judgement forthwith letter recieved plz help

[clearhope33]

hello

 

i am a new member and really looking for some help, im 105k in debt from credit cards, 1 bank loan , and 1 overdaft,

 

i have been on a debt management plan for 2 years with cccs,

 

natwest recently took me to court through a company called incasso, the judge ordered my payments to increase from £10, to £20, in march this year, i had paid the 1st installment and then another letter from incasso saying they were going for a redtermination,

 

I attended court with my sob story and proof of DMP , creditors list and payments i make to them all, the judge was nice but she said i owe 16k to natwest and at £20 per month this would take 68 yrs to pay off..

 

she therefore gave judgement forwith and said i should continue to make my payments and wait and see if natwest take further action..

 

today i have the letter from the court just stating that judgement fortwith has been ordered..

 

I need help please ,, do i sit and wait now or start my fight,, should i be asking natwest questions ?? etc please help me im married with 2 children 18,13 yrs old, a mortgage and need urgent advice on what i should be doing to stop a CO on my property

 

thankyou all so much

[cerberusalert]

Moved to the Legal Forum.

[mandyjayne]

Hi clearhope, and welcome to CAG!

 

I stopped a CO although in different circumstances to yours, so i cant advise, and you do have a large debt, that said, there will be someone along shortly to get you started on your quest! And it can be sorted!

 

I will keep checking back and if i can add anything to help after others have commented i will.

 

all the best

 

MJ:)

[clearhope33]

thankyou very much mj

 

anyone out there to offer advice plzz

[rebel11]

clearhope33,

 

Don't worry, you should get some sound advice, saturday evenings tend to be quite.

[dx100uk]

this thread might help:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/235954-big-overdraft-must-respond.html

 

dx

[rebel11]

The following link has some useful info

 

Debt Factsheets - Charging orders in the county court

[clearhope33]

thankyou guys i really do need advice,, my debt with natwest is for a bank loan and overdaft,,total 16k , i have gone to court after my ccj because of redetermination by incasso, and judgement has beem forthwith, as per my letter today,, i havent asked for a cca i think you call it from nawest to see the actual agreement should i do this or is it too late now, im desperate for advise on this..it also seems that incasso are chasing the debt as one debt by merging the 2 debts together is this correct or are they hiding something..

 

i also am struggling to find my way around the forum and how to find the correct posting area,, ive read loads of threads on here and its great

[CBR600F]

have a look at: -

http://www.consumeractiongroup.co.uk/forum/legal-issues/203298-guide-charging-orders-orders.html

 

Also Is the property in joint names?

[clearhope33]

property is in joint names. both the debts were in joint names as we shared bank accounts but it has only been my name on the paperwork sent by incasso ?? there has been no mention of my wife in any letters ..

[rebel11]

clearhope33

 

It's never too late, they need to provide you with a 'True copy' (this isn't as straight forward as it seems - in some circumstances they can provide you with a reconstitued agreement) to see if it has the prescribed terms and if it is enforceable. They need to do this within 14 days.

The template is found here http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter You need to send this Recorded Delivery with £1. You might consider doing it for all your crdit cards and loans.

 

The other thing is if you've had unfair charges added to your credit card accounts / bank accounts you claim them back with interest. To claim back bank charges is a bit harder, but might become easier ina few months.

[clearhope33]

many thanks i will send letters off then,, what happens if they cannot supply any imformation ??

[clearhope33]

please anyone can you offer some sound advice in my case

[dx100uk]

you re in the right forum

just dont seem to be the legal eagles about at the mo.

 

you could hit the red triangle to the left and ask the siteteam if someone with the req knowledge could pop in.

 

dx

[clearhope33]

thankyou ,, what red triangle ??

[mandyjayne]

Hi clearhope...

 

Its in the bottom left hand courner of your post...click and leave a message and site team will take a look...it does say its for reporting dodgy posts but you can also use it for help.

 

Dont know where most of the site team have got over the last few days, but they are a little thin on the ground...they tend to be very busy at times so bear with it!

 

Keep bumping your thread up to the top of the forum too...that will also help

 

all the best

 

MJ:)

[clearhope33]

mandyjane thankyou,, how do i bumb my thread up plz , i dont find this forum easy to use lol

 

thankyou though for replying

[MARTIN3030]

"Dont know where most of the site team have got over the last few days, but they are a little thin on the ground."

 

Still finishing off our Easter eggs;)

[clearhope33]

im stressed and they are eaten easter eggs ,, i hope someone helps soon , im getting very depressed

thanks

[MARTIN3030]

Its strange that their application for redetermination was upheld,you must have had a bad Judge on the day.

Without seeing all the details its hard to make detailed suggestions.

But this was THEIR application.

We have seen some Courts dismissing arguements under enforceability of agreements-it seems to be hit and miss.

£105k is an awful lot of arrears.

Can you be a bit more specific as to how they break down ?

The immediate concern is the forthwith order.

 

Can you confirm that you have not made any apps for a variation order ?

[MARTIN3030]

im stressed and they are eaten easter eggs ,, i hope someone helps soon , im getting very depressed

thanks

 

Yes but we bought them half price as they are out of date-so dont taste as good.

[citizenB]

Have sent out S.O.S's to a few people who may be able to help.

[MAGDA]

Hi Clearhope, how much of the debt is for the loan, and how much for the overdraft? I take it they combined the two into a single claim?

 

Magda

[Desperate Daniella]

Hi Clearhope,

 

Welcome to CAG.

 

I know what you mean about finding your way around the forum - I've been here for 18 months and still have problems with some things.

 

You clearly got a very unhelpful judge. If Incasso were suggesting £20 a month she could have just agreed to that - not given judgment forthwith.

 

I'm not certain what to do with the court at the moment. I think Incasso will contact you in a few days. Others here will advise on what to do about a charging order because I think the fact that the property is in joint names may cause them difficulties, but again I'm not certain.

 

If you can give a breakdown of how it was all added up that will help a bit.

 

Do you know the exact dates that you took out the loan and the credit card? This is very important because from other threads on the forum you (we) should be able to work out whether the Natwest agreements are in fact enforceable. I've haven't got a Natwest account so cannot give advice on what they have been up to.

 

Again, we need more expert advice about how to proceed if there is already a judgment, but then the agreement is found to be unenforceable. I'm sure I've seen something similar on the forum. I'll see if I can find it.

 

As far as the rest of the £105k is concerned, break it down into individual creditors and start new threads for each of them. Make sure you put the bank/card company's name in the title as this will attract the attention of others with the same cards who are looking through the new posts.

 

Post the links to those threads here and we'll have a look at them. What cards are they, by the way? We might be able to tell you about the likelihood of enforceability of you give us the dates you took them out.

 

The only way to deal with this is to take one card at a time because they are all going to be different in terms of their agreements - or lack of them!

 

DD

[Desperate Daniella]

PS. In answer to your question.

 

Bump means Bring Up My Post so all you have to do is type 'bump' as a quick reply and it'll bring it up to the top of the new posts. Different people are on at different times of day/different days so if it's a bit quiet and when you need an urgent response you can do that.