Help with Nationwide and DMP!

pickersgillfamily1

Good morning,

This is my first post on here but I would really appreciate some advice.

In 2009 my husband and I ran up some debt on credit cards and overdraft, realised we couldn't afford the repayments and entered into a DMP with payplan.

Since the DMP has been running in August 2010, two of our creditors nationwide credit card and overdraft have decided the payment through payplan was not acceptable, and they have pursued us through the courts for a CCJ . We went for redetermination on the first CCJ, to which the judge favoured nationwide , as were never notified of the court date and demanded the £138 originally requested at the CCJ hearing.
I should have said we only pay £261.22 to payplan for all our creditors anyway!
However since we have been paying the £138 we have now been notified they are taking us to court again to put a charge on our house regarding the less than £5000 debt, why are they doing this when we already pay the CCJ. To make matters worse the land registry wrote to us yesterday to say a charge was being put against the house and they sent the same letter to my husbands name at his parents address this morning, why have they done this? His parents didn't have a clue about his debts and have gone mental!!
Regarding the debt with the overdraft £2600 they went to Northampton where they set us an amount of £350 to pay via CCJ to Nationwide.....This is just an impossible amount and is more than we pay in total on our DMP. Pay plan have written us a letter to send to the court offering them £24 again rather than £350 and a redetermination, but if it didnt work last time why would it work this time. Are payplan really doing all they can do??

Also sorry to go on but can a creditor really demand more than what we pay to all our creditors together through our DMP as I stated above nationwide want £350 per month through a CCJ when we only pay and can afford £261 to payplan for our other creditors??

Flash-bang

I can't offer any advice except perhaps to try calling National Debtline to see what they suggest.

I'm not sure why the land registry sent the letter to his parent's address, but they should not have opened his post. They may be shocked, but the truth is you are both trying to sort out the situation and are taking steps to clear what you owe, perhaps as it is out in the open anyway you could explain to them what you are doing to clear the debt.

Good luck

Mrs_Arcanum

This seems to be a favourite tactic of Nationwide (their solicitors) my charging court date is later this month . Have you contacted Pay Plan over this as they should advise you as to the best response and what you should do. If not try The National Debtline. There should have been a court date where the Judge allows/or not Nationwide to apply for a charging order.

You must deal with any court paperwork immediately by contacting Pay Plan in the first instance. Attending court is also essential where possible.

Does the paperwork show how much you are behind with payments? Or is there a £0.00 figure. If the latter it means payments are up to date and Nationwide are really pushing their luck. However it does seem odd they are chasing an amount under £5,000 as I thought this was too low an amount for chasing (I am not too sure of this though).

As for the Land Registry it will send paperwork regarding the restriction to everyone they have on file with their name on the deeds to whichever address they have on file.

Northampton is a clearing court. You should be able to get a hearing nearer your home. Ask for this straight away.

pickersgillfamily1

Thanks for the advice, I have spoke to the National debt helpline who have stated Payplan are doing all they can, as we are as they dont recommend us taking out an IVA, our total debt is £27,000.

Payplan have written a letter to ask for redtermination on the £350 CCJ for the overdraft, and they did the same for the credit card debt of just less than £5000 but proved unsuccessful.

I am hoping now it is in the open with his parents about our situation I can breathe a sigh of relief but I'm not too sure, as all they did earlier was post the letter through they didn't even knock on the door bearing in mind I was home and they knew that!

Payplan have already told us that Nationwide are very aggressive creditors and do not back down until what they have!!

I still just cant get my head round as to why The land Registry wrote to my husband at that address when we have been in our house for over 5 years!?!

Mrs_Arcanum

Did your husband use his parents address when you registered the change of ownership for your house? This would be the only reason I can see that they would send to that address. Would contact Land Registry & get this put right anyway.

There is more work to do now defending your case for the charging order. Get back to Pay Plan about this as you need to send your defence statement to both Nationwide (possibly Shoosmiths) and the court. You may be beyond the redetermination stage and need to have a budget ready as Nationwide are clearly asking (and have been granted) far more than you can afford. Also worth involving your other creditors as they are being penalised in favour of Nationwide. CCJ gives that debtor priority over others so you are being forced to pay Nationwide to the detriment of your other creditors.

You MUST attend the court for your defence - it may be your lack of attendance that has caused the Judge to determine in Nationwide's favour.

My initial CCJ was somewhat muddled so Nationwide applied to the court for permission to apply for a charging order (at a Court local to me this time) which was granted along with half the costs awarded. The judge however did agree that I was paying what I could afford. Daft part is Nationwide are now my largest debt but are not getting the largest payment as organised by CCCS for my DMP.

I am glad CCCS are dealing with my DMP as they have been incredibly helpful.