Nationwide ...dirty, rotten scoundrels!

Squirrel29

Nationwide took out a CCJ against me in April for my £2300 CC which is being managed through Payplan. I pay them £10.99 out of my £120 payment to Payplan. Always paid on time and even increased my payments in March after pay rise.

The CCJ is to pay £85... I'm not entirely sure Nationwide sent in all my defence/I &E to the Court :mad:

Anyway I applied to get redermination at my local Court and this is on 30 Jul. The original CCJ said nothing about a charging order. On advice of a payplan and good folks on here, I kept to my payplan payment and didn't send £85 while the heariing being arranged. Not that I could afford to anyway.

Nationwide have sent me letter informing me that hearing is scheduled and said i may wish to attend!! Erm... it's MY redermination hearing that I arranged My Court is some 2 hrs from Swindon so wonder if they'll send their lawyer.

Sinister part is that the subject line on letter says my address and mentions charging order application! :eek:

I feel they are punishing me for going for redermination by turning it into their party and cranking it up into interim charging order hearing!

Also, I have found a letter from Nationwide saying they accept my DMP payments and won't add any more charges but would review in 6 months. Could I take this letter to my court hearing?

I really feel like complaining to FSO about this, it smacks of bullying. Would I have a case?

awayinchina

Wow, that actually stinks. especially if they have accepted the paymment plan. I would seriously get in touch with CAB and get legal help ASAP.
I am sure someone else will be along soon who has more experience like fermi or fatbelly.

BUMPING!!

debt_doctor

Hi,
Afairly common practice i'm afraid.

The redetermination and the hearing to see if the interim charge will be made final will be heard at the same time. Now, certainly in theory, you cannot have enforcement - ie the final charge without default, but my guess is that there may well be a redetermination to 'forthwith' (pay in full immediately) which clearly you wont be able to do, and followed up with final charging order because you are in immediate default of the forthwith judgement.

Do I think it's fair? - No.
Never let those 'balanced scales' fool anyone.

DD

Squirrel29

I don't have an interim charge at the moment, will they go for interim charge then immediately for final at the same time? Is that what you mean?

fatbelly

Ultimately this will depend on the judge. So the usual advice applies - turn up in good time, dress smartly, be polite, call the judge 'sir' (or 'maam'). Have all your documents in order and know your dates/order of events.

Nationwide will be represented by an 'agent' who might not be on top of the case as he/she may be dealing with many cases that day.

As DD has said, if the judge varies this to a 'forthwith' then they can get the CO with no argument.

In the courts I use, the judges would not make an order of £11 per month against £2300 debt. They would give a forthwith judgement.

They can then apply for a charging order.

Squirrel29

In my letter to the court i have offered £40 a month which is what Nationwide offered to acceptbbefore it went to court, so it's paid off in 5 years. I couldn't go with it beforehand as it wasnt a priority debt and would have thrown DMP ino disarray, but if CCJ I have to pay it so payments to other creditors adjusted. I hope judge agrees that that's an ok amount.

I'm just scared they will force a house sale.

eyeopener2

Could I ask how often a house sale is actually forced in these circumstances? Making somebody homeless over a £2,300 debt seems little extreme.

Chrisblue1962

Hi, I had a similiar experience with Nationwide. They requested and got a Charging Order with payments of £14.00 per month on a debt of £3200.00.

My main gripe with Nationwide is that they issued a CCJ prior to getting the Charging Order and that is now on my already-trashed credit history too.

A Charging Order only means the creditor will get their debt settled if your house is sold.

It DOES NOT mean they'll force the sale of your house - this`may only happen if you seriously default on your CCJ and a judge then rules that the Changing Order will be enforced. The judge in my case had it written into the Charging Order judgement that the creditor MUST return to court prior to any enforcement action.

Hope this helps.

fatbelly

eyeopener2 wrote: »

Could I ask how often a house sale is actually forced in these circumstances? Making somebody homeless over a £2,300 debt seems little extreme.

As near 'never' as makes no difference. There may well soon be a limit set below which an order for sale cannot be given.

The creditors just like to have the security of knowing the debt will one day be repaid, one way or another. There are very few orders for sale even applied for, though creditors do like to say that they 'may' apply for one.

fermi

eyeopener2 wrote: »

Could I ask how often a house sale is actually forced in these circumstances? Making somebody homeless over a £2,300 debt seems little extreme.

So rare as to be hardly worth thinking about.

Was chatting to an experience debt advisor earlier who has been dealing with theses day in and day out for over 6 years, and to this date neither he or his colleagues have seen an order of sale granted in such circumstances.

fatbelly

Squirrel29 wrote: »

In my letter to the court i have offered £40 a month which is what Nationwide offered to acceptbbefore it went to court, so it's paid off in 5 years. I couldn't go with it beforehand as it wasnt a priority debt and would have thrown DMP ino disarray, but if CCJ I have to pay it so payments to other creditors adjusted. I hope judge agrees that that's an ok amount.

I didn't realise that's what you offered. The two judges I spoke to - both said they would go to 5 years but one said that he could be persuaded to go to 7 in some cases.

Your logic is correct withh regard to the priority debt/dmp situation.

You are in with a chance I think.