Charging Order

[mac981]

Hi

 

not sure if this is in the right place. But in brief my story, I failed to keep up with my loan and arranged reduced paymnts with the bank after 18 months they said no and set Irwin Mitchell on me who issued ccj proceedings from Northampton. These returned and i had to pay a very high monthly installment I requested a move to local hearing. At the hearing Iwin did not show and the judge set new payment based on my exprendidture report. A few months later Irwin pressed for a charging order. At the court they got it but it canot be enforced unless i default and the court agrees at a hearing.

 

Irwin have made mistakes not sure what i can do. They started the whole ccj proceedings again during the period of the local hearing and the charging order. Also several months after the charging order i had a letter refering to the original northhampton order saying i had not paid any money. when i contacted them they siad they had no knowledge of the referal to local court or eventhe charging order agreement. Two days later i got a letter saying all was ok and i was up to date.

 

Anyway just got a letter stating that natwest are willing to offer a significant reduction to clear it all as a full and final settlement. I thought that once it was through the court that that was it and i had to pay the load in full at the rate set?

 

Can they offer this if so how do they clear the charghing order.

 

I have not spoken to them yet as im not sure if i open negotiation then they can have me on it. There is no money to offer a settlement anyway

 

Thanks in advance

[mac981]

I think the questions are

 

1. should i contact Irwin to find out how much, but it is irrelivant as there are no funds to clear it..

 

2. If i do contact them will it look bad as i am communicating out of court

 

3. If i ignore the letter can they take it further and go back to court

[spark911]

If they have a Charging Order it appears there shouldn't be any further proceedings? In which case communication wouldn't continue via court.

 

You mentioned that they made a few errors which is not uncommon as they deal with a large portfolio of work, although I agree rather confusing and annoying for you.

 

The letter for the full and final is that from Irwin Mitchell or Natwest? Eitherway, it'll be a percentage of the final charging order amount if they have a final charging order granted. If paid, they'd remove the charging order. But if you have no funds I wouldn't worry about contacting them.

 

As long as you keep up the monthly amounts, I wouldn't worry about it as the court order states they can't enforce it (according to you) so you can carry on.

[mac981]

Thanks spark911 thats pretty much want i was hoping to hear.

 

The letter for the full and final was from irwin.

 

The whole thing gets confusing