Worriedanbothered Charging Order

[worriedandbothered]

Re: Worriedanbothered Charging Order

Thanks for the replies, a little reassuring at least. Tools that is the "defence" not verbatum, but very close. It is a re-determintion hearing an NOT a charging order. NatWest have stated they are unhappy with the rate of repayment of this. Whether that alone will carry the day for them time will tell. I have been informed they may not even turn up?
But GP have also suppplied a detailed statement of my payments. If I have an issue I am a bit peeved with GP in the sense they never gave me an opportunity to pay the missing ammount which caused Natwest to apply for a CCJ. We could have made this payment, but all they said was just send us the papers and next thing to arrive was the CCJ! Not much financial advice really!
Thanks to both for your replies, I will update the post as soon as I have some info.
One question, what is the likely outcome?

[Amethyst]

Re: Worriedanbothered Charging Order

Likely outcome is the judge to allow natwest to apply for charging order and for your installments to be set at same rate.

Thing with debt management companies, they do tend to go with the rubber stamping approach, you should always try and deal with those on your own, at least to begin with. They don't defend daft charges or anything either generally. They do stick to the proportional payments and sod the consequences. Mind you that is the good thing with DMPs that one company doesnt get preferential treatment over others so in long run is better, but yes frustrating if you could have avoided this by making an additional payment.

[worriedandbothered]

Re: Worriedanbothered Charging Order

I know I owe them the money, but I still fail to see that they (Natwest) can avoide all the legal requirements, that is, no Default Notice, not applying within the sixtreen days they should have applied, now suddenly going through this procedure, in the long run, and by your judgement, getting the Charging Order, WHY have I bothered to have a defence?
Sorry if that appears a bit "tetchy" but I honestly feel they were partly to blame for "dangling" the loan under my nose in the first place!!!

[Amethyst]

Re: Worriedanbothered Charging Order

The defence will help get things on your terms.

You can complain to the OFT about the collection process being flawed, the reality is charging orders are being granted way too easily in the current climate, and honestly the judges always give the banks far too much leaway with time limits. you can state the lack of default notice in the defense, and yes you should, but i do doubt it will change the final outcome, they will just bring up some generic one and say they sent it and the judge will believe them. Yes its flawed and is crap, but it is the way it is. You can fight your ass off the reality is in the end the bank will probably get a charge order, your defense is to get it on your terms and not get a sale order.