals outstanding are different ?

 

 

Irwin Mitchell also confirmed that the judgement amount was full and final and no added interest ?

 

I know there are various issues involved but my questions are including the above :-

 

1) Can I still submit a Package Account mis-sale complaint to NatWest ?

2) Can I still submit a formal complaint to NatWest in the way that they addressed my financial situation at the time ?

3) Is there anything on the CCJ confirming about interest being added ?

4) Should Irwin Mitchell or NatWest submit a yearly statement ?

 

I would appreciate someones time in how to approach this and what to address first.

 

 

I recently submitted a SAR for everything pertaining to me including bank / loan account details and

NatWest / RBS could only locate bank statements from 2001 and a few letter correspondences but no loan / overdraft agreements ?

 

I have a copy of the original agreement but cannot see anything confirming post judgement interest being added.

 

Sorry for long post but there are quite a few issues to address and thank-you.

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1. yes

2,yes irresponsible lending

3.you'd have to get a copy, but unless the just SPECIFICALLY put that in the Judgement box, I very much doubt so

4.one or the other should yes.

 

 

were Irwin mitchell the sols? in the CCJ hope so!!

 

 

I would guess the primary complaint here is one of irresponsible lending.

then tag the rest on.2,3,1,4


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1. yes

2,yes irresponsible lending

3.you'd have to get a copy, but unless the just SPECIFICALLY put that in the Judgement box, I very much doubt so

4.one or the other should yes.

 

 

were Irwin mitchell the sols? in the CCJ hope so!!

 

 

I would guess the primary complaint here is one of irresponsible lending.

then tag the rest on.2,3,1,4

 

Cheers dx

 

Sorry who do I request a copy from ? Solicitors are Irwin Mitch and previously confirmed no added interest ?

 

No statements ever provided apart from when I asked - is it now a provision to provide details ? Even though account closed with NatWest should I still query added interest amounts or liaise with Solicitors ?

 

Ok so one formal complaint to customer relations ?

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well you've 2 choices really

 

 

get the whole thing poss wiped out

 

 

by sending in a complaint that you feel the loan and the issues running upto it amounts to irrespondanble lending.

 

 

or

 

 

copy the IM no interest proof to the bank and demand the interest being charged is removed and compensation issued?

 

 

dx

 

 

a


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well you've 2 choices really

 

 

get the whole thing poss wiped out

 

 

by sending in a complaint that you feel the loan and the issues running upto it amounts to irrespondanble lending.

 

 

or

 

 

copy the IM no interest proof to the bank and demand the interest being charged is removed and compensation issued?

 

 

dx

 

 

a

 

Ok dx will have to think about this one.

 

May go for the first one I think.

 

Shall I address possible Advantage Premier mis-selling separately or just all as one ?

 

I still have written evidence between bank, third-party and myself confirming unreasonable payment requests

and I was also constantly telephoned and harrassed by NatWest at the time.

 

They use to phone me at work all the time

sometimes three times a day and also when I got home.

 

 

I ended up having counselling because of the pressure

and in the end just gave up with their relentless pressure,

hence the CCJ / CO.

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if you take the first option and 'win'

 

 

the other issues like the mis-selling p'haps become irrelevant?

 

 

dx


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if you take the first option and 'win'

 

 

the other issues like the mis-selling p'haps become irrelevant?

 

 

dx

 

Ok dx thanks again.

 

I thought it wouldn't be that simple hence why I have delayed slightly and tried to collate as much evidence as possible.

 

Regarding Package Account misselling, I am only looking at four years payments totalling £600 plus interest.

 

Another question in respect of CCJ / CO - Once judgement debt agreed and installment monthly amounts, can NatWest or IM/Ascent request increase in payments at a later date ?

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NO contempt of court I expect

 

 

they cannot vary what the judge ordered

 

 

dx


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NO contempt of court I expect

 

 

they cannot vary what the judge ordered

 

 

dx

 

Well I have just located a solicitors letter Sept 2008 stating that their client wishes to resolve this matter with a one off payment or a review of my monthly payment plan.

 

CCJ/CO issued 31/7/08

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prob cause they knew it was dodgy and loaded with PPI/Penalties

and if push came to shove you'd find out it could be challenged to even being legal.

 

 

pretty std for those days sadly.

 

 

dx


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prob cause they knew it was dodgy and loaded with PPI/Penalties

and if push came to shove you'd find out it could be challenged to even being legal.

 

 

pretty std for those days sadly.

 

 

dx

 

Cheers dx

 

Just collating more information and doing a bit of research believe OFT rapped the banks knuckles so to speak in 2013 for their underhand approach to those in financial difficulties and CCJ's / Charging Orders.

 

Especially Natwest Credit Management Services - who were harrassing me no-end at the time :-(

 

Does anyone know if they are still about - Have located an address in Telford ?

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Cheers dx

 

Sorry who do I request a copy from ? Solicitors are Irwin Mitch and previously confirmed no added interest ?

 

No statements ever provided apart from when I asked - is it now a provision to provide details ? Even though account closed with NatWest should I still query added interest amounts or liaise with Solicitors ?

 

Ok so one formal complaint to customer relations ?

 

Further to the above dx, if I query with NatWest / Solicitor about the added interest on bank/loan statements up to Oct 2010 (stopped thereafter ?) will this be deemed as acknowledging the debt ?

 

The reason being is that I want to address this now rather than leave to a later date.

 

This was an unsecured bank loan / overdraft debt that was pushed through to a CO from a CCJ very quickly. At the time I had a DMP in which all creditors apart from NatWest / CMS agreed to and requested increased payment from £70pm to £700pm, in which I could no way afford.

 

Will there be any details regarding added interest after judgement on my loan agreement ?

 

I requested the above details as part of my SAR a while back but they could not locate details.

 

Sorry for all the questions but just need some clarity from someone.

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I am the sole debtor on an old unsecured bank loan but the mortgage is joint owned.

 

Is the CO therefore deemed as a restriction and not full ?

 

What evidence do I need to clarify this and what details should I be looking at on the original CCJ / Final Charging Order ?

 

Thank-you

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If its jointly owned property its a restriction. Its not what the ccj says its what has been recorded by the land registry.

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It will be a restriction K....check with the Land Registry

 

https://www.gov.uk/government/publications/charging-orders

 

Andy


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It will be a restriction K....check with the Land Registry

 

https://www.gov.uk/government/publications/charging-orders

 

Andy

 

Thank-you Andy & goodatresearch.

 

Sorry to sound stupid but do I just contact the LR and ask what ?

 

Also I have a copy of the interim charging order but no Final. Is there anything else I should have ? And if so where would I be able to obtain a copy ?

 

I see that on the N379 that my partner has been named under other persons served and she also has a copy addressed to her. Is this correct ?

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On the N379 see 4 what have they ticked ? a joint owner ? It is correct that your partner is named as she is the joint owner.

 

You are only at interim stage now ...hence no final...that's what the N379 is for.


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On the N379 see 4 what have they ticked ? a joint owner ? It is correct that your partner is named as she is the joint owner.

 

You are only at interim stage now ...hence no final...that's what the N379 is for.

 

Thank-you Andy for your reply.

 

Yes they have ticked joint owner. Therefore still a Restriction K ?

 

I do apolgise for the confusion but I have now located a Variation order (N35A) and the Final Charging Order (N87). Sorry so ignore my earlier comments regarding forms.

 

What I am concerned about is that there is a mention of further interest. The solicitor in which I make an agreed payment to provided a statement showing the balance to be decreasing as per payments made no interest showing ?

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If the loan is covered by CCA 1974 than interest cannot accrue on the charging order itself. Contractual interest mayapply, depending on the loan agreements terms, but that would sit in a seperate pot.

 

Where dies it mention further interest? Can you type up what it actually says.

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Yes its a restriction K...so they have their FCO...what is the variation order with regards to (N35a)?

 

Interest on judgments is only possible if over 5K judgment or if its allowed in the T&CS of the agreement or if its the standard section 69 8% and it must be requested within the claimant initial claim (particulars of claim) and also on the Notice of Judgment (General Order) N30


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All true. But statutory interest cannot accrue after judgment if the agreement is regulated by CCA 1974, even if for over £5,000. As stated, contractual interest may continue but they would have to sue seperateky for that.

 

Yes its a restriction K...so they have their FCO...what is the variation order with regards to (N35a)?

 

Interest on judgments is only possible if over 5K judgment or if its allowed in the T&CS of the agreement or if its the standard section 69 8% and it must be requested within the claimant initial claim (particulars of claim) and also on the Notice of Judgment (General Order) N30

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It can if it transferred to the High Court for enforcement by HCEOs, statutory interest can be added from the date of transfer but in the main yes you are correct.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?329861-Can-Interest-be-applied-post-Judgment-urgent-advice-needed


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If the loan is covered by CCA 1974 than interest cannot accrue on the charging order itself. Contractual interest mayapply, depending on the loan agreements terms, but that would sit in a seperate pot.

 

Where dies it mention further interest? Can you type up what it actually says.

 

Thanks goodatresearch this is what I am trying to address.

 

It was originally a unsecured bank loan and overdraft . DMP inplemented but they were the only creditors that refused freezing of interest and agreed mp plan , hence eventual CCJ / CO and the rest is history.

 

Agreed to £70 pm then requested £700pm :shock:

 

On the N35A Form it states

 

"It is now ordered that the defendant pay the claimant the outstanding sum including any interest, by instalments of £XXX for every month the first payment to reach the claimant by..................."

 

On the N87 Final Charging order

 

"......the sum of £XXXX the amount now owing under judgement or order given on xxxxxxxx by Northampton CC in claim no. XXXXXX, together with any further interest becoming due and £XXX the costs of the application."

 

Loan is CCA 1974 so why have they added quarterley interest on statements until Oct 2010 and then none thereafter ? So balances differ from Bank and Solicitor.

 

Do I address it now or leave be as I am concerned that by contacting the bank I am acknowledging the debt.

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Yes its a restriction K...so they have their FCO...what is the variation order with regards to (N35a)?

 

Interest on judgments is only possible if over 5K judgment or if its allowed in the T&CS of the agreement or if its the standard section 69 8% and it must be requested within the claimant initial claim (particulars of claim) and also on the Notice of Judgment (General Order) N30

 

Sorry I am confused how is this possible if I am the sole debtor ?

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