BOBSCOUSE v Northern Rock/Pinnacle

[Amethyst]

Re: BOBSCOUSE v Northern Rock/Pinnacle

The red figures are a good guide of the maximum allowances for each area. You should be below on each.

[BOBSCOUSE]

Re: BOBSCOUSE v Northern Rock/Pinnacle

Okayyyyyyyyyy - a bit of a major development. I received a Judgement for Claimant (by default) on Saturday (Happy Birthday to me!) so I must pay the claimant forthwith the total amount of £7.5K. Had a look behind the sofa but there was nothing there apart from a sweet wrapper.......

What do I do?

I was shocked to be honest, I had thought that with the way things stood, the original court case would have been cancelled and re-submitted with the reduced claim amount (as Northern Rock had reduced the amount they were after by the value of the PPI). I have had nothing through from the court to say that the claim details had changed on the original case and was sitting waiting for the new summons to come through. I had received a letter from Northern Rock "having a go" because I hadnt returned a form stating an acceptance of the PPI repayment, but that was because the way it had been worded was to request the details of my bank account that I would like it to be paid into. As they had previously stated in correspondence that they were deducting it from the amount they were claiming, I ignored it. Have been trying to get in touch with them to point this out but with the hours I work I can't contact them during their working hours and when I've left messages they haven't returned my calls.

I have approx 3 weeks to do something and avoid the CCJ being registered - what is it that I can do to avoid this.

Northern Rock will have received my CFS and payment offer and haven't responded to it, so I guess that they will just wait until the CCJ is effective and go for a charging order on the house.

HELP!!

[Amethyst]

Re: BOBSCOUSE v Northern Rock/Pinnacle

Okay, have you spoken to Northern Rock ? I think you need to apply to have the CCJ redetermined to monthly installments and for Northern Rock to take off the PPI repayment amount. It sounds like its just been rubber stamped through so I would check with NR and court if any more paperwork was sent in. If I recall correctly you never actually acknowledged the original claim as you were relying on NR doing what they said.

Redetermination would be applied for on the N244 form, theres some examples about but we'll help too - but call court and NR first and check why nothing happened as they said originally.

Okayyyyyyyyyy - a bit of a major development. I received a Judgement for Claimant (by default) on Saturday (Happy Birthday to me!) so I must pay the claimant forthwith the total amount of £7.5K. Had a look behind the sofa but there was nothing there apart from a sweet wrapper.......

What do I do?


I was shocked to be honest, I had thought that with the way things stood, the original court case would have been cancelled and re-submitted with the reduced claim amount (as Northern Rock had reduced the amount they were after by the value of the PPI). I have had nothing through from the court to say that the claim details had changed on the original case and was sitting waiting for the new summons to come through. I had received a letter from Northern Rock "having a go" because I hadnt returned a form stating an acceptance of the PPI repayment, but that was because the way it had been worded was to request the details of my bank account that I would like it to be paid into. As they had previously stated in correspondence that they were deducting it from the amount they were claiming, I ignored it. Have been trying to get in touch with them to point this out but with the hours I work I can't contact them during their working hours and when I've left messages they haven't returned my calls.

I have approx 3 weeks to do something and avoid the CCJ being registered - what is it that I can do to avoid this.

Northern Rock will have received my CFS and payment offer and haven't responded to it, so I guess that they will just wait until the CCJ is effective and go for a charging order on the house.

HELP!!

[BOBSCOUSE]

Re: BOBSCOUSE v Northern Rock/Pinnacle

I apologise for the length of this post but please be patient and forgive my ramblings.

