Totally confused, feedback appreciated

carriel_2

I'm at what has happened this morning, I think i'm being lead a merry dance, so any offers of advice will be really appreciated, be warned, this may be long!

I have a DMP in place with Kensington finance, this has been going for 3 months, most creditors have agreed our figures, but I had a letter from Nationwide this morning saying they were starting legal action. Panicked & rang Kensington, she called them, then called me back, they are applying to the court to have the money we owe them secured on our home, I cannot remember what it was called, apparently we dont have to be at court, is this a CCJ? Any idea what this means? how do we repay it? Kensington said we'd pay it through them still, but couldnt give me details of how much it would be. She also mentioned that as our debt is under £5000, the court would be unlikely to go ahead anyway, but surely Nationwide would know this & wouldnt waste their time if it wasnt likely.

Instead of talking me through how I could work through this I was transfered to someone else who told me my best option would be to take out a secured loan & pay off all our debts, but I dont want to do this, it just means making our debts bigger which is the last thing I want.

I have contacted CCCS & have a phone appointment but its not until next week.

HELP! lol

MinniMe_2

sorry I can't be of any help but just wanted to send a hug. I'm sure ppl here will have the answers :grouphug:

msmicawber

Hi - I don't know much about these things, but why not contact the CAB or the other debt service recommended on here (Payplan, I think it's called) to see if you can get some advice more quickly.

justruth

Contact Nationwide with your CCCS details, and advise them that they will be interviewing you next week, this usually puts things on hold as they tend to work better with CCCS and CAB than companies like kensington. Also send in a letter with those details and should it ever go to court which it probably wont the judge will see that you made steps top try and resolve the situation.

sgx.saint

I was with Kensington Finance for nearly 6 months.

Big mistake, the company is not only useless but you pay them a fee for something which you or other companies can do for free.

Anyway, in answer to your main question, yes they can take you to court for a CCJ for any amount over £750. (Correct me if I am wrong).

But normally if the amount is £3000 or less, instead of a CCJ you can ask for an administration order. I am not sure if thats for a set debt or your total debt.

Anyway, Nationwide can apply for a CCJ to the court if you owe them anything over £750. I think Kensington are just trying to get more money out of you. Did they suggest to get the loan through them?

On another note, are you currently paying Nationwide what you can? As if you are you can appeal to the court to throw out the CCJ as it would be against the "Overiding Objectives" rule. Or you can head Nationwide off at the pass and send them a letter to that affect. Which is available from this website:

http://www.consumeractiongroup.co.uk/forum/

Basically, a CCJ shouldnt only be brought about if the debtor is not paying. If you are paying what you reasonably can to the company then the court has to consider this before allowing a CCJ.

carriel_2

Thank you for your advice, yes they want us to take the loan through them & the daft man I spoke to recommended we pay interest only for two years & live it up!

I was full of confidence with them, but today has made me realise what a bunch of money grabbers they are!

I am really scared by the CCJ, my husband was headhunted earlier this year & is in line for a directorship next year, is it true that a CCJ can interfere with your becoming a director?

I think I will get hubby to contact Nationwide himself this afternoon (its in his name so they wont deal with me) & appeal to their better nature! I'll see what they can offer as a full & final settlement, see if they will reduce the debt if we throw all our money at them for 6 months, or we may have to swallow our pride & approach in laws for help.

carriel_2

Meant to say, yes we are paying them every month as much as we can. We havent missed any payments.

bargainbetty

I would also carry on with the CCCS appointment, and get away from Kensington Finance asap!! Why pay them money that you could be throwing at your debt?

Good luck x

lynzpower

if kensington suggested to you to get a loan, report them to the FSA. Its an offence for any debt management co to advise getting into further debt

Anyone know moe about this?

carriel_2

I'm writing my four week notice letter to Kensington this afternoon, when I started with them, I didnt realise you could get the same advise for free.

Its the CCJ thing that really worries me, going to be a long day me thinks........

Anyone know a good way to make £2500 in a day :eek:

carriel_2

Thats interesting Lynz, did not know that, I'll wait until they have finished this months payments before I do that though!