KPR Debt collection - any thoughts?

mcrfan

I have just had my first biggie credit passed to a DCA (only small ones previously have been passed on)
A large loan with Nationwide has been passed to KPR Debt Collection. I am on a DMP with payplan.

Their letter states that I need to pay them 8k immediately - why of course cash or cheque?! :eek:

They have the standard threats on there of legal proceedings. But there is a bit on here I have not seen before. On here it says that they can apply for enforcement options:

A charging order on my property - don't own a property anyway.
Warrant of execution - baliff attending my property to remove goods to the value. Again don't own a property. But I thought baliffs cannot be sent round for an unsecured debt? Am I right in thinking that?

Attachment of Earnings - court instructing my employer to deduct money from my salary.

Can they do any of these or are they just some biggie threats?

I have heard of the standard issuing, charing order etc but not the other 2? Should I be super worried??

Are KPR an internal Nationwide collectors?

bingbong1978

mcrfan wrote: »

I have just had my first biggie credit passed to a DCA (only small ones previously have been passed on)
A large loan with Nationwide has been passed to KPR Debt Collection. I am on a DMP with payplan.

Their letter states that I need to pay them 8k immediately - why of course cash or cheque?! :eek:

They have the standard threats on there of legal proceedings. But there is a bit on here I have not seen before. On here it says that they can apply for enforcement options:

A charging order on my property - don't own a property anyway.
Warrant of execution - baliff attending my property to remove goods to the value. Again don't own a property. But I thought baliffs cannot be sent round for an unsecured debt? Am I right in thinking that?

Attachment of Earnings - court instructing my employer to deduct money from my salary.

Can they do any of these or are they just some biggie threats?

I have heard of the standard issuing, charing order etc but not the other 2? Should I be super worried??

Are KPR an internal Nationwide collectors?

I have an unsecured loan with a bank and they took me to Court for non payment and have a wage arrestment which is deducted from my pay every month.

There is only certain things baliff's can take, really only luxury items and not essential items. Not sure if KPR is NW's internal collectors. Might be best to agree on a repayment plan because at £8k they probably would take it further I think but KPR wouldn't, they would need to pass it on to a solicitor.

ihatedebtcollectors

As far as I understand it, any actions can only happen as a result of a court case and the judge would decide.

I believe bailiffs can be used if you fail to pay the ccj agreed term, or the court may decide this in the first instance if they can convince him/her.

Hopfully someone else might be able to help you more, this is new to me too, so double check my advice.

:-)

Mr_Max

In short, the only way they can do these is by: taking court action, the court then grants "judgement for claimant" for the full balance, you'd have to be unsuccessful in filing an N245 (or successfully file one and renege on it), they go back to court for enforcement action and apply for it, and only if you keep missing payments can they go for it.

Don't be complacent about it, but at the same time these threats are quite some time away.

jules1973

They will not negotiate with us, and state that they are taking legal action, so we are waiting for court papers to arrive now. They are by far the worst DCA we have dealt with.

Nationwide seem to have a bad reputation for dealing with DMP's fairly.

Mr_Max

I used to work for a debt management company, and this is the standard line from DCA's. They say this to try and prompt payment out of the "won't pay" people. However, this doesn't always mean that they won't, just that it's the standard garb they tell everyone.

Send them your SOA with an offer of payment. They'll either get back to you, or will go ahead. Don't worry, though, it will be sorted out.

mcrfan

Mr_Max wrote: »

I used to work for a debt management company, and this is the standard line from DCA's. They say this to try and prompt payment out of the "won't pay" people. However, this doesn't always mean that they won't, just that it's the standard garb they tell everyone.

Send them your SOA with an offer of payment. They'll either get back to you, or will go ahead. Don't worry, though, it will be sorted out.

Thanks I hope it is just the usual blurb. When I've this kind of letter on my other smaller debts it hasn't worried me as I figured they prob wouldn't bother issuing proceedings for a few hundred quid! It's just stressful when you get stuff like this as you don't know what to believe it's very threatening.

fermi

I have a feeling KPR are Nationwide's internal collection department?

Regardless of whether they are or not, anything like bailiffs or an attachment of earnings order are very very unlikely, EVEN IF they do go for a CCJ.

If CCJ papers are issued, then the most important thing is not to ignore them.

Reply correctly and within the time limits, and it will be pretty much impossible for it to get to the stage where bailiffs or an AOE would be possible.

If you do get courts papers, then pop back on here and ask how to respond.

The biggest thing is to avoid getting a judgement "in default", which is what they will be entitled to ask for if you don;t reply to the papers.

A BIG quirk of the CCJ process, is that any initial reply to papers making a payment offer goes to the claimant and not the court, so a big sneaky tactic used by Nationwide and other creditors is to pretend that they haven't received them from you. That allows them to go for the aforesaid "default judgement".

So should you get papers through that require you to respond to the claimant or their solicitors rather than the court, make sure you reply by recorded post (or even preferably special delivery). That way they won't be able to play silly games and try to screw you over by pretending that your reply must have been "lost in the post".

Otherwise, honestly, don't stress. It all sounds scary, but is pretty mundane really.

ifonlyiknew

Hi
I’m currently with cashlfow on behalf of national debt line and been using them for over year half now to deal with all my creditors i owe they set up a financial statement of my priority debts and non priority debts so far I haven’t had many problems until now with nationwide, who have forward my debt on to KPR who sent me letter FORMAL DEMAND FOR PAYMENT i'm glad I’ve read these post here regarding there threaten terms it did unnerve me to read about bailiffs etc and court proceedings
I called national debt line who told me to forward my letters as I have done before with other creditors and send them my financial statement and letter of offer token payment and not to worry as KPR have no more power than Nationwide have and these letters are just standard
So hopefully I can continue to struggle but not worry as much
or should i be concerned ?

fermi

Do you have a property with equity?

If you do, then Nationwide seem a bit more likely than most to issue court proceeding to ultimately get a charging order.

Also, Nationwide often have a knee jerk reaction to "CCA requests" of immediately starting court action.

In general though, NDL are correct. KPR are basically Nationwide wearing a different hat, and have no more powers to act than Nationwide do.

If there is nothing like a charging order/equity to go after, then they will really gain nothing by court action.