Natwest/Shoosmiths Court Action

[AndyOrch]

Ok Ill take a look over the weekend but its the variation order thats key here, was there paperwork to confirm

the monthly payment and variation?

 

Andy

[stressed2009]

Yes I received a letter of order from the court after the variation hearing in June confirming the payments. The following is word for word what the order said:

"1. The judgement order made herein on the XX April 2010 is varied to privide that the balance of the judgement debt be repaid at the rate of XXX per calander month first payment by XX XXXXX 2010.

2. Notwithstanding paragraph 1 of this order the claimant have permission to apply for a charging order in order to secure the debt, if so advised."

 

So this does prove the order from April WAS varied and they should not be referring to the April order in this charging order paperwork.

[AndyOrch]

Well, I am even more confused now the final charging order notification from the court has turned up....

 

It says... Upon hearing the solicitor for the claimant

and the court orders that

1. The charge be created by the order made on the XX April 2010 shall continue as modified by this order.

2. The interest of the judgment debtor XXXXX in the asset described in the schedule below stand charged with ....

3. The costs are to be added to this judgment debt.

 

Despite both myself AND the solicitor for them asking that a condition should be put in place that no sale as long as we keep up with the payments the judge refused this and said it wasn't necessary?!?!?!?!

(because of the variation)

Having read it again Stressed it simply confirms that the details of the April order stand with reference to the CO not payments.Payments will stand as of the June order

but you will need to clarify this with either the Court or the Claimant.

Andy

 

 

 

[stressed2009]

Right, I have called the court and they are checking and then going to call me back to confirm. Thanks

[stressed2009]

Hi

I have posted a few times on here with regards to a CCJ and subsequently a charging order.

The history here is a CCJ was obtained with forthwith payment, we were unable to pay the full amount so applied for a variation using a n245 form. At this hearing the judge granted us installments of X per month but also gave them permission to apply for a charging order. Earlier this year the C.O hearing took place and was granted but installments kept at X per month.

 

I have now received a letter informing me they want to review my monthly payments with a view to increasing them. They have included an I&E form for me to fill in and return within 14 days. It also goes on to advise that without a copy of our I&E the payments are accepted on a without prejudice basis in reduction of your liability only and do not constitute a formal agreement. Surely the court order is a formal agreement?! The judge at the variation hearing refused to let them include a clause that gave them permission to review the payments after 1 year despite their solicitor pushing and pushing for it! Our I&E is actually less than a year ago so I am not sure what they think this exercise will achieve. They know several of the payments have been made by my mum as I told them we were struggling.

 

Any advice on what I should do would be appreciated

 

Thanks

Stressed2009

[Ganymede]

There is a Court Order in place so ignore them and keep paying the amount ordered by the Court.

 

The only way to get you to increase payments is for the Claimant to apply to the Court.

 

If that happens just take your new I&E with you and I very much doubt the DJ would make you pay more than you could afford.

[stressed2009]

The only thing that worries me is could they apply for an order of sale on the C.O? The debt is quite significant and paying the installments that have been set would mean about 15 years until the debt is paid off. Obviously we dont want this hanging around longer than it needs to and if we could we would have increased the installments but we just dont have the spare money!

[Ganymede]

The only thing that worries me is could they apply for an order of sale on the C.O? The debt is quite significant and paying the installments that have been set would mean about 15 years until the debt is paid off. Obviously we dont want this hanging around longer than it needs to and if we could we would have increased the installments but we just dont have the spare money!

 

 

 

Tell them to stick it, they can't do anything whilst you pay in accordance with the current Order unless they apply to vary it.

 

Make sure you keep up your payments and the Claimant can't apply for an OFS.

[stressed2009]

So, should I bother responding to their letter? Or just completely ignore it and make payments as usual.

[stressed2009]

Attempt number two to get us to send I&E and increase payments has begun....

[Cadbury1879]

Hi I have sent this to another CAGger but apples in your case also.

Think about it , if you wanted to collect money from hundreds of thousands of people, You have taken all the usual steps, harass them, phone calls, letters .Court , Charging order. Maybe one person in a thousand is now better off or so ground down they want it to stop.