DMP & Northern Rock

[vandermerwe]

Hi jga - I note what you say about Payplan.

 

I have a feeling, but could be wrong, that National Debtline (see message #22 above) work closely with them but don't let that put you off calling National Debtline because they have a very comprehensive and detailed range of fact sheets available by mail or to download. I found their adviser blunt and to the point when I called about bank charges "claim them back but open a parachute account first - a list of banks and the types of such account they offer will be in the post tonight". Their services are entirely free.

 

Personally I have used the CCCS (0800 138-1111) for about 15 months.

 

The first stage was a lengthy discussion with a counsellor in the North East somewhere. An appointment was made for a time for him to call me following which they set up a DMP for my debts. That's on a different number in Leeds and they can be difficult to get through to, but 8.00 a.m. usually doesn't present a problem.

 

The advisers are almost invariably friendly, non-judgemental, and quite knowledgeable. There have been very few problems in the time I have been with them and they do seem to keep the DCAs under control.

 

If I have any criticism at all it's that they tend to do everything 'by the book' and won't get involved in discussing the behaviour of DCAs by name on the, not unreasonable, grounds that "we have to work with them".

 

Being a charity, they make no charge whatsoever, unlike those gizmo refers to, and who deserve a wide berth.

 

I'll follow this thread if you give my scales a click (the grey blob between the green dot and the red triangle at the bottom left) as I, and I am sure many others, would welcome your opinion after checking both out.

 

Good luck.

 

Van

[conar686]

Mercantile Credit Co Ltd v Ellis in 1987

 

Anybody know where I can get the full info on this case, I'm trying to get a CCJ with CO set aside, this will add further info to my case

[payingonlyencouragesthem]

Anybody know where I can get the full info on this case, I'm trying to get a CCJ with CO set aside, this will add further info to my case

 

If you have kept up with instalments on a county court judgment then the court should not make a final charging order.

According to a case called Mercantile Credit Co Ltd v Ellis in 1987, a charging order should only be made if the payments on a judgment are in arrears or you were ordered to pay the judgment in one lump sum immediately (forthwith) and didn't pay. This case is very important. If you are in this situation and still have an interim charging order made, you MUST go to the hearing and take evidence that you have kept up with the instalments ordered and mention this case to the district judge.

Ring these people: Charging order | County court order | CCJ

[jga1912]

OK, CCA request is going off tomorrow.

 

Im going to give National Debtline a call tomorrow or email tomight, its just so frantic trying to fit it all in around work.

 

But Ive finally had a reply from Payplan to the emails ive sent on this & this was their reply:-

 

Thank you for your emails. I’ve just called Northern Rock regarding this situation and they said they will go through with legal action unless you start paying what you used to before the reduced payments. If you can’t afford to I’m afraid there’s nothing else we can do.

 

So thats it? Payplan wash their hands of it?

 

I really dont know what to do now..

[gizmo111]

Did you ring the housing association?

[jga1912]

Did you ring the housing association?

 

I havnt yet gizmo, been one of those days, but its on my to-do list for tomorrow, I will definately call them.

[jga1912]

Hi all

 

Well Ive sent off the CCA today, we'll wait & see what happens on that.

 

Been in contact with the housing assoc & all they say is the mortgage company has 1st charge, them 2nd & any loan against the property comes after that.

 

I think they are a bit confused so Ive dropped them another email explaining its an unsecured personal loan, that they are threatening to go for a charge with, wait & see what their reply to that is.

 

Had an 'Overdue Payment' letter from NR today for the difference between what I pay through the DMP & what the monthly repayment should be. Just asks me to phone & advise on how I intend to clear the arrears.

[hugelyrippedoff]

Hi, I am going through exactly the same with N rock at the moment, I have only been on DMP for 6 months but same as you they want the difference between the dmp payments and the full payments, they are getting right on my nerves phoning all the time saying the same things, they are threatening to attatch a charge to my house also, within 3 days I got letters saying, thank you for your income breakdown, (I never sent one as they havent asked for one), I am sorry we cannot accept your reduced payments, (they have accepted them for the last 6 months so whats changed?), then a letter saying that if I don't pay the outstanding arrears in full within 14 days they will start litigation, then the very next day a default and what looks like the start of litigation, (so much for my 14 days!) My Mother in law tried to pay them off, even offereing her total savings which amounted to 85% of the outstanding money but they wouldnt have any of it. I have 7 kids and am worried about the implications of this house charge thing!

