Bluemonday 3 Unenforceability Diary

[Still Waving]

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

[Bluemonday3]

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

[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]

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]

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]

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!

[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]

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.

[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]

Thank you I will take a look, this sounds very similar to what NDL told me. I will have to see if I can find the notices as I am not sure where these are at present. I will not have got rid of them but cannot place them at present. I did request the SAR to see if I could get this info without having to trawl through my papers but have hit a brick wall.

[Still Waving]

I don't know much about these things. As NDL have been helping you, you have probably seen the info in this link -
https://www.nationaldebtline.org/fac...t-on-a-ccj-ew/

It would probably be useful if you can establish from your records whether BM have complied with their obligations, ie did they include the special notice outlined in bold in the From 1 October 2008 section, on their default notice, and whether they have sent you the required new notices at 6-monthly intervals.

There is a lot of useful info on that link, but it is a lot to digest.

[Bluemonday3]

Current level of this debt is approx£17,756.02 & arrears approx £2334.37 I have requested a SAR as per advice from NDL but they won't give me one unless I provide my signature and certified ID. I have raised this as a separate complaint and will go to the ICO if required as I asked for a verbal one after passing security but I was told 'no'

[Bluemonday3]

So I have never posted fully about Birmingham Midshires loan and this messed this has caused me so here goes the best that I can..

Birmingham Midshires unsecured loan Feb 2008 £26,250 taking along side my mortgage (through desperation and bad financial advice to consolidate debt..didn't work!)

Step change formerly CCCS at the time advised that they could not treat this creditor any different to my others so monthly contractual payment decreased from £182.85 to DMP rate of £41.54 per month in Sept 2009.

CCJ applied for in March 2010 £26,656.46 plus £360 court fee, plus £100 solicitor fee, total £27,116.46.

In July 2010 the following was ordered

The judgement be papyable forthwith.

The claimant may not enforce the judgement other than by the way of a charging order application, without leave of the court whilst ever the defendant pays £41.54 per month, first payment 25 June 2010.


National debtline advised me recently that this is a strange 'hybrid' CCJ.


Final charging order was applied in 13 August 2010 for £28,204.37


So I have been advised by NDL that the 'contractual payment' no longer exists as the CCJ supersedes this.


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.

In sept 2016, I started to make slightly increased monthly payments to address the arrears.. at no stage was I asked to but I received regular letters advising of the level of arrears.

I have maintained the contractual monthly payments ever since slowly increasing this up to just over £10 per month to try to address the arrears.


Sept 2020- Birmingham Midshires updated their banking system, asking me to make one monthly amount opposed to the two seperate standing orders and the account number changed.

I raised this as a concern over the phone that how would they know how to allocate my payments if I did this. I was advised to change to direct debit as they would do this automatically but I advised them I wished to continue by standing order and I knew this would be messed up with my payments as they would not allocate this properly.

This is exactly what happened and I ended up with mortgage arrears as they did not allocate the payments accordingly.

The complaint manage advised that she would re-allocate the payments and then forgot! so I ended up escalating my complaint until this was put right.

They then put the loan back on back credit file when this had come off in 2016!

A further complaint was sent in for this and they have upheld the complaint, taken back off the credit file and paid £100 into my bank account, which I did not agree too.

I have further advised that as a direct result of the loan been added back onto my credit file a credit account I have (never use but not the point) has decreased the credit amount from £5000 to £1500. I have advised them of this and said I am not happy re the £100 compensation.


I have no intention of using the credit account but for me it is a matter of principal.


They have then pursued me to enter into a formal agreement to make payments towards the arrears. Incidentally before all their bank change they were accepting my payments with no issue nor further action.


In the mean time I have sought advice from National Debtline who advised they have no right to do this, as the court set the amount and at no time have I been taken back to court to pay more. I have done this myself to try to clear the debt.


NDL have advised a few actions I could take and they are not convinced they are sending me the correct paper work to be in a position to be charging excessive interest. I am not pursuing this at the moment as they have given me a lot of information, a lot of what I am not fully sure of as I am scared to make a mistake.


I hope this makes sense as this has been going on over 10 years.

[Bluemonday3]

I will have the acknowledgement letter somewhere in my despicable filing system, as I have not got rid of anything.. I will add this to my to do list to find .. I know I have it. Thank you again

[Still Waving]

Thank you so much, from my recall I sent to Lloyds and then Westcot, neither came back with the CCA, so I will sit tight.. I am wobbling a bit as I think Link maybe a be a bit more determined!

You should keep a copy of all your letters, so that you have a full record. I don't know whether you have a copy of your CCA request, but in post #8 you say - 12/4/18 Received a letter from Wescot saying that the dispute I had with Lloyds over my default date has been resolved so I need to start making payments again.
No mention of my CCA request, even though I have a letter from them acknowledging this.

I hope you have at least kept that acknowledgment letter.

I see that there is a relatively small amount outstanding on this one, so please don't get too concerned.