Please im so scared

pinkslide

will they send bailiffs if they get a CCJ?

will they try to sell my house? i cant stop worrying because once they get the charging order, they could easily change their mind?

Tixy

pinkslide wrote: »

will they send bailiffs if they get a CCJ?

will they try to sell my house? i cant stop worrying because once they get the charging order, they could easily change their mind?

No they won't send bailiffs - they have said they will be asking the court for a charging order not to instruct bailiffs.

Their letter also indicates that even if they obtain the charging order as long as you pay the £13 a month that they will not try to force a sale.
Even if they did try to force a sale the chance of the court allowing them to do so is very very very very slim. Judges simply don't let this happen in these type of situations.

Lensman_2

When was your Nationwide account started (month/year)? And have you had a lot of penalty charges on this account?

And have you spoken to Stepchange? I expect they face this situation a lot and can probably give you good advice.

Lastly - No! Bailiffs will not appear at your door - unless they get a CCJ, you renege on the payment plan, they apply to enforce and you do not defend the enforcement. You are a very long way away from that.

Powered_By_Pies

I may have read between the lines incorrectly but from what you say you have a debt to Halifax of around 9k and a mortgage of about 110k. Of that mortgage isn't linked to Halifax, there's no way a sane judge would allow them to repossess your home for such a paultry amount compared to the amount it's worth.

NatWest tried this with my parents - tried to get a repossession order when they fell into trouble paying back the remaining 68k on a mortgage for a house worth 370k. Judge practically laughed them out of court when they asked for a repo straight away.

purdyoaten

I do think that you are stressing far too much. It seems that you are taking all of this on yourself even though it appears from your first post that almost all of the debts are in your husband's name. - is it your Nationwide account that is attracting the attention?
Try not to worry - you have had good advice on here - Nationwide are covering their backsides.

katsu

If the debt is not in both your names but the house is, then I think there are more restrictions on what they can do about applying for a charging order.

Can someone knowledgeable comment on that?

fermi

Sounds like you would benefit from giving https://www.nationaldebtline.org a call on their freephone no 0808 808 4000

They should be able to talk it all through with you and allay any fears you have. Talking it through with someone helps a lot.

silentkiller

pinkslide wrote: »

will they send bailiffs if they get a CCJ?

will they try to sell my house? i cant stop worrying because once they get the charging order, they could easily change their mind?

Hi,

I was talking to my bookkeeper at work this morning about CCJs and debt managements etc and she said the judge normally favours the people who are in DMP and trying to sort out their debts.

this obviously is a case by case basis but she told me not to worry about anything with CCJs. My sister had CCJs for water etc and all they could do was set a reasonable amount a month to pay.

dancingfairy

It's pretty easy (and cheap) for the bank to send out these threatening letters. Note it's full of this may happen or this could happen and if this then....
At this point they may decide either common sense prevails and they decide that it's too much hassle and cost to take you to court or they decide they want to take it to court.
IF they get a CCJ and a charging order then this is basically a security blanket for the lender. IF you ever decide to sell the house then they get their money back (After the main mortgage I think). IT does not mean that they will force a sale. I have been on here for over 7 years and have seen hundreds and hundreds of people with debt problems. Charging orders are pretty common but I have never seen anyone facing a forced sale. It just doesn't happen. No judge is going to force a sale over a 9k bill which you are trying your best to pay, especially as you have a young child.
You've got more chance of winning the lottery to be honest :rotfl:
Do try and speak to your dmp provider just for reassurance but I would expect that they have hundreds, if not thousands of people with charging orders and I bet they have never heard of any forced sales.
df