Irwin Mitchell want more PCM on old Natwest Debt CCJ.

[citizenB]

Were they allowed to add post judgment interest ? What did it say on the order from the court!

 

Apart from which, if the court ordered you to pay the sum of £70.00 per month, then that is all you need pay and Irwin Mitchell will need to take further court action in order to ask the Judge to increase the amount.

[citizenB]

Ok I telephoned them today and the balance was an error and they gave me the correct amount and no interest is being added.

However they are insisting they they are quite within in their rights to ask for an Income and Expenditure update as according to themselves the CCJ was made on a temporary basis ? Never heard this before ?

Shall I just ignore the request ?

 

What utter rubbish. You really need to know what the court order said. If it was only temporary, why have they waited 5 years to contact about an I&E ??

 

I think the first thing you need to do is to WRITE to them confirming the outcome of your telephone conversation. That they had misrepresented the amount outstanding and that YOU require a properly audited statement immediately, showing the correct amount.

 

At the same time you can confirm that there has been no change in your financial circumstances since the Court made the order. In fact you could state that due to the economical situation you are probably in a worst situation than you were at that time however, you will continue to honour the payment order made by the court.

 

HTH

[citizenB]

It strikes me there may be provision

for review in the actual court order.

 

Which is why we need to see the order. However, my question still remains.. how come they have waited 5 years to ask for a review ?

[citizenB]

There's a recession on ya know! They want more money to buy chocolate hob nobs...

 

Been so long since I had such a luxury.. you will have to remind me what they are

[citizenB]

From reading what you posted earlier, I cant see anything to suggest they are able to simply ask you to increase your payments or prove that you can. It would appear to me that if they want to do that, then they must do it correctly and ask the court for a variation.. at which time you will be asked by the COURT to provide an Income and Expenditure sheet..

 

HTH

[citizenB]

Well there is certainly nothing on that judgment that suggests it is subject to review.. so I think if they want to amend the agreed installments they will need to apply to the court

[citizenB]

With IM NOT accepting the payments you have made for a long time I would report them to the Solicitors Regulatory Authority, Trading Standards, OFT and copy in your local MP. You could also provide the evidence to the court manager, citing your case number and explaining that THEY are being stroppy.

 

The government are against people getting charging orders for less than £25,000 anyway.

 

 

Have we got any information on this, SG ?

 

Many Credit card companies are managing to do just this!!

[citizenB]

Looks ok to me.. I have attached below.. the two judgments you refer to in the BoC

Thanks for this, Ford.. I will try and find a working link for the other one

Then it might be a good idea to take this debate off this thread and give it one of its own.

 

 

Ford - I have popped the link in your post.

[citizenB]

If you are making the payments as set out by the Judgment order, then they will need to ask the court for permission to increase them.

 

All you need do is to respond by advising that your circumstances have or have not changed and that you are abiding by the terms of the judgment, I would have thought !

 

If they have a charging order on your home, then I am not sure why they are fussing - they have the security they require !

 

How much longer will you be in their clutches ?