Nationwide taking us to court for £1500

diddabunce · 27 July 2009 at 12:51PM

Hi

Long story coming up sorry I had an accident, it which i was left with a brain injury (HYdrocephalus) and i'm paralysed. I had to leave my very well paid job. This was two and a half years ago. Last year I had to have a major operation on my bowel and my husband was made redundant. It came at a welcome time and he became my full-time carer.

About 8 months ago we had a letter from Nationwide saying that we needed to repay our overdraft. I called and explained the situation and said can we pay £20 a month? after a ridiculous amount of phone-calls and us offering proof of what had happened they told us that we either pay £45 a month plus interest which would have been close to £55 a month or they would close our account. I paniced because we can't get credit and agreed. Well, it was a nightmare we repeatedly went over drawn, now a £900 debt is now a £1500. I managed to open a cashminder account with co-op and stopped using the nationwide account. I offered them £10 a month, which they agreed to. Out of the blue three months later we received a letter from them stating we had not kept up the repayments and unless we repay the full debt they would start legal proceedings. I had kept up repayments but they claimed that one was a couple of days late. Which was rubbish.

I called them up and the girl was rude and insulting asking me when i felt i'd be able to go back to work this was after she read out, You have a brain condition, your paralysed from the chest down and you have no bowel....... I am honestly am not a lazy person, but it's completely impossible. I told her she was idiot and did she finish school or could she not register what she was reading. She said because i was impossible to talk to she was gonna pass this straight to the courts. I put the phone down on her. (wrong thing to do may-be)

Well, we carried on paying £10 a month. We received court payments sent them back saying we were prepared to increase to £20. Nationwide declined. The court came back with £24.90 a month which we agreed and again nationwide declined. Waiting now to go to court.

The worst thing about all of this is the fact the accident was not my fault and we are expecting an interim payment soon. The compensation would be substantial. Nationwide have been told this.

Nationwide have asked that we pay £24.90 a month until the court date. I think this is wrong. I would rather not pay anything to them now and wait for the court to decide.

I can not get through to national debtline or find the answer on the internet.

Thought you chaps might know????:beer:
I am not worried about going to court anybody with a braincell would understand what we've been through the last couple of years. But, nationwide are completely impossible. I would recommend avoid an account with them at all costs. If you fall into trouble they are horrible and nasty to deal with.

Tixy · 27 July 2009 at 12:58PM

Hi diddabunce. Sorry to hear everything you have been through over the last few years and obviously you really don't need the hassle of the type you are getting from Nationwide.

It think it is usually advised to continue to make some sort of payment before a court hearing (to show you are willing to pay your debt), whether this is the £10 per month or more is up to you and how your finances are.

I would also suggest you stop talking to Nationwide on the phone. If they call ask them to put anything they have to say in writing to you and then (politely) tell them you don't wish to talk to the over the phone and hang up. There is also a letter you can send if they continue to call when you have asked them not to.

diddabunce · 27 July 2009 at 1:05PM

Thanks Tixy,

I think i'm concerned that if i make payments to them the debt figure is still staying the same. Currently with court costs £1560.97.

Say if i pay £20 a month and it takes 3 months to go to court. I do not believe this figure will be taken off, or am i just being dumb and it will.

I want to go to court just to prove "look at me"

We do not talk to them now and had to change our number because of them.

Rafter · 27 July 2009 at 1:08PM

I strongly suggest you correspond in writing as tixy suggests. I also suggest you copy your post to Graeme Beale, chief executive and ask for an apology for the way your case has been handled.

I also suggest you ask debtline, cccs or citizens advice to review your options and your income and outgoings with a view to getting your repayment offer agreed - I cannot see why nationwide can reject a court offer though!

Good luck

R.

milliemonster · 27 July 2009 at 1:18PM

I think that in the meantime, you must pay the £24.90 the court asked you to pay previously until this goes back to court as long as this is affordable, I can completely understand how you feel not wanting to pay them anything after the way they have treated you but the courts will not look favourably on you if you don't pay anything towards this debt.

Even if Nationwide don't accept this amount officially, still pay it monthly, irrespective of what happens to the total balance.

In the meantime, you can then put in a separate claim for your bank charges (there is another board on here about how to reclaim) which should hopefully reduce the sum considerably.

The biggest plus of this going to court is getting the interest and charges frozen and payments set at a sum that is affordable for you and that Nationwide will have no alternative but to accept

good luck

diddabunce · 27 July 2009 at 1:25PM

Thanks Rafter
I thought about making a complaint. I was so angry after i got of the phone to the girl that thought i should go back to work.
We owe lots of money and all our creditors have accepted everything we have offered and have been brilliant. Natiowide have been shocking! It's like they do not believe me even though we have proven everything we have said.

I would rather not go to court.... any suggestion would be great. A judgement was undered for £24.90 a month and Nationwide have sent a letter saying "they have all the members to consider and £24.90 is an unreasonable amount to pay as it will take 7 years to repay the debt"...... even though we have compensation coming. That could have gone into a nationwide bank account.

MyLastFiver · 27 July 2009 at 1:33PM

It's incredible to me that you haven't complained to Nationwide over their treatment of you. The junior call-centre drones you have been speaking to are under-educated and under-trained, and have little discretion to deviate from collections procedures. However there will be someone in their organization with half a brain who will be able to look at your case intelligently.

Nationwide are legally obliged to deal with you sympathetically, and they clearly have not done this.

So my advice? Make a complaint and escalate it as necessary in accordance with Nationwide's procedures.

Tell them what you've told us, and also be clear about what you want from them as resolution. Set out these requests as a numbered list. Not knowing everything about your circumstances I can't say exactly what these might be but I would suggest as a starting point asking them to withdraw court action, desist from further interest and charges, agree to a final balance for settlement (specify this) and agree to payment terms you can afford (specify this too).

Some will say that complaining will get you nowhere but I can assure you it does. I have had success with HSBC by escalating a complaint until it finally reached someone with a little intelligence and compassion.

I am an English teacher and very good at writing letters. PM me with a draft and I'll be happy to help you with this.

You have been treated appallingly and no-one above junior level at Nationwide even knows about your case. Get your letter written and good luck.

MyLastFiver · 27 July 2009 at 1:35PM

Sorry my post crossed with Rafter's excellent advice but my advice and offer still stands.

RAS · 27 July 2009 at 2:01PM

diddadunce

As a rule interest and charges are frozen when a CCJ is awarded, which is to your advantage.

You need to pay the £24.90 until the court case but I think you need to tackle Nationwide ratehr more firmly.

read these http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

They are pressuring you to make unreasonable payments and I think a formal complaint to Nationwide copied to the OFT is a starting point.

diddabunce · 27 July 2009 at 3:33PM

Thanks
Were going to write a letter of complaint. Never thought to do it sooner as we thought if they wanted to go to court, no Judge would be unreasonable to us with what we've been through.

The honestly have spoken to us appallingly.

MyLastFiver · 27 July 2009 at 5:33PM

OK but, although a cause for reasonable complaint, I don't think that the manner of the telephone staff should be the main focus of your complaint. That they have failed to take into account your circumstances, failed to accept your offer of payment, failed to stop interest, then proceeded quickly to court action, despite your obvious and proven inability to work, should be the main points of your complaint. In my opinion.

Nationwide taking us to court for £1500

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