Okay, have you spoken to Northern Rock ? I'm still waiting to be able to to speak to them - struggled to get hold of them as I am working longer hours than they do (wow-shocker!). Have left messages but they havent called me back. I have a half day tomorrow so I'll phone them then. I think you need to apply to have the CCJ redetermined to monthly installments and for Northern Rock to take off the PPI repayment amount. How do I request that it is redetermined - is that the same as asking for judgement to be set aside? The PPI has been taken off by Northern Rock already, adding to my confusion (original claim was for 11K, now its 7.5K) It sounds like its just been rubber stamped through so I would check with NR and court if any more paperwork was sent in. If I recall correctly you never actually acknowledged the original claim as you were relying on NR doing what they said. I got the acknowledgement in (late) as it was faxed by my local CAB. They rang the Court at the time and checked to see if it would be okay to send in. The Court said that NR hadn't sent their acknowledgement in either so CAB advisor sent mine into Court same day. When I got home from CAB that day I received a letter from NR telling me that they were refunding the PPI. The next correspondence received was the NR letter complaining that I hadn't sent the form back with my bank details in acceptance of the PPI refund. I didn't do that because the PPI was being deducted from the amount they were claiming. In the meantime I sent into NR the CFS and offer letter for monthly payments, to which they have not responded.

Redetermination would be applied for on the N244 form, theres some examples about but we'll help too - but call court and NR first and check why nothing happened as they said originally.

Help would be appreciated, brain has stopped functioning again. Phoning the Court and NR I will have a go at (hate the phone cos I'm hard of hearing and often miss details - not good in these situations!!) but I think as far as NR are concerned they will just be going for a Charging Order and won't be interested in my payment offer.

Don't know where it went wrong - how have they achieved Judgement by Default when I have not had any correspondence to state that the value of the claimed amount had changed (Judgement given on the lower amount). The acknowledgement I sent in admitted part of the claim but stated I was to defend the PPI aspect that they were claiming originally. Should I have submitted my Defence even though I got a letter from them that day saying it was being refunded?

[BOBSCOUSE]

Re: BOBSCOUSE v Northern Rock/Pinnacle

Hiya, a little bump to my last post. Tried to get hold of NR again on Friday - STILL can't get through.....

[Amethyst]

Re: BOBSCOUSE v Northern Rock/Pinnacle

Hey Bob - got your message just now Will go through your thread this eve after i get kids sorted, don't worry about NR we'll set aside/defend on the facts we know and make them put forth anything we don't

(((((((hug))))) be back in a while

[Amethyst]

Re: BOBSCOUSE v Northern Rock/Pinnacle

Assuming this is right -

NR already took off the PPI (ie they didnt defend your partial admission and just accepted that and judgey rubber stamped it)
You are already making monthly repayments of £27.60 a month as per your offer

NR got judgment by default, however had you admitted then the amount would be the same (as they removed the PPI from it) and you would still have judgment

- so to ease stress I think you are best off just going to redetermine it.

NR will want a charging order (have they actually asked for it). However the judge will allow installments with 6 monthly reviews - its only if you miss payments they could ever try for a sale order- hence making sure they are affordable.


So you need the

N244 http://www.hmcourts-service.gov.uk/c...rms/n244_e.pdf


Basic filling in - District Judge / Without a Hearing

Application for redetermination of forthwith payment order to monthly installments.

aka

N244

At a hearing = No

Level of Judge - dDstrict

Parties to be served: Northern Rocks Solicitors


I, BobScouse, the defendant,


intend to apply for an order that

The installment amount be redetermined


because

Default judgment being awarded and being unable to pay forthwith.


I wish to rely on

- attached Witness statement


PART C - enter the above witness statement and attach the financial statement to it.

Will also want the EX160 for fee remission ( http://www.hmcourts-service.gov.uk/c...0_web_0709.pdf )


Your full IE sheet

and Witness Statement to go with application ( just an outline below you will want to look at the charge order bit and change as per whether NR have indicated thats what they want or not )

1. I am the DEFENDANT in this case.

2. I make this Witness Statement in support of my application to redetermine the period over which the debt be paid as set by the XXXXXXXXXXXXXXXXXX county court on XX/XXXXX/XXXX.

3. I make this Witness Statement from information and facts within my own knowledge and which I believe to be true.

4. On DATE the Claimant entered a claim number XXXXXXXXX against the Defendant for an outstanding debt totaling £xxxxxxxxxxx

5. On XXX DATE XX the Defendant acknowledged the claim and indicated his intention to defend a portion of the debt which was made up of Payment Protection Insurance which he believed had been missold to him at the point of sale because xxxxxx

6: On XX DATE xx the Claimants wrote to the Defendant offering a repayment of the Payment Protection Insurance Premiums without admission of liability and this sum was removed by the Claimant from the claim no. XXXXXXX

7. In the absence of any further defence being entered by the Claimant, judgement was entered in favour of the Defendant on DATE for the sum of £7,500 to be paid forthwith.

