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murphy26

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Everything posted by murphy26

  1. Thank you for your replies - I think I will make a complaint about the judge - but I will have to word it correctly - basically ensure it is about the judges behaviour rather than his decision - any ideas for wording this would be great.
  2. Yes the Judge made three points: 1. I could pay only a certain amount 2. I would probably go bankrupt 3. I would lose my home I had previously explained I had no wish to avoid the debt and had not done so at any time, I actually only was unable to pay from May - and get everyone fully informed - so in a six month timescale - I have been taken to court twice and the next time the interim charging order - amazing ! I also also asked for more time and leniency as I am trying to get a better position - and if my income went up - I would make it my priority to pay Nationwide - I said perhaps a £100.00 per month. He made the order and awarded the costs and expenses to my debt - so much for being helpful.
  3. The original ccj was from Northampton - I did not apply for redermination - Nationwide did - it will go back to court now - for an interim charging order - I have been told there is nothing I can do - they want a full and final Settlement of £5000 to stop litigation. The debt has now grown to £7000 - so it looks like I will get a charging order - whatever. There are no grounds for appeal - I know there is lots of arguments against - but the courts are not listening - they are granting charging orders anyway. The only thing I can do is ask for a Condition to be added to the Charging Order that there is no Force of Sale. My other problem will be when the fixed rate deal comes to an end next year with my lender I will then have a charge on the property and will not be able to find a lender that will be willing to do a mortgage on me with the bad credit. Anyone got any ideas!
  4. Has anyone been receiving redetermination orders on their judgements and then finding themselves with an interim charging order for unsecured loans, credit card debts. Need advice plse - Judge ordered a variation to enforce a CCJ yesterday for a £6000 debt to Nationwide - so I will get a charging order. No arguments I have found on this site were acknowledged by the Judge. My debt my problem "he said I would probably end up bankrupt and losing my home". I have read the County Court guidelines this morning for granting a charging order and it states "only if defendent has missed payments will a charging order be granted" well this has not been the case. How do I complain/appeal against this order granting Nationwide to enforce their CCJ. Also all the time I am incurring court costs and Nationwides expenses for representing themselves in court - this was £200 which was added to my debt yesterday. Any advice plse = thank you
  5. Does anyone know if you can claim the PPI if your account is now in default - have accounts that I have regularly paid over 6 years or more - but unfortunately over the last few months have gone into default. Thank you
  6. Thanks for your replies - much appreciated. I am not sure where to go now - Drydens have assured me that it is not Nationwide's policy to go for "Force of Sale" and they just what the security of the Charge! I really can't trust them. I already lost a home 15 years ago (due to domestic violence etc., and a lot more) it has taken a lot to pull myself up from homeless and now I have a relatively good job - I have worked in NHS for 10 years now. It just seems that those who "go unemployed - get housed - benefits - are looked at more sympathetically" if you try to work and not burden society it is almost as if they are forcing you back into depending on the State. The Judge's attitude yesterday - was absolutely a disgrace - for someone in authority - he behaved as if he had a bad smell under his nose (I was actually mistaken for the Solicitor) so it was me personally! I did not find out his name (but I will) there must be somewhere you can complain about his total disregard to the case. You owe money - you can't pay - so you lose your home or go bankrupt - basically tough! Yes - so much for consumer rights etc. By the way once you are in default - you actually do not have a Consumer Credit Agreement it is Terminated! Also I found out yesterday - if you have a Buy to Let Mortgage - and are two months late with payments - no court order is needed - it is a straight repossession. I will also be charged another £300.00 when it goes back to court which will be added to the debt again - once they get a Charge on the Property apparently there will be no other costs incurred: Profit to Nationwide: original debt was £6,000 (although this has late charge, penalties etc) Debt at Finish: £7,500 Profit for Nationwide - £1500.00 - Great business if you can get it!
  7. I have a credit card debt with Nationwide. Briefly they took me to court - I had a judgement for payment at £1.00 per month. They immediately took me to court for a Redetermination Hearing - which happened today. This hearing was in fact just another word for permission to apply for charging order. I have placed my debts with a debt management company and have offered £20.00 a month - I told the judge this was an unsecured debt etc., etc., Just not interested - didn't even look at me really - just said Nationwide are quite within their rights to enforce the debt by getting a charging order on my home. He said I would probably go bankrupt in future or lose my home! To add insult to injury he award NATIONWIDE £76.36 for attending which is added on to my debt!! I am totally disheartened and worried sick - this seems to be the normal route they are taking and the courts are agreeing! Now my situation will worsen as when my mortgage fixed rate deal ends next year - how will I get a new mortgage ie/ remortgage no one will want to give me a mortgage with a charging order! I also have other creditors heaven help if they all go for charging orders! Perhaps I should just give up - I tried every thing that is written here about objections to charging orders and it just didn't work! Appreciate comments.
  8. I have requested a copy of my CCA from Drydens Debt Collectors - three times - they have only sent me a copy of the Application - and have sent me another letter today saying that "this constitutes my agreement" and is enough? Is this correct? How do I insist on a copy of the CCA. I also asked them for a copy of the assignment of the debt - they said I do not need one - as it is enough that Nationwide have appointed them as solicitors which the County Court Judgement shows. Appreciate others advice on where I go from here. Thanks.
  9. Hi Palomino I can't scan at home - possibly next week from work - my defence is: I have not been given any reasonable amount of time to reply I was going to offer a token payment Received no Default Notice I would like a copy of the CCA I also would like to see document authorising Dryden to collect the debt I would like to claim my unfair charges (it is a nationwide credit card) Many thanks
  10. This is worrying - some one will probably advise - so try not to panic. Drydens is the same company I am dealing with and they gave me three working days (read my posts) so I am not sure what to do either - hoping for some help.
  11. It is actually Claim Form - it came in the post - CC address is County Court Bulk Centre Northampton?? with an admission or Defence form
  12. Hi all Thank you for your responses - before I have even sent the letter off regarding CCA and receiving Default Notice - I have this evening received Court papers lodged in Northampton . I only received letter from Drydens last Thursday - so that is exactly 3 working days - what do I do now?? Plse advise - very grateful
  13. Thank you for replying - I have several debts - credit cards, store cards and bank - it is just two that have contacted me at the moment - I wrote to them all explaining my situation - so I am preparing myself for an onslaught of threats - I told one of them to stop phoning me (harrassing me) surprising the calls have stopped! Do I send any payments yet or just request CCA and surely it is wrong that I have not received the default notice.
  14. I have been contacted by Drydens and Westcot regarding 2 debts - unfortunately this is the beginning as I can no longer pay these debts - I have got further into debt struggling to pay! Drydens have said they will go to court - I have only missed two payments of a Nationwide Credit card - did not receive a default notice - what do I do - do I send off a token payment or ask for a CCA and default notice - I have been reading the advice given - but need someone to make it clear what I do next - would very much appreciate it as this is already getting on top of me - trying to work and sort these debts out at the same time is a struggle. Drydens have said they do not want any payments or proof of expenditure either.
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