Northern Rock

[loobylou]

Hi all,

I have been reading everones recent posts with regards to Northern Rock and them preferring DMP'S rather that IVA's, I tried to come to an agreement last year with all my creditors to pay them via a DMP which I was organising with the help of CCCS, all of my creditors agreed to the DMP apart from Northern Rock who sent me a CCJ, I had agreed to pay £250 per month into my DMP and then the CCJ was for another £100 and I couldn't afford to pay them both so my DMP Collapsed, so it is thanks to Northern Rock that I am now looking to go into an IVA and it looks from everyone elses posts that this will not be accepted so my only option then will be BANKRUPTCY.

[catullus]

Loobylou

This is quite interesting but there must be a bit more to the story because a CCJ in itself doesn't fix a monthly repayment.

Was there a subsequent court hearing to consider your financial position and a monthly amount that you should pay, and if so, did you attend?

I'd be interested to know and also what your DM company advised you to do.

[MelanieGiles]

Hi loobylou

Are you a property owner? If so, Northern Rock are probably taking CCJ action against you as a first course to charging order action against your equity.

And to follow up Catallus' earlier point - why did your DMP company advise a DMP rather than an IVA in the first place? Was this because of the Northern Rock debt?

Do Northern Rock hold more than 25% of your aggregate debt?

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

[loobylou]

Hi Catullus,

It's quite confusing really, at the time I was burying my head in the sand and I didn't really want to accept how much of a problem that I had got my self into, and after reading a few posts on here I am not sure if it was an official CCJ that I have recieved, this may sound silly but I was really quite naive at the time I will explain exactly what happened with regards to this 'CCJ' and perhaps someone could tell me what they think, I received an official looking letter that requested my income and expenditure and I filled it out, I then received another letter back to say that I had to pay £100 per moth and send a cheque every month to a Company Called Eversheds LLP In Cardiff, the address was just a PO Box Number, they did not give me any names or telephone numbers of people to contact if I had any queries, I sent the cheque of as requested for quite a few months but then I missed a Couple of payments and Northern Rock began chasing me for the money again, would they do this if it was an official CCJ, I didn't ask any advice at the time because I was just too embarrased, I feel really stupid now, But to be honest with you it is only now that I am really facing up to my problems.

[loobylou]

In reply to Melanies question no I am not a property owner I still live with my parents

[MelanieGiles]

Can you answer my other two questions, as we may then be able to give you more advice.

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

[loobylou]

Hi Melanie,

Yes Northern Rock are my Biggest Creditor and to be honest I do not know why CCCS Suggested a DMP rather than an IVA, Sorry

[catullus]

I am almost certain from what you say that it was not a CCJ. It is very common to have forms sent to you that appear to be official but in reality they are not.

I would have thought that your DM company would have been happy to help you through this, perhaps that's the lesson you've learned. Always ask for advice,debt can be very complicated and there are certain collection companies that exploit this.You'll always find sympathetic advice on this board.

So, going back to the position that you are in, you may be able to resurrect a DMP but whether that's a good thing for you depends on how long it will take you to pay off your debts through a DMP. If its any more than 5 years, and assuming that you wouldn't get an IVA (because of Northern Rock) bankruptcy might be better for you.

[loobylou]

Pretending to send you official court documents is a very harsh way of dealing with things isn't it, Is there any way to find out if I do have an actual CCJ, Northern Rock have also recently said if they don't recieve my monthly payment they will send an attachment of Earnings to my employer, would they do this if they had sent me a CCJ or can they do this anyway

[MelanieGiles]

Is there anything which particularly bothers you about applying for bankruptcy, as with no assets financially this could be the best option for you. Some of the other forum posters have very good blogs detailing their own experiences of going through this procedure, and you may be pleasantly suprised at what they have to say.

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

[Adam Davies]

Hi
They would have to go back to court to get an attachment of earnings order[if they have actually got a CCJ against you,and I doubt that]]but you would need to file a defence stating your income and expenditure and showing that you simply can,t afford the £100 per month.A CCJ judge will not grant an order if it will leave you in financial hardship.
You can ask experian and equifax for a copy of your credit file [£2 cost] and check to see if you have the CCJ,you can even do this online for a higher fee.
Regards


Andy Davie
IVA.co.uk Spokesperson

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp