Court papers! Please help I am so scared!!!

neith

Hi Everyone,

I have not been on for a while, but finally Nationwide Credit Card had issed court papers against me. They refused my DMP offer from the cccs.:eek:

The cccs has helped me fill in the forms but I wondered how long all this could take and whats the worst case senario?? I am scared they will get awarded more than I can afford and they will put a charging order on my house, it was all going so well!! Now I am back to sleepless night and feeling sick all the time. If any one can give me some idea of what goes on with these things I would appreciate it.

Neith

rayday2

I personally have never been through it but from what I have seen on this board most of the time the courts tend to uphold what the ccs have worked out with you. Also I think unofficially courts tend to get a bit upset that companies take it this far when you have offered what you can afford.

Nip into the DMP support topic a few have been to court in there and will have more info.

angelavdavis

Just to support Rayday's view - I believe if you have been honest about earnings and outgoings to CCCS and you have obviously tried to make an offer of payment, courts are generally not happy that companies have gone ahead anyway.

dreamer999

Hi

As Angela and Rayday have said it's unlikely the court would ask you to pay more than you can afford and are likely to accept your offer of payment.

Next Directory took me to court earlier this year (CCJ) and the court accepted my offer of payment. I filled in the court document with my offer of payment after seeking advice from CCCS and sent it off to the DCA acting for Next. It was heard before the court who accepted my offer. I received notification in the post within a few days. I now make my monthly payment directly to the DCA as stated on court document. I didn't have to attend court. I know some people on here have had to attend but I didn't have to - I'm not sure why

There was a post on here yesterday about somebody attending court on Monday. I will have a look through and see if I can find it.

Hope that helps.

dreamer999

I have found thread. I don't know how to insert a link but the OP was Smudgemanc26. If you click on search in green above and click on advanced search and type in Smudgemanc26 you should be able to find it.

neith

Thank you all so much, I will have a look through the forum when I get time.

I do feel a bit better now, but Nationwide have been so bad I am at an all time low with it all! Just when you think its settling down debt rears its ugly head again!

Nxx

RAS

heres the thread

http://forums.moneysavingexpert.com/showthread.html?t=475156

dreamer999

RAS Thanks for providing link

rayday2

Do you have letters to show how awful they have been? Maybe not sure here as never done it but you could tell the courts either by letter the undue stress etc they have caused you and how all you wanted to do was pay back at a lower rate. Or you could after all this complain to the financial ombudsman about there conduct - its a thought after you have the court bit behind you.

spud30

Hi Neith.

Nationwide Credit Card have just done that to me recently too.

The courts agreed with my figures and awarded Nationwide the same amount each month.

Unfortunately Nationwide still wouldnt accept, and they applied and were granted a Charging Order on my property, making up a story that I have missed a payment (CCCS have confirmed I have never missed a payment). Still not satisfied, they now want to apply for an attachment of earnings :mad:

All this action has put court fees etc of £1400 on to my debt, and for what

neith

OOhhh SH..,This does not bode well for me then!!! I can't get over that, after a judge has agreed figures they can go on and put an order on your house!! I keep all my cccs statements and will fight them as they have made me contemplate taking my life and thats not right. I maybe stupid but I am not scum and deserve to be treated better than dirt on a shoe!Did you not fight a charging order? How long did it take and what was the procedure? How on earth did they get away with an attachment to earnings??Take CareNxx