Nationwide CCA Court Hearing v Jax

[jax007]

Re: Nationwide CCA Court Hearing v Jax

Herewith ...............

Royally f*$!ked up here haven't I???

[Amethyst]

Re: Nationwide CCA Court Hearing v Jax

ummm, yes. Sorry honey.

Hindsight is daft and what's done is done so not much point raking over it...

So what to do....

You need to apply for redetermination to get an installment amount and as they have had a forthwith it is likely they will obtain a charging order.

I'd get the redetermination application in as soon as you can as it is probably the best chance of avoiding the CO, but if they apply they are likely to get it.

So thats the N244 application, full IE sheet and offer to pay affordable monthly installments.

I'm recently confused about when a variation app should be made over a redetermination app so you want to check that with the court. If it is variation after a hearing (I'll check again tmw which it is unless PT knows) then the CO is even less likely although on the thread (pasted below) the variation was granted with an additional permission to apply for CO (hybrid order)

Confusion source lol > Help plz - Worried as judge granted CCJ with forthwith payment about variation after judgment at a hearing.)

[pt2537]

Re: Nationwide CCA Court Hearing v Jax

N245 not 244 Ame

[Amethyst]

Re: Nationwide CCA Court Hearing v Jax

Too much going on in my headdddddddddddd Thanks Pt.

[jax007]

Re: Nationwide CCA Court Hearing v Jax

ok i'LL phone court tomorrow - would there be any mileage in phone Nationwide and see what stage they're at and thereby possibly head off CO??

However, I do think their letter is ambiguous to a layman - but I guess there's no point in bringing that up with the court??

[Amethyst]

Re: Nationwide CCA Court Hearing v Jax

I don't think so, if anything it would be less ambiguous to someone with zero knowledge of the CPR as you may have attached more meaning to the word consent than was intended and than would be by Ms Average in the dark.

It doesn't hurt to mention it but I don't think it will get you anywhere different tbvh.

A CO isn't all bad but obviously most people would rather avoid one. I had a 6k one, which I've been paying by instalments under the CCJ on a hybrid order and when I sell the house (soon hopefully) it will pay off the 2k left on the debt and really I'll hardly notice.

[jax007]

Re: Nationwide CCA Court Hearing v Jax

Thanx Ames

The ambiguous bit was about the avoding costly court fees which led me to believe they would dispense with court and negotiate face-to-face, as it were.

It's the bloody £4k costs that are so crippling - almost as much as the debt!!

Could have done without that

[Amethyst]

Re: Nationwide CCA Court Hearing v Jax

Couldn't we all, but it is a risk anyone who defends a debt on (sorry) technicalities does take Ummm look on the bright side, had it gone to trial and lost it could have been closer to £10k. I just think with everything else going on you were a little bit too trusting and positive and what is done is done - main thing is getting this debt under control now with payment installments and try avoid a CO without incurring any more costs (though there will be the application fee for the redetermination I think).

Have you had a breakdown of the costs ?

[Angry Cat]

Re: Nationwide CCA Court Hearing v Jax

http://www.insolvencyhelpline.co.uk/...id-reasons.php

Jax, in my opinion, your best course of action would be to make an application to have the order varied; sorry.

[jax007]

Re: Nationwide CCA Court Hearing v Jax

Jax, in my opinion, your best course of action would be to make an application to have the order varied; sorry.

Thanks AC but what do you mean by this??

Couldn't we all, but it is a risk anyone who defends a debt on (sorry) technicalities does take Ummm look on the bright side, had it gone to trial and lost it could have been closer to £10k. I just think with everything else going on you were a little bit too trusting and positive and what is done is done - main thing is getting this debt under control now with payment installments and try avoid a CO without incurring any more costs (though there will be the application fee for the redetermination I think).

I know I'm being right thick here ... but what is a redetermination and what does it achieve (I only know from pt I need an N245)

Have you had a breakdown of the costs ?

No should I ask for one - and if so who ... the Court or Eversheds?

Read more at: Nationwide CCA Court Hearing v Jax - Page 6 - Legal Beagles Consumer Forum

[jax007]

Re: Nationwide CCA Court Hearing v Jax

Hmmmm .... thanks AC have looked at website and 2 points apply to me

1. Were you given 28 days notice in order to pay?

1. NO! Date of judgment was 4 February and I was ordered to pay by 17th!! Therefore less than two weeks allowed.

1. Is this a basis to have judgment set aside??

1. Is a Summons a specific document or can it be deemed to be part of an Order, ie an order that sets out dates for hearings, etc????

[Budgie]

Re: Nationwide CCA Court Hearing v Jax

Jax,
I have just finished reading through the whole thread.
Please can you text me with your mobile number and I will give you a call in the morning. If you don;t have my mobile number saved let me know and I will PM you.
Budgie

[Angry Cat]

Re: Nationwide CCA Court Hearing v Jax

http://www.justice.gov.uk/civil/proc...rts/part12.htm

http://www.justice.gov.uk/civil/proc...rts/part13.htm

[jax007]

Re: Nationwide CCA Court Hearing v Jax

http://www.justice.gov.uk/civil/proc...rts/part12.htm

http://www.justice.gov.uk/civil/proc...rts/part13.htm

Have read through these AC but am not really sure what I'm looking at/for!!!

Budgie

I have just finished reading through the whole thread.
Please can you text me with your mobile number and I will give you a call in the morning. If you don;t have my mobile number saved let me know and I will PM you.

Have text you my number ... of course I have your number saved, silly Billy!!! Will be available after 10am

[Amethyst]

Re: Nationwide CCA Court Hearing v Jax

N245 ask the court to change the forthwith order into an installment order as you are unable to pay, attach your IE sheet and tell the court what you can reasonable afford each month. They will then, probably without a hearing, change the order to be an installment order so the debt can be paid off over the next 300 years and most likely allow the claimants to apply for a charging order.

If so, the claimants couldnt take any further enforcement action (eg ask for a sale order) unless you defaulted on the installments under the redetermined CCJ.

I wouldnt go for a set aside as it has no benefit to you I can see and simply will add to your costs and stress. What benefit do you think having the judgment set aside would have ?