Nationwide CCA Court Hearing v Jax

[Budgie]

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 ?

I 100% agree with the above.

But will talk to you about it tomorrow.

You have enough bloody costs awarded against you already !

[Amethyst]

Re: Nationwide CCA Court Hearing v Jax

oh yes can you post up or send me a copy of your witness statement too pls just so we have the whole picture. this sentence in your odd 'i'm not defending so you should drop the case' letter is bugging me

I have decided not to pursue my defence but reserve the right to claim all and any penalty charges applied to this account plus any accrued interest at the contractual rate.

[jax007]

Re: Nationwide CCA Court Hearing v Jax

Have emailed WS to you both
xx

[Budgie]

Re: Nationwide CCA Court Hearing v Jax

Got it Ta !

Personally i don't think the Court received ( or took into account ) Jax's WS.
The judgment certainly doesn't refer to it.

Doesn't change anything but is just another sad reflection on this sorry tale !

Will speak to you tomorrow Jax.

[Amethyst]

Re: Nationwide CCA Court Hearing v Jax

Thanks Jax. You didn't make any offer to pay or include your IE sheet etc and I don't understand the thinking behind the penalty charges part at all. I can't see that the court could have come to any judgment other than the forthwith order. I wish you'd gone through it on here before submitting rather than everything just going silent but what is done is done and I understand in the circumstances.

Definately need to do the N245 to get the forthwith changed to installments, you can get the form from hmcs site - easy to complete, we'll help if you keep posting up what you are doing before sending things off...the biggest job will be getting your IE sheet sorted to go with it, and you need to get it in asap before Nationwide apply for any sort of enforcement action due to you not complying with the forthwith order.

[jax007]

Re: Nationwide CCA Court Hearing v Jax

I don't understand the thinking behind the penalty charges part at all.

I think that was so that if I got judgment awarded against me I could still claim PCs - maybe I should have defended on the basis that the amount they were demanding wasn't a true figure???

I also completely forgot about the offer of payment - I was in such a blind panic with it all!!

[Budgie]

Re: Nationwide CCA Court Hearing v Jax

The best strategy would have been a straight penalty charges counterclaim right from the start.

I am sorry I wasn't around to point that out at the time !

The most important thing to do, as Ame suggests, is to get the N245 sorted together with IE and offer of payment etc.

Let's get that done and then work a strategy re reduction of awarded costs, which seem excessive and repayment of penalty charges ( roughly how much is involved here ) afterwards.

[jax007]

Re: Nationwide CCA Court Hearing v Jax

I called NW's in-house solicitor today and she confirmed that their letter stating " ...... so that we can avoid the cost of attending the hearing and deal with the matter by consent." did actually mean that they would have cancelled the hearing but that they did not do so because they had not heard back from me (hence the importance of sending everything by recorded delivery - which in this case I did not!!). I explained my own situation in terms of personal issues and also the fact that I felt I had been disadvantaged all the way through this case vis-á-vis never receiving the CO inviting me to amend my POC, being denied the opportunity of attending the hearing (as I thought it had been cancelled), being given less than 14 days in which to pay, etc etc.

Unfortunately I ended up blubbing, but she was SOoo nice - couldn't have been more sympathetic really - and I said that I wanted to avoid a charging order and would apply to the court for a redetermination of the order to apply to pay by instalments.

She totally agreed and said she would discuss the matter with the accounts department and get back to me.

She said apparently they would not apply for a charging order (at this stage) as the Court Order was 'flawed' in that it did not state the terms of payment, ie lump sum or instalments.

I also mentioned that I really could not afford the costs and I felt that they were disproportionate not only to the amount of work done on this case but also in relation to the size of the debt - and the implication was that she agreed and she suggested I bring that point into the application for redetermination to see what could be done about it. I also said I would like a breakdown of the costs.

