Notice of Intention to Enforce Money judgement

pepper33

I am desperate for some help here. I was ill for about a year in 2012, fell behind with the mortgage, but have that sorted now, but also fell behind with Nationwide CC, kept them informed and tried to make payments every month, even a token payment. They continued to harass me, and I complained to the FOS, which were as much use as a lettuce. I had no issue with the fact that I would have to pay it back, but they wouldn't accept a lower payment. They have since taken me to court, when I asked them for a CCA, which they didn't provide. They issued a intention to get a default decree from the court, I made another complaint to FOS and Nationwide, and meanwhile the solicitors just went ahead with the court proceedings, and the decree was granted without me being notified, albeit 6 months later. I am on a DMP with Payplan so I added this debt to the others, and have informed the solicitors 3 weeks ago. Got a letter from enforcement office this morning informing me that an intention to enforce the judgement if I don't pay full amount within 10 days. I am at my wits end, I have treated them fairly, and now they go and do this. they also want to put a charging order on my jointly owned home. thanks in advance

sourcrates

Hi,
I would ring National Debtline and get some proper advice off them.

You could also post on legal beagles, they are better suited to things of a legal nature, links below.

https://www.nationaldebtline.org

http://www.legalbeagles.info

You could also follow up on the CCA as well.

pepper33

thank you so much for the answer. I see that you were on an IVA, did you lose your home ,as that is what I would have done, if I would not have lost my home My DMP is over 10 years old.

sourcrates

pepper33 wrote: »

thank you so much for the answer. I see that you were on an IVA, did you lose your home ,as that is what I would have done, if I would not have lost my home My DMP is over 10 years old.

Yes I did, but that was a seperate issue before the IVA, which made the prospect of an IVA more appealing, however, knowing what I know now, I would of chosen Bankrupcy instead, it would of been over far sooner, but their ya go !!!

fatbelly

If they are only 'enforcing' the judgement by a charging order, that is not too bad. On a jointly owned house it will just be recorded as a restriction (see thread Charging order - the Myth?)and will sit there until you sell the house. They will not be able to force a sale in practice.

There are arguments against a charging order - they may not work but would slow things down. Factsheet explains

https://www.nationaldebtline.org/EW/factsheets/Pages/15%20EW%20County%20court%20-%20charging%20orders/Default.aspx


I take it they are not talking about other forms of enforcement.

pepper33

thanks for the advice. It's the only thing that I wouldn't want to lose, and it is only for £5000, I could have paid it off,, had they let me.

I would have gone bankruptcy as well, if only I didn't have a house.