Bluemonday 3 Unenforceability Diary

[Still Waving]

Do you have a copy of the Judgment?

What I do not understand is how the judge could make an order for repayment at a rate much lower than the contractual rate, and still apparently allow interest to be continued to be added. It stands to reason that this would mean that the debt would never be repaid, but would just continue to increase. Is the interest accruing at 8%?

You say So I was paying £41.54 every month through step change as the arrears continue to spiral. I took this outside of the DMP and started making the contractual payments. So you were back to paying £180-odd pm?

[Bluemonday3]

To be honest I’m so rubbish I have no idea of the interest rate.. I do have the judgement. I started paying the contractual payment for the very reason you mentioned, that the debt would never be paid otherwise. I’m sorry for the confusion but I was making the contractual payment outside of the DMP because the £41.54 was never going to clear it.

[Roger]

BUT you should only pay what the JUDGE said!!
DON'T pay any more or less than that!

YOU only repay the DEBT as JUDGED not a penny more or less!

Interest and increases What planet are these people on!

ALWAYS OBEY WHAT THE COURT SET!!!!

[Bluemonday3]

This is why I needed advice, the judgement states that interest can accrue so I would never pay this loan off! Also I am scared stiff as this is attached to my house. I just want rid of the whole thing. I have no idea what I am doing.. I am just so confused, Birmingham Midshires keep applying the pressure and I am awaiting for the change to the interest rate dropping on my mat any day now due to the change of interest by bank of England to add more!

[Still Waving]

I am at a loss as to how a judge can order repayments well below the contractual rate AND allow the accrual of interest. WHAT WAS HE THINKING ??

I think you need to seek legal advice as to whether a Review of the judgment can be requested after the time elapsed. The judge, it seems, was an ass. That was not an equitable judgment.

As you have reverted to paying the contractual rate, the bank would likely argue that you can afford it.

[Bluemonday3]

NDL sent me quite a few things to read through and forms to apply back to the court but I am scared to do this without advice, I will endeavour to seek legal advice so I can try to get this sorted out once and for all. I was not in a good place when I was taken to court and just accepted what was issued. Step change did not advise this was not correct.

[Still Waving]

Why not contact Joanna Connolly Solicitors? The basic issue is the judgment and its implications (ie an ever rising debt), and what can be done about it?

[Bluemonday3]

to be honest, I did try and emailed this in but I have not heard back

[Still Waving]

I would send a polite follow up email. They know you are on AAD, do they?

[Bluemonday3]

I will do that as I know Christmas got in the way! I think they know I am no here as I have spoken with a couple of people there re the credit file saga with Birmingham Midshires

[Still Waving]

Just to be sure you could put in your email that you were advised on AAD to ask about the judgment and the prospects of getting it amended, as it is clearly not workable.

[Bluemonday3]

Thank you, NDL sent me forms to ask for this to be varied.. to be honest I have not really had chance to digest their advice fully, but it scared the hell out of me to start filling in court forms especially after all this time.

[Joanna Connolly]

I have emailed you.

[Bluemonday3]

Thank you so much

[Bluemonday3]

And now due to the Bank of England change in interest.. my mortgage & the home loan repayments have gone up!