Nat West taking me to court

yellowduck_2

I am in tears as I am tying this. Despite going through CCCS and now my local law centre Nat West have refused my offer of a £10 a month token payment (i make it anyway) and today have sent me a solicitor's letter saying that they will be going for a ccj and a charging order. I am so upset I can't stop crying. I have been trying to negotiate with them for 5 months. They ignore me and also ignore agencies acting on my behalf. I get £89.90 ESA I owe them £6,700. I have just phoned them and they have told me that as I own the property outright they can force a sale. My child is grown up now so I can't say I need a home for him. My house is only a two up two down and the cheapest you can get in my home town so I could not sell up and get somewhere cheaper. I really hate the way they are treating me and do not know what to do now.

G2M

Hi yellowduck,

Keep your chin up, I'm no expert so can't really help much, but you are not alone.

From what I have read it is good that you are making a token payment to them, this will work in your favour if it goes to court, they may just be trying it on with you. Try not to let them get to you.

Tixy

Hi

The letter from the solicitor - does it say that they will be going for a ccj and charging order or that the may or could. Even though it looks official it could still be just bullying threats.

That said if you get court papers come through they will be for a CCJ, you need to complete these to show what you can afford - if thats £10 then put in £10. If the judge agrees he will grant the CCJ and you will have to pay the £10. They would only get a charging order if you don't keep up with the repayments.

A bit late now but I would suggest you don't tell creditors that you own your property or don't have a mortgage as it gives them ideas.

Even if you got a charging order, these usually just sit on the house until you decide to sell, a forced sale order is uncommon (although as you say it doesn't help that you have no dependants).

Try not to worry, perhaps you could get advice from CAB or someone?

DGJsaver

surley no sane judge would possibly force a sale for the sake of £6900 ?!?!??!

yellowduck_2

Thanks, This is what the letter says " We act on behalf of National Westminster Bank PLc to whom you are indebeted to the sum of £6,731. We are instructed that there is no reason for payment to be withheld. Unless the monies owed are paid in full within fourteen days further action will be taken against you to reciver the amount outstanding which may include seeking a Money Judgment through the County Court and applying for a charging oder against the property you own. Please send your payment to this office for the amount quoted above"

now i have calmed down I have noticed the word "may" so they"may" be trying to scare me. Well they put the fear into me! Why does that fact that I am on benefits not count as a reason for not being able to pay? Part of me thinks well lets go to court, surely any judge will see that I am not deliberatley withholding payment. They have been sent 3 income and expenditure statements, they have been sent proof of my benefit, they choose to ignore all this. I wish i had not tod them I own my house, but as I have zero for mortage or rent of my expenditure they can work this out for themselves. I suppose I could have said that I rent the house and rent is covered by housing benefit, but I am not a liar and think that this sort of lie would come to light anyway. They just stress me out so much, can't eat. Do appreciate your support folks.

DGJsaver

dont let them get to you so much !!!!! they cant have what you havent got , as long as your SOA is accurate , no judge is going to order more than you can afford , and i dont know , but i just cannot see a forced sale....

DarkConvict

If your on benefits and are still trying to make payment, well done. That is difficult to do. If they go for a CCJ it will show you are paying more than you can afford, as your benefits are in part your care costs, so they are an income which is equally balance as an outgoing.

Granting a CO if you own the house is possible but they need a CCJ first, but they wouldnt get a forced sale for such a small amount. I reckon based on the fact you are paying and they have continued to ignore you and avoid your appointed respresenative the judge would side with you!

OFT Guidelines

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

Deceptive and/or unfair methods
2.7 Dealings with debtors are not to be deceitful and/or unfair.
2.8 Examples of unfair practices are as follows:
d. contacting debtors directly and bypassing their appointed representatives
e. operating a policy, without reason, of refusing to negotiate with
debt management companies
f. passing on debtor details to debt management companies without the
debtors' informed prior consent
g. failing to refer on to the creditor reasonable offers to pay by instalments