What happens next???

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jane.l

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Post by jane.l » Sat May 19, 2007 10:59 am
I received a letter today from Eversheds, it says they are instructed on behalf of NRock to recover an unsecured loan, they want £30,421.80 by NEXT WEDNESDAY!!!!!!!! The loan was originally for £20,000, can they try to claim the extra amount, I presume its interest??!!!

If they don't receive this full amount they will commence legal proceedings, what will actually happen? Will this be a charging order on the house or court papers for a CCJ? I am supposed to take any corresspondence regarding court papers to the CAB who are helping us in alll this. This is the first letter I have had for a couple of weeks, it all seems to have gone strangely quiet. I have not paid the mortgage, secured loan or any other creditors for over 3 months now and I have heard absolutely ZILCH!!! Is this the norm? I just wish they would hurry up and repo the house and be done with it!!!!!!!!!
 
 

MelanieGiles

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Post by MelanieGiles » Sat May 19, 2007 11:39 am
Hi Jane

Yes - Northern Rock are entitled to charge interest on their debts, and I imagine you have probably taken out payment protection insurance as well which will increase the balance due.

I am sure that the CAB will be able to deal with this for you.

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
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Storm

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Post by Storm » Sat May 19, 2007 11:49 am
The amount due includes any contractual interest / charges etc and will utimately increase with legal costs and court fees.

You should recieve county court documents in the next 10 days which will give you a pre-defined time to respond etc. I don't think you have any defence (from memory) so this will mean a substantial judgement in a matter of weeks.

Once summary judgement is obtained NR have a number of remedies - not sure Eversheds would see the value of a charging order as they would sit behind your secured loan. So attachment of earnings and bailiff action is more likely.

Seperately with 3 months arrears NR should start recovery proceedings soon which needs to follow a specific repossession process. With disposal etc this will probably take upto 6 months.
 
 

jane.l

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Post by jane.l » Sat May 19, 2007 11:51 am
I didn't take the payment protection insurance with them, they were charging too much for the premium, so I took a policy with another company, it was on an ongoing monthly payment, which has now stopped as that bank account is no longer in use. I don't see how they can justify charging an extra £10,000 just for interest, the other companies I have debts with are not putting such high fees on top of the original debt! Although I think Picture might, I have not heard anything from them for a few weeks, and they have said nothing about my missed payments!!, the last letter they sent me said they would charge £1300 per MONTH if I did not pay!
 
 

jane.l

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Post by jane.l » Sat May 19, 2007 11:55 am
ooo, you've got me quite worried now, about bailiffs, etc. CAB said if we get any court papers we need to take them in and they will help us, they said if we go to court and agree a monthly figure to pay, and as long as we pay something, then we should not have any further action from them, is this not true???? I think things may get stressful from now on but what can I do? We are still saving up for bankruptcy fees, and the house situation is still not sorted out! We are not living in the house anymore and nobody knows where we are, but how long will this remain secret, I just don't know??
 
 

Storm

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Post by Storm » Sat May 19, 2007 12:04 pm
The amount you will need to agree to pay has to be a reasonable sum based on your disposable income (You can't just offer a £1 per week for 30,000 weeks).

You will be suprised how good trace agents are....
 
 

Dominic

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Post by Dominic » Sat May 19, 2007 12:08 pm
this sounds like the usual letter you get when you go into the iVA/Bankruptcy process I wold contact Northern rock and tell them what you are doing or get CAB to do it, I have read that Northern Rock try to say IVAS are not accpeted but they will say that.

Baliffs cant enter your home without a court order so if they tunr up do not let them in no matter how threatening they are.
 
 

jane.l

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Post by jane.l » Sat May 19, 2007 12:32 pm
I am really worried and stressed now. We originally looked into an IVA and had a proposal drawn up and they sent letters to the creditors that we were proposing an IVA. We have since realised that the IVA figures were totally unrealistic so never signed and returned the proposal and are now going to petition for bankruptcy as soon as our house, which is in negative equity, has been repossessed and sold and we know the shortfall we will owe on the house to Picture Finance, (this is the course of action was have been advised on by CAB) so I feel really stressed now
 
 

Storm

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Post by Storm » Sat May 19, 2007 12:46 pm
The repo and sale process is not a quick one Jane - there are legal procedures which have to be completed in a specific timescale (normally to help the individual I might add).

Certainly within the environments I operate the process is taking 5-6 months from start to finish.

If you are suggesting which I think you are that you want to wait the 6 months then you will have to deal with a number of your creditors on the way.

Some I am sure will be happy with some form of token payments others will persue action through the courts.
 
 

Adam Davies

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Post by Adam Davies » Sat May 19, 2007 2:51 pm
Jane
Speak to the CAB again because I think that you are in for a very stressful few months.From memory I think Melanie suggested that you apply for bankruptcy now but CAB have advised that you should wait until your property is repossessed but as Storm states this could be at least another six months.
Keep posting please.
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MelanieGiles

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Post by MelanieGiles » Sat May 19, 2007 2:55 pm
This thread keeps coming and going. There is no benefit to delaying the bankruptcy - only months of stress ahead of you if you delay further. If you do not think that my advice is correct, I suggest you go to a properly qualified lawyer to get a definitive answer.

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
Regards, Melanie Giles, Insolvency Practitioner
 
 

jane.l

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Post by jane.l » Sat May 19, 2007 3:16 pm
I just wonder why the CAB would advise that the best thing to do is to wait before petitioning for bankruptcy? I am really getting worried now and have been thinking that maybe we should be on some kind of DMP until the house is sorted. But how would this work, we have about £115 per month disposable income after all essential payments, eg. rent, council tax, gas, electric, water, etc. So if we had to pay all that to a DMP, how could we save up for 2 lots of bankruptcy fees?!!! I know the house repossession would take months and that is what is worrying thing at the moment as the creditors will probably take action long before this is sorted. I really want to get this over and done with, thats why we went to CAB, to get some up-to-date advice and it seems their advice is different to the advice on here!!!!! I am just so terrified of going through something as huge and serious as bankruptcy only to have made a mistake with the house situation, the CAB said if the house takes longer than a year to be repossessed and then sold, and we go bankrupt now, we will be chased for the shortfall after being discharged, I cannot take that chance!
 
 

MelanieGiles

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Post by MelanieGiles » Sat May 19, 2007 3:26 pm
Jane

I don't want to rubbish the advice you have been given by the CAB. But I simply don't agree that it is correct. The CAB do a marvellous job out there in the field helping people to deal with their debt, but they are not lawyers and this issue is a legal one. Can I now suggest that you go for some advice to an insolvency experienced lawyer, who can give you chapter and verse. Most firms offer a free 1/2 hour consultation, so take advantage of it to find out exactly where you stand.

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
Regards, Melanie Giles, Insolvency Practitioner
 
 

jane.l

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Post by jane.l » Sat May 19, 2007 3:40 pm
I would just love to sort our problems out but where do I find a lawyer? I have searched on internet and cannot find any in my area? We are getting increasingly desperate!
 
 

MelanieGiles

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Post by MelanieGiles » Sat May 19, 2007 4:06 pm
Jane - what part of the country do you live in? I will see if I can recommend someone. I'm getting deja vu here, as I think we may have done this before?

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
Regards, Melanie Giles, Insolvency Practitioner
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