Good luck anyway, it sounds like we might need it with Northern rock, will watch your thread!

[jga1912]

Hi all

 

Just a little question..

 

Ive got an 'overdue payment' letter from NR asking me to phone them with an explanation of how I intend to clear the arrears, which are the difference between the DMP payment & the correct monthly payment, for one month.

 

Now I now know phoning is a no-no, so do I write to them?

 

All a bit futile really as they know full well what the answer is, but I was wondering do I reply just to keep everything above board?

 

Thanks

[vandermerwe]

Yes, jga, write to the beggars and send recorded delivery, keeping the receipt or getting a print out of proof of delivery from http://www.royalmail.com.

 

The letter you need is barracad's letter D on 'Creditors and DCAs - Letter Templates'.

 

Hope it works - keep us posted.

 

Van

[sequenci]

National Debtline (see message #22 above) work closely with them

 

They use both Payplan and CCCS for their DMP referals, that's about it.

[sequenci]

I'm really sorry, but this information is slightly misleading.

 

The court can grant an instalment order if it is reasonable to do so and you're quite right, if there IS an instalment order in place then Mercantile Credit V Ellis would come in to play.

 

However, a court can also grant a FORTHWITH order if they think it is reasonable to do so (i.e. the debtor wants to offer small instalments yet there is sizeable equity). Please do not think that everyone gets the chance to have an instalment order because it is simply not true, in fact most people I've been helping in my day job have all been given forthwiths (especially from Northampton County Court).

 

If a forthwith judgment has been granted then a redetermination/variation application has to be arranged immediately.

 

 

 

 

As long as you fill in the Court form so they can see what you can afford monthly and keep the repaymants up they cant get a CO.

 

But if they get a CCJ by default (not replying to the court form) they can apply for a CO instantly...

 

According to a case called Mercantile Credit Co Ltd v Ellis in 1987, a charging order should only be made if the payments on a judgment are in arrears or you were ordered to pay the judgment in one lump sum immediately (forthwith) and didn't pay. This case is very important

[jga1912]

Hi all

 

Small question..

 

I sent the CCA request last wednesday, recorded delivery, with a PO for £1.

 

I been checking the Royal Mail website to track it, but still no details.

 

Anyone else had any probs like this, or am I just bloody unlucky, & should I send it again?

 

Cheers

 

jga

[vandermerwe]

Strewth jga, that sounds like Sod's Law.

 

You did send 'recorded delivery' (cost £1.04) and not 'certificate of posting'?

 

What exactly does Royal Mail website say?

 

Will you post on here the address you used?

 

Regards.

 

Van

[PriorityOne]

Hi all

 

Small question..

 

I sent the CCA request last wednesday, recorded delivery, with a PO for £1.

 

I been checking the Royal Mail website to track it, but still no details.

 

Anyone else had any probs like this, or am I just bloody unlucky, & should I send it again?

 

Cheers

 

jga

 

They are sometimes a little slow to update the website.... I had a reply from one of mine before RM had even updated that they'd received anything from me.

 

[jga1912]

Hi

 

Yup I sent it recorded delivery, £1.04 exactly..

 

Royal Mail website just says:-

 

Recorded Signed For™ items are only tracked after the item has been delivered. Depending on whether the item was sent first or second class, this may be a few days after posting. Please try again later.

 

Information on your item is not yet available online.

 

Address it was sent to was the one NR put on their letter:-

 

Northern Rock Personal Loans

Northern Rock plc

Selectapost 19

Rotherham

S97 3DG

[vandermerwe]

Good morning jga.

 

Can only suggest two things (after you've checked again):

 

1) Use the expensive 'next day guaranteed delivery' service - at least you get your money back if undelivered.

 

b) Use Northern Rock plc, Northern Rock House, Gosforth, Newcastle-upon-Tyne NE3 4PL.

 

The latter is their registered office, shown at the foot of all their letters (except the last two telling me I was overdue).

 

Makes you wonder what 'selecta post' is.

 

Keep us posted.

 

Regards.

 

Van

[jga1912]

Hi all

 

Not updated this thread because theres nothing to add until today.

 

NR did recieve the CCA request & replied saying it would be sent seperately, tho still hasnt arrived.

 

Following vandermerwe's advice to write to them about the 'overdue payment' letters they were sending, I used the template in the library & today I recieved a letter saying they are willing to continue with reduced payments for a while..

 

Dunno if they playing silly buggers or what, but its a bit of a relief that they seem to have come round..

 

Keep up the good work all