The suggested it might be better for me to have a charging order only because it would be incorporated into my house and I would not have to worry about it anymore - I think she was implying that it would be added to my mortgage and be paid out when I sold the house - didn't quite understand that bit - should have probed her a bit more on that point. However, upshot of that was that I said I really wanted to avoid a charging order and try to pay off the debt.

The accounts department is meant to be calling me to sort out repayments and she said they would be very sympathetic.

I told her I would put together an application for redetermination by the end of the week - she seemed happy with that.

Hospital all day tomorrow but I'll try and get this all drafted out by Friday.

Many thanks for all your ongoing support guys

[Budgie]

Re: Nationwide CCA Court Hearing v Jax

Well done Jax.

OK next steps, N245 plus covering/ accompanying letter to Court as we discussed. Copy all this lady at Nationwide, via registered !!!!
There is a fee for lodging the N245 but am sure you can apply for exemption.

Ame will help you with the IE part of the N245.

Link to N245 form is here http://www.hmcourts-service.gov.uk/c.../n245_0204.pdf

PS Make no mention of a possible claim for repayment of penalty charges. We will look at that once we get the present situation resolved.

We will of course assist with fine tuning the covering letter and checking the forms etc etc before you submit !!!

Hope you feel a bit better about things after our chat and talking to Nationwide.

[jax007]

Re: Nationwide CCA Court Hearing v Jax

Hope you feel a bit better about things after our chat and talking to Nationwide.

Yes loads better - bless you. It's so comforting to know you have someone to turn to in such a crisis.

I'll get on to this first thing Friday.

Can't thank you enough xx

[WendyB]

Re: Nationwide CCA Court Hearing v Jax

Well done Jax I know we always say put everything in writing but sometimes a phonecall can be more useful as you can get your ideas and feelings across better verbally. And all the calls are recorded should you need to rely on it later. I'm not much use with the court side of things but if I can help with anything else just email me. Hope all goes well at hospital, keep your chin up mate and we'll speak soon x

[Amethyst]

Re: Nationwide CCA Court Hearing v Jax

Jax, well done for speaking with them I know it can't have been easy. I still wouldn't trust them though as I said before but it is good they are indicating not trying for a CO at this time.

When we have done the N245 we'll send them a copy with a covering letter.

If you fill in the CFS IE Sheet (in the thread linked from the blue top bar) email it to me and I'll check it over before sending it off.

We do need to try and get it done as soon as as payment date was 17th so if you feel up to it tomorrow then that's your job for the day

Hope things go okay today xx

Ame
xx

[jax007]

Re: Nationwide CCA Court Hearing v Jax

GRRRRRRRRRRRRRRRRRRRR!!!!!!!!!!!!!! :smash:

Computer got infected with some dodgy thingy called System Tools and it's messed up a load of stuff including Adobe Reader so I have been trying all day to put it right and get AR re-installed! All done now .

Have downloaded N245 which is actually an I/E sheet so am getting that done tonight hopefully.

[jax007]

Re: Nationwide CCA Court Hearing v Jax

Okikoki - update .......

Have today sent off to Court .......

* Pleading letter
* N245 (have offered £10 pm until I go back to work next month)
* Copy letter from NW where they said they would avoid hearing
* Copy letter from me to NW confirming non-attendance and cancellation
of hearing
* Copy covering letter to NW
* Cheque for £75 (ouch!)

....... and to Nationwide

* Covering letter to NW
* Copy of all of above

I await the outcome ....... will post up as soon as I hear.

Thanks to Budgie for his input and help as ever xx

Am now off to get ready to meet Tuts for coffee and cheesecake ... Mmmmmmmmmmmmmmmm

[jax007]

Re: Nationwide CCA Court Hearing v Jax

OK have had varied Order from Court stating I can pay £10 a month but they have not addressed my issues of the high costs and CCJ, so I have written to them again seeing if anything can be done about these points.

Have written to NW solicitors and sent them 1st cheque for £20 (so I will always be £10 ahead of the game LOL) asking who registers CCJ on CRAs and if it's them to hold fire for now if not already done so (until I have reply from Court anyway).

jaxx