court date 29th June, approved!

[rachel33]

We re-mortgaged a couple of years ago and so thats why not so much equity also ours is a terraced house and without giving too much away about where I live we don't live in an area of the country where prices for terraces are as high as other areas. It's great to have people like yourself who can advise others and can make me see that there is a way forward, when we found out my IVA was rejected we were devastated but maybe this was meant to be, the worst part was the thought of my name being in the paper! but I'm not bothered now, if we can sleep at night then I don't really mind!
Take care
[:)]
Rachel

[rachel33]

Hello everyone,

I'm getting more nervous - only 7 days til court! I today received a 'judgment for claimant (in default)' from Gateshead county court demanding I must pay the full amount by 21st June (?!) and that if I ignore the letter my goods may be removed or sold - do I just take this to court with me next week and should I ring Gateshead County Court to explain I'm filing next Friday? I don't fancy someone turning up at my house next week demanding items from my house.
Sorry loads of questions as usual.

Rachel

[Storm]

I would take details of the CCJ with you next week.

The court doesn't act that quickly so you shouldn't expect somebody knocking on your door before you court date.

[rachel33]

Thankyou for the quick reply, I don't know what I would have done without this website and I only wish I had started using it alot earlier!

[davewardy]

Hello everyone,

I'm getting more nervous - only 7 days til court! I today received a 'judgment for claimant (in default)' from Gateshead county court demanding I must pay the full amount by 21st June (?!) and that if I ignore the letter my goods may be removed or sold - do I just take this to court with me next week and should I ring Gateshead County Court to explain I'm filing next Friday? I don't fancy someone turning up at my house next week demanding items from my house.
Sorry loads of questions as usual.

Rachel

If anybody does turn up which I doubt just dont let them in keep doors and windows shut they don't have the power to enter and don't sign anything they hand you, Whilst I was waiting for my bankruptcy and people called I made a point of locking the door behind me keys in pocket of course, would tell them that bankruptcy proceedings were taking place and refused to sign anything. Don't be bullied by these people.

[rachel33]

Thanks for the advice Dave, at least I am at work during the week so no-one will be at home for most of the time also we have a door where there is no outside handle! it's a pity there isn't some kind of system where if you have a date for court it should be registered and no-one should be able to contact you - it's totally out of our hands if we can't get into court for over 2 months, never mind, not long to go now.

[debandbatch]

Hi Rachel, I know what you are going through. I too received Judgment for the Claimant from Gateshead County Court in respect of Northern Rock who refused my IVA. They wanted the full amount to be paid within 14 days which was impossible. My husband and I are now in a DMP with CCCS because we can't face going bankrupt, we cannot even tell our family what a mess we are in. I wrote a letter to the court explaining the situation about the failed IVA and that we are now in a DMP with CCCS and sent the forms back putting forward the proposals CCCS told me to and still they are taking it further. I received this morning a notice of hearing for the 24th July for the final Charging Order to be made when I must attend. It has now been 7 months of hell and I just do not know what to do for the best anymore. I worry that we will not be able to manage with the DMP for a year let alone 17. We had hoped to attempt another IVA but I think this will be out of the question now with this happening. All I seem to do these days is browse this forum and try and pursuade myself everything is going to be o.k. At least hopefully soon you will be able to feel human again and have peace of mind. I wish you every success and happiness for the future.

[rachel33]

Thankyou Debandbatch, please don't give up hope though, you are doing all that you can, I thought it was a personal thing at first with NR but then you realise they treat everyone the same no matter if you have been a customer for years and never missed a payment until circumstances etc change. Gateshead County Court must be so busy! Different companies seem to have different rules. I also spent the first 5 months reading the forum and not posting and I wish I had started earlier because the support is truly brilliant.
Best wishes to you and please try and stay strong.
Rachel

[MelanieGiles]

Hi Debandbatch

I assume it is Northern Rock who are going for the Charging Order, and that you are not intending to defend this action. What level of unsecured debt will you then be left with, and what were your proposed payments into your original IVA?

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[debandbatch]

Hi Melanie,

Yes it is Northern Rock who are going for the Charging Order. I do not see how I can defend it when I owe the sum due even though it is not fair on my husband as it is my debt and all our other creditors are not doing this. I know they are entitled to but what chance have I really got of stopping it they seem intent on doing this and I stand no chance against them. Lloyds TSB are owed a lot more than Northern Rock and at the moment are being o.k with us. I originally took out a personal consolidation loan with them in 2005 but unfortunately refinanced this loan in July 2006 again a consolidation refinance for 120 months at £337.00 per month. In the original IVA proposals were put forward at 40.41 but now with the DMP through CCCS their payment is £86.93 so I can understand why they are not happy but there is nothing I can do. We knew an IVA would be hard but we really wanted it to be successful as bankruptcy is not an option. My husband would most likely lose his job because of the security involved and the places he works in and myself working for a Solicitor who I have known and worked for for half my life I do not think I could embarass myself or let him down. I am supposed to attend the hearing on the 24th July but am terrified I see someone from the office there which I am bound to but I may not be able to get time off anyway. The unsecured debt element if Northern Rock were not in the equation would be about £87,000.00.

[MelanieGiles]

What I am trying to establish here is could you propose another IVA when Northern Rock have secured their charge? This is not really fair on the other creditors, however they may still take a view that to receive something is better than nothing. How much disposable income do you presently have - ie how much were your original IVA payments, and what was the basis of your original proposals?

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[debandbatch]

Hi Melanie,

CCCS have worked out our disposable income is £631.00 however Thomas Charles and Wilson Phillips worked it out to be £855.00 surplus income based on 40.41. I am not sure what each creditor's monthly payment would have been. The reason we tried for an IVA was because we had reached a point where we could no longer bury our heads in the sand and kid ourselves that consolidation loans were going to get us back on the right track, we had hit a brick wall. We bought a house which had to be completely renovated and furnished after getting married and took out loans to fund these which was o.k in the beginning but the last 5 to 6 years my husband's work has lapsed and therefore trying to keep our heads above water we have borrowed more money each time genuinely thinking we could manage and in x amount of years we would be free of debt. We do genuinely regret things have gone wrong and wish we could turn the clock back. I certainly did not borrow money from Northern Rock and think oh well need not worry about paying I will get an IVA sorted out. It took an awful lot of courage believe it or not to speak to Thomas Charles in the first instance I felt so degraded and ashamed saying all the figures to Colin Anderson. Any advice at all I would be extremely greatful.

Thank you
Debbie

[zoe]

Hi All
Well this seems to be Northern Rock's stance at the moment doesn't it. They imposed unrealistic mods on my IVA so didn't accept.
I Received a letter from the solicitors for N/Rock stating they would get a CCJ, then ask for a charging order. I called the solicitors wallers to state i was going bankrupt. Northern Rock decided to continue anyway and spent another £500 trying to get a CCJ!!!! i am now bankrupt and they wont get any where near my IVA divendend. I appreciate i borrowed the money in the first place but they will now get next to nothing. I tried!!!!
Z
X

[MelanieGiles]

Hi Debbie

It may be possible to propose another IVA if you can come to some agreement with Northern Rock to pay them when they have secured against your property. As I said in my earlier post, this does give them the advantage - as they will now see their debt eventually paid in full - and this would have to be fully disclosed within a new proposal.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk