County court Judgment and bank charge reclaiming - help needed!!

[ruby15]

This is my first time posting on this site so please bear with me. Me any my hubby had a joint account and a personal loan with Natwest (account now closed down) we owe them in total £6,285, we have tried over the last few months to set up a payment plan which they refused, they only wanted a lump sum payment. We now have a default on our credit file for this. They have now taken out court action against both individually and we now have a county court judgment each (with court costs of £340 each) When we filled in the court papers (i think these are called admission forms?) my husband offered to pay £25 per month towards the debt where as I told them that I was not working and could not pay anything but pointed out that my husband was paying under his claim. My hubbys offer was accepted but I was told to pay the full amount!!! I have written to the court querying this and am waiting a reply (I am worried that I have filled out my form incorrectly) Shoosmiths are now telling me that as I have not paid the full amount that they are continuing with court proceedings and looking to take out a charge on our property. I really do not know what to do about all this In the mean time I am now in the process of reclaiming my bank charges which is nearly all that we owe Natwest, I am trying under the hardship ruling as we up to our eyes in debt including our mortgage who have threatened repossession but we have managed to borrow some money off a family member to keep morgage company at bay for now. Is there anything I can do about either the judgment or default and can I claim for court costs? If any one can help me at all i would be very grateful!

[Amy]

Re: County court Judgment and bank charge reclaiming - help needed!!

Did you pay even minimal payments at all?

Did you go to court for hearing? What was the judgement?

[ruby15]

Re: County court Judgment and bank charge reclaiming - help needed!!

They would not accept part payments they only wanted the full amount. I did not attend court. For my husband they just accepted his offer of £25. Sorry if I am being a bit thick, not sure what other info you want. Many thanks for looking at this though!

[Amy]

Re: County court Judgment and bank charge reclaiming - help needed!!

You're doing fine.

So you were paying the installments until you got into difficulty and then you stopped paying completely? What is the actual wording of the judgement from the court hearing?

As for your bank charges claim, what stage are you at with this?

Is your mortgage still in arrears? Is there any suspended order on the property?

[ruby15]

Re: County court Judgment and bank charge reclaiming - help needed!!

Our wages used to be paid into this account but we opened another bank account and began having wages paid into that instead transfering money to cover all our bills into the natwest account, one month Natwest informed my hubby that they were taking the money that had been transfered to cover bills as part payment towards overdraft so hubby cancelled any further transfers into Natwest account and then they went funny with us and put their solicitors onto us who would not hear of anything other than a full repayment of what we owed. The only letter we received is a "Judgment for Claimant (Acceptance) stating what we owe and what we have to pay. I am just about to send off my bank charges claim, just finished totalling up figures today. Mortgage is one month in arrears. Not sure what a suspended order is, but it was going to court for possssion but we paid arrears with a loan from mum inlaw and paper work we received says "forthcoming hearing is adjourned with liberty to restore" Hope this helps. Thanks for looking at this for me.

[ruby15]

Re: County court Judgment and bank charge reclaiming - help needed!!

"Bump"

[Amy]

Re: County court Judgment and bank charge reclaiming - help needed!!

I think you should perhaps post up any documents you have relating to this CCJ.

[ruby15]

Re: County court Judgment and bank charge reclaiming - help needed!!

How do I do this? Do you just want me to type the form I have?

[Amy]

Re: County court Judgment and bank charge reclaiming - help needed!!

Yes, you can do or scan them and upload them (using the paperclip icon in the same way you do for emails).

I'm just a bit confused as to why they have accepted your husband's offer but not yours and I'd like to see them.

[ruby15]

Re: County court Judgment and bank charge reclaiming - help needed!!

The only concern I have is that I have filled out the court claim form incorrectly for myself. On the "Judgment for Claimant - Acceptance form" for myself its says that they are accepting my offer to pay the full amount! I have sent a letter to the court querying this and am waiting a reply. Obviously this is what I must have done but not sure how as I stated no income and no savings so how do they think I can pay ?

[Amy]

Re: County court Judgment and bank charge reclaiming - help needed!!

Right, I think I'm with you now. In that case there isn't a lot to be done until you hear back from the court.

[ruby15]

Re: County court Judgment and bank charge reclaiming - help needed!!

Ok, I will post on here when I hear from them. Thank you for your kindness and time!!

[Amy]

Re: County court Judgment and bank charge reclaiming - help needed!!

You're very welcome xx

[ruby15]

Re: County court Judgment and bank charge reclaiming - help needed!!

Hi, I have now received a letter from the court a "Notice of Hearing", it gives me no information but attached is my letter asking them to look at this again as I am not working and am unable to pay the full amount - hand written at the bottom someone has written *Request for redetermination*. Can someone tell me what this means? Do I need to attend? I am really worried about this!!

[WendyB]

Re: County court Judgment and bank charge reclaiming - help needed!!

A redetermination is basically you asking the court to reconsider its previous decision, and in your case, you want them to chnage their original decision on the grounds that you filled the form in incorrectly which led to this siuation.

You need to fill in paperwork and grounds for redetermination, not sure which ones these are but am sure soemone will be along who can advise further.

When is the hearing? How much time have we got to play with here?