8. The Defendant is unable to make a forthwith payment as his current financial situation is increasingly difficult due to xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx and although he is doing everything in his power to get things back on track he is unable to find a lump sum in a short space of time as ordered. The Defendant has other debts and essential expenditure and is currently entering into a voluntary debt management programme with his creditors under advice from the Citizens Advice Bureau.

9. The Claimants have notified the Defendant of their intention to apply for a Charging Order against his property at XX ADDRESS XXXXXXXXXXXXXXXXXXXX. The Defendant is willing to accept this to securitise the debt however he asks the court order the Claimant to freeze any further addition of interest and charges to the debt.

10. This property is the claimants main and only residence and resides there with (KIDS/PARTNER ETC).

11. The Defendant asks that payments be determined at £27.60 per calendar month, payable by Standing Order from the defendants banking account. The Defendant put this offer in writing to the Claimants on XXDATEXX but has not received a response.

12. The Defendant is happy to review this figure with a view to increasing it at 6 monthly intervals as his circumstances and financial position allow. He has no intention on reneging on any of his debts.

13. A full current financial breakdown is attached to this statement.

[Amethyst]

Re: BOBSCOUSE v Northern Rock/Pinnacle

oops double posted

[BOBSCOUSE]

Re: BOBSCOUSE v Northern Rock/Pinnacle

Hi Ame and thanks!

[quote=Amethyst;121318]Assuming this is right -

NR already took off the PPI (ie they didnt defend your partial admission and just accepted that and judgey rubber stamped it) I received the letter stating that they were removing the PPI on the same day as I sent in acknowledgement admitting part of the claim.
You are already making monthly repayments of £27.60 a month as per your offer Not yet as I have not had any communication stating that they accept the offer or of any account details with which I can set up a S/O. This has been the same for a couple of other creditors, no further action taken by them as yet but no correspondence giving acceptance or stating their account details.

NR got judgment by default, however had you admitted then the amount would be the same (as they removed the PPI from it) and you would still have judgment

- so to ease stress I think you are best off just going to redetermine it.

NR will want a charging order (have they actually asked for it). They havent asked for it yet, but I am sure that they will do as you've suggested. However the judge will allow installments with 6 monthly reviews - its only if you miss payments they could ever try for a sale order- hence making sure they are affordable.

Please can you confirm after reading these answers that my course of action remains the same and I will start filling in and sending the court forms.

Thanks hun!!

Bob

[Amethyst]

Re: BOBSCOUSE v Northern Rock/Pinnacle

Okeydoke - probably a couple little edits - add something like you wrote to NR on XxxDateXXX with a repayment offer and have yet to hear back and can't start without account details for payment etc .... and possibly leave off the charge order part if they havent mentioned it - although I think it shows a commitment to repay and more likely to get installments at the rate you want (as its over 22 years they are likely to want something in return) it really depends what you want and if you want to just allow that to go its course without preempting it. I think the installment order would be accepted without it given your current circs and commitment to review periodically.

will have a reword in the morning unless you're feeling sleepless

[BOBSCOUSE]

Re: BOBSCOUSE v Northern Rock/Pinnacle

Not done anything on this today cos my daughter had her school play this evening (last one at Primary School). I did receive a letter from NRs solicitors Wallers stating that they have started proceedings to obtain a charging order.

What next?

[Amethyst]

Re: BOBSCOUSE v Northern Rock/Pinnacle

Good get this sent in then. The letter re the CO makes it easy.

Have edited original post to show offer of payment made to NR, so should be good to go.
thus - Legal Beagles - View Single Post - BOBSCOUSE v Northern Rock/Pinnacle

just needs dates, reason for missold PPI, address, who resides at your property and brief details of financial circs.

[BOBSCOUSE]

Hi Ame,
Just checking some information before it goes into the post tomorrow.

N244.

