chinawhite - Court Papers Received

[chinawhite]

Hi
I wonder if anyone can give me advice on a letter i have received from Irwin Mitchell, they have been sending lots of letters threatening court action on behalf of royal bank of scotland , i have been sending token payments regularly and copies of budget sheet.
I have today received a letter saying "application for money judgement" - and then" it has now become necessary for us to progress county court proceedings against you in relation to this debt and as a consequence you are liable for any additional interest and costs incurred. Following this our clients instructions are then to enforce any judgement obtained against you by way of a charging order on your property. This will attach equity in your property.
Please contact us today to discuss payment of this outstanding sum"

They have never acknowledged receipt of any of my letters or payments.
Is this the first stage of them taking me to court or should i write to them sending another budget sheet ???

any help would be appreciated.

thanks CW

[Never-In-Doubt]

Re: Help with Unenforceability

Hi
I wonder if anyone can give me advice on a letter i have received from Irwin Mitchell, they have been sending lots of letters threatening court action on behalf of royal bank of scotland , i have been sending token payments regularly and copies of budget sheet.
I have today received a letter saying "application for money judgement" - and then" it has now become necessary for us to progress county court proceedings against you in relation to this debt and as a consequence you are liable for any additional interest and costs incurred. Following this our clients instructions are then to enforce any judgement obtained against you by way of a charging order on your property. This will attach equity in your property.
Please contact us today to discuss payment of this outstanding sum"

They have never acknowledged receipt of any of my letters or payments.
Is this the first stage of them taking me to court or should i write to them sending another budget sheet ???

any help would be appreciated.

thanks CW

Hiya

What type of account is this and when was it taken out?

[chinawhite]

Re: Help with Unenforceability

Hi
its a personal loan and an overdraft taken out about 8 years ago - I have CCA'd the loan and the agreement has all the required terms so cant go down that route. Just not sure what to do next .

[Never-In-Doubt]

Re: Help with Unenforceability

Hi
its a personal loan and an overdraft taken out about 8 years ago - I have CCA'd the loan and the agreement has all the required terms so cant go down that route. Just not sure what to do next .

email me the agreement please plus their cover letter that they sent with it. The overdraft - forget, these are CCA Exempt - you must pay or ignore it.

However the loan, let me check for you......

see my signature for email address

[chinawhite]

Re: Help with Unenforceability

Hi
Thanks, i will dig it out and get it to you - is this letter from irwin mitchell a genuine notice of court action do you think or just another scare letter

regards
CW

[Never-In-Doubt]

Re: Help with Unenforceability

a genuine notice is called a form N1 and would be sent from Northampton Central Claims (Processing Centre)......

Please email me the letter etc....

[chinawhite]

Re: Help with Unenforceability

thanks Nid,

will get my scanner sorted and send them later today

regards CW

[chinawhite]

Help with Unenforceability

Hi Nid
have emailed you docs and lettter and also an email saying i have now received court docs - from northampton - not sure what to do with them ??????
thanks CW

[toddle2u]

Re: chinawhite - Court Papers Received

You need in the first instance to send back the acknowledgement of service so that you can get 28 days instead of 14 to get you defence in

[Never-In-Doubt]

Re: chinawhite - Court Papers Received

Did you send me an email? Can't find one from you? Eeek

But you need to respond right around 12 days to get the maximum time of 28 days....

[chinawhite]

Re: chinawhite - Court Papers Received

Hi, first posted about this some time ago, went to court and was ordered to pay 25 a month (court date was 1 march ) but the judge said he was allowing RBS to apply for a charging order.

Irwin mitchell wrote and said that they were going to apply but would consider a settlement figure. I then wrote back asking for figure. I had to resend the letter and email them as they just kept ignoring it. Thy then sent me an acknowledgement letter saying comments were noted.

Today I have received a letter stating that they have now obtained an interim charging order and intend to make it final. They say they are going to write to all my other creditors advising them of this.

They then say its still not too late to agree a settlement !!!!!!!!!!!!!!!! I have written asking them for a figure on more than one occasion. Im way in over my head on this one. really not sure what to do

Can they make the charging order final without me knowing about it ??????

any info appreciated. thanks

[Never-In-Doubt]

Re: chinawhite - Court Papers Received

Hi, first posted about this some time ago, went to court and was ordered to pay 25 a month (court date was 1 march ) but the judge said he was allowing RBS to apply for a charging order.

Irwin mitchell wrote and said that they were going to apply but would consider a settlement figure. I then wrote back asking for figure. I had to resend the letter and email them as they just kept ignoring it. Thy then sent me an acknowledgement letter saying comments were noted.

Today I have received a letter stating that they have now obtained an interim charging order and intend to make it final. They say they are going to write to all my other creditors advising them of this.

They then say its still not too late to agree a settlement !!!!!!!!!!!!!!!! I have written asking them for a figure on more than one occasion. Im way in over my head on this one. really not sure what to do

Can they make the charging order final without me knowing about it ??????

any info appreciated. thanks

Give the court a call and ask for their advice, they (the DCA etc) should be at least speaking to you however a CO doesn't really matter too much anyway - unless you're thinking of selling up?

[chinawhite]

Re: chinawhite - Court Papers Received

Hi Nid
thanks for the reply, not sure about selling, may not have a choice eventually !!- got a letter from the solicitors when i got home today offering a settlement of 70% of the balance and if i pay that the app for a CO will be withdrawn !!!

- theres no way i can do that i could probably get maybe 20-30% - do you have any experience of offering lower settlements or could you point me in the right direction maybe .

thanks, regards CW

[Never-In-Doubt]

Re: chinawhite - Court Papers Received

Hi Nid
thanks for the reply, not sure about selling, may not have a choice eventually !!- got a letter from the solicitors when i got home today offering a settlement of 70% of the balance and if i pay that the app for a CO will be withdrawn !!!

- theres no way i can do that i could probably get maybe 20-30% - do you have any experience of offering lower settlements or could you point me in the right direction maybe .

thanks, regards CW

You should ring solicitors and tell them you can pay 30% tops - see what they say.....?

As for selling up, would you make a profit or neg equity?

[chinawhite]

Re: chinawhite - Court Papers Received

hi

would be some profit , not a significant amount though !!!!! . Have found the thread on this site about full and finals so have been looking at that - will offer 25% to start with i think as that equates to roughly the amount from the calculation provided on here - will let you know how i get on !!!!!

thanks for all the info you provide, the help is invaluable !!!!

Regards

CW