judgement forthwith letter recieved plz help

[clearhope33]

I will have to cca the credit card companys to get dates of when i took them out, off the top of my head some are 10yrs old some about 7 yrs

 

should i cca them all to get dates ??

 

thankyou

[Desperate Daniella]

Absolutely. If they are that old they may well be unenforceable, or the copies may have disappeared into a black hole.

 

Which cards have you got?

[mandyjayne]

Hi Clearhope your getting some good help now...so you should be ok

 

all the best

 

MJ

[sequenci]

Hi there, how much equity do you have in the property?

 

Incasso are well known for variation applications, and like what others have mentioned they are likely to be considering a charging order application. Hopefulyl we will be able to give you loads of help

[clearhope33]

variation applications ?? whats that please

i have equity in my house but i did re-mortgage so about 10 k probably.

 

my loan was 11k and my bank overdraft 5 k , yes they have merged them ? is this allowed.. also i think my loan was only 2 years old sorry if i posted incorrect date previous, i was thinking of my credit card , but this hasnt come into the judgement forthwith yet..

 

both the loan and overdraft were in joint names yet its only my name on the court papers , and any letters from incasso ??

 

thankyou all for your help so far

[clearhope33]

bump

[clearhope33]

bump

[Desperate Daniella]

You need some expert help here on this. I don't know enough about lumping the two together or variation applications.

 

If you haven't had a response by the morning, I'll bump it for you.

[sequenci]

variation applications ?? whats that please

 

My mistake, a variation is an application a claimant can make to change the amount of a CCJ instalment. In your case this didn't happen as they applied to the court for a re-determination, which is where the court reconsider the rate of instalments you have to pay on the original judgment; this is usually within 30 days of the judgment date - This is pretty sneaky!

i have equity in my house but i did re-mortgage so about 10 k probably.

if they do try and go for the charging order then one of your key objections should be that there isn't sufficient equity.

[CBR600F]

See: -

A guide to Charging Orders & Orders for Sale

and my experience

Hfc - Restons - Charging order hearing

 

I must say that the most important thing to remember about a CO is that it is not a Sale Order.

 

Read the above threads,

 

I am sure there are other caggers who can advise on the joint loan and overdraft implications.

[MAGDA]

variation applications ?? whats that please

i have equity in my house but i did re-mortgage so about 10 k probably.

 

my loan was 11k and my bank overdraft 5 k , yes they have merged them ? is this allowed.. also i think my loan was only 2 years old sorry if i posted incorrect date previous, i was thinking of my credit card , but this hasnt come into the judgement forthwith yet..

 

both the loan and overdraft were in joint names yet its only my name on the court papers , and any letters from incasso ??

 

thankyou all for your help so far

 

Hi, yes, they can merge them into one claim. However, there may be a lot of unfair charges/interest included in those amounts which might be worth looking at as this can make a huge difference to how much you owe.

 

 

Magda

[rebel11]

Agree 100% with MAGDA

 

'However, there may be a lot of unfair charges/interest included in those amounts which might be worth looking at as this can make a huge difference to how much you owe.'

[clearhope33]

So this week end get the CCA letters written and sent off,

reading most of these posts it seems CO is very hard to actually stop after judgement forthwith ? its horrible coming home from work and looking to see if theres any post with bad news,, how depressing my last 12 months has been

[clearhope33]

bump

[Desperate Daniella]

Hi clearhope,

 

Time is of the essence here so try and get the CCA request for the loan off tomorrow, and then as suggested above you need to look at the charges. Did you have any PPI on the loan? These are the things you need to be looking at.

 

I'm certain I've seen someone resisting a charging order because the property was in joint names. You need to do some searching here and try different search criteria - "husband owns half house", "wife owns half house" - that sort of thing. Search posts as well as threads. It does take a lot of time, but you'll learn a lot.

 

I am also wondering if you can get a stay on the judgment on the basis of the CCJ being awarded on the basis of an agreement which may not be enforceable, and if you can be given time to check this out. Again, you need more expert help than I can give at the moment.

 

Unfortunately you now have to wait and see what Incasso do next, and then we can see what your response should be.

 

Hang in there.

 

DDx

[CBR600F]

...its horrible coming home from work and looking to see if theres any post with bad news,, how depressing my last 12 months has been

 

I know exactly how you feel, the last 12months have been exactly the same fur us.

 

But having now got two CCJs, one A CO on an alleged £15K debt:( and one a pound a month on an alleged £4.5K debt, I know what to expect and am learning what to do rather than just not opening the letters and hoping they will go away and stop calling etc etc.

 

We also have learned the hard way that Credits Cards are an evil which makes the lenders millions and puts real people at risk of losing everything.

[clearhope33]

'bump'

[clearhope33]

letters sent off to incasso,, lets see what that comes up with, im in a fighting mood and aint gonna take this sitting down

[clearhope33]

bump

[clearhope33]

just a quick question , natwest have asked incasso to get there money back,

my debt to natwest is 5k on a overdraft , 11k on a bank loan, can these debts be merged ?? i have been to court and had a judgement forthwith on this debt of 16k ?? but sat here thinking about it surely its two different accounts therefore two different cases ??

 

also i have sent incasso a request for a CCA on my accounts ? what am i actually looking for when i get a responce from them on the paperwork ??

 

thanks everyone, i havent slept now for a good 12 months with worry,

but tonight im fighting this and will not let these people beat me

 

i need back up though please advise me

 

Thankyou all

[miss muppet]

Hope you're feeling a bit better now you've made your first post. I am not sure whether they are allowed to merge these two debts being as one is an overdraft and the other a loan. Also not sure what you mean about your visit to court, did they get a CCJ for the total amount? With regard to the legality of the documents requested by CCA, there are fairly rigid rules on the way these are set out. Did you ever subject access request the original creditor. This involves sending a £10 postal order, don't sign the letter. This can often turn up interesting information.

[miss muppet]

This might help, here's a similar sufferer!

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/257079-judgement-forthwith-letter-recieved.html

Edited May 1, 2010 by miss muppet
Duplication

[Helpmeoutplease]

how do they produce a credit agreement for the merged account?

[clearhope33]

any other help please

[miss muppet]

How about this:-

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/257960-natwest-capquest.html