4. Have you attached a draft of the order you are applying for? YES/NO (I have already answered the question What order are you asking the court to make and why? by asking for the instalment amount to be redetermined - for this reason I'm guessing that the answer is NO)

EX160

What is the title or number of the form you need the court to issue? Do I leave this blank to cover any forms I have to submit, or is it on an as and when required basis each time you submit a form. In this case I should enter N244?

4. I have read pages 9 to 11 of the guidance and confirm that my/our gross annual income Exceeds the stated limits/Does not exceed the stated limits. (I can't access the pages on the HMCS site to read these guidance notes - Do you know what the limits are?)

5. Monthly Expenses. Fixed allowances: partner; dependent children; general living expenses? (What are these amounts??)

That's all for the moment - I'll give you a nudge later if I get confused again.

Also, I set up most of the S/Os for payments yesterday regardless of whether the creditors responded to accept. Should I do this with the Northern Rock payments as well or wait until the Judge has stated the instalment amounts? My guess is go ahead and set it up to show willingness to pay.....?

Thanks in advance.

Bob

[Amethyst]

Re: BOBSCOUSE v Northern Rock/Pinnacle

N244 - 4. No

EX160 - title /number of form is N244 (yep its each time you have to enter a form)

Hi Ame,
Just checking some information before it goes into the post tomorrow.

N244.

4. Have you attached a draft of the order you are applying for? YES/NO (I have already answered the question What order are you asking the court to make and why? by asking for the instalment amount to be redetermined - for this reason I'm guessing that the answer is NO)

EX160

Limits

You are applying as part of a couple: Check the table below to see if your joint gross annual income is within the limit appropriate to your situation:
Number of Children / Total Joint Gross Annual Income Limits
None / £18,000
One / £20,930
Two / £23,860
Three / £26,790
Four / £29,720

If you are over those then there is still remission 3 - means tested.

5. Monthly Expenses. Fixed allowances: partner; dependent children; general living expenses? (What are these amounts??)

Monthly Fixed Allowances: These are fixed allowances given to you for:
• Partner: £159 a month. Do not enter this figure if you are applying as a single person.
• Dependant Children:
£244 a month per child. Do not enter this figure if you do not have dependant children.
• General Living Expenses:
£315 a month. Do not enter this figure if you have no monthly housing cost.



Also, I set up most of the S/Os for payments yesterday regardless of whether the creditors responded to accept. Should I do this with the Northern Rock payments as well or wait until the Judge has stated the instalment amounts? My guess is go ahead and set it up to show willingness to pay.....?

YOU GOT IT

[Amethyst]

Re: BOBSCOUSE v Northern Rock/Pinnacle

N244 - 4. No

EX160 - title /number of form is N244 (yep its each time you have to enter a form)

Hi Ame,
Just checking some information before it goes into the post tomorrow.

N244.

4. Have you attached a draft of the order you are applying for? YES/NO (I have already answered the question What order are you asking the court to make and why? by asking for the instalment amount to be redetermined - for this reason I'm guessing that the answer is NO)

EX160

Limits

You are applying as part of a couple: Check the table below to see if your joint gross annual income is within the limit appropriate to your situation:
Number of Children / Total Joint Gross Annual Income Limits
None / £18,000
One / £20,930
Two / £23,860
Three / £26,790
Four / £29,720

If you are over those then there is still remission 3 - means tested.

5. Monthly Expenses. Fixed allowances: partner; dependent children; general living expenses? (What are these amounts??)

Monthly Fixed Allowances: These are fixed allowances given to you for:
• Partner: £159 a month. Do not enter this figure if you are applying as a single person.
• Dependant Children:
£244 a month per child. Do not enter this figure if you do not have dependant children.
• General Living Expenses:
£315 a month. Do not enter this figure if you have no monthly housing cost.



Also, I set up most of the S/Os for payments yesterday regardless of whether the creditors responded to accept. Should I do this with the Northern Rock payments as well or wait until the Judge has stated the instalment amounts? My guess is go ahead and set it up to show willingness to pay.....?

YOU GOT IT


This is the EX160 guidance - http://www.hmcourts-service.gov.uk/c...a_web_0709.pdf