Nationwide Court Action

prison_break_fan

Can anyone give me advice please - Had an outstanding loan from Nationwide for £12K - I was paying it as part of my DMP until last year when they said no and took me to court. I asked for court hearing to be moved to local area and the hearing was last month. I wasn't able to attend due to work commitment but wrote a long letter to Judge explaining situation, how I'd ended up in debt etc and giving all my finanical details (Creditors and Payments etc - I've been going through this with CCCS.) Asking Judge to allow me to continue paying loan through DMP at £54 per month, as I couldn't afford the £340 a month Nationwide were asking for.
Anyway, letter came this morning from court saying Final Charging Order against house (which I did expect - I know this debt needs paying and I'm trying really hard to meet all my commitments etc. I've paid every DMP payment and kept in regular communication with all Creditors etc) The Court letter says "Final Charging Order asked plus costs and Defendants application to pay at the rate of £54.50 be dismissed".

Does this mean they wont accept this payment? What do I do now? I'm frantic this morning. There's no way I can afford to pay the monthly amount they are asking for - its £100 more than the original loan payment of £240 that I originally took out. I've tried ringing CCCS but they are closed till Monday. Just don't know what to do, what this means etc. I live with my two children in a house, but its mortgaged to the hilt and every spare bit of cash is going to the DMP.

Could someone let me know what will happen now - will they be making me sell up and move out?

Any advice very greatfully accepted.

Sam

Gemmzie

I can't help with what the court letter says.

A charging order means that if you do sell your property, they want their cut from the money you get. They cannot force you to move.

Tiglet

Hi Sam,

Again I'm not much help with the court letter, although I can point you to some information about charging orders. As Gemmzie said, a charging order doesn't force you to move.

hev_2

There are two things in this order.

1. There is a charging order for the amount plus costs on your property. That means that if your house is sold the secured money is sent to the Nationwide before funds are released to you. They can try and force sale (not likely if there are children) but need a court order to do so and it is a right pain in the armpit to apply for, so fingers crossed they won't try this.

2. The judge has not allowed you to pay at £54.50 per month. This is the real problem. The judge as part of the hearing has looked at your letter, and probably heard the solicitor for Nationwide's point of view. He could have made an order that the payments were set at that but he didn't.

It could be worse - the judge has treated your letter as an application to pay less, and sometimes courts will try and charge you a fee for that. At least you haven't lost a fee on this hearing.

You can apply again to the court and ask for the payments to be varied. You need form N245 and you may have to fill in a fee. Unless the application is contested it will not mean a hearing and it will all be done on the income and expenditure form you complete. Ring up the court and ask for information about this and fees. Fees are not charged if you are on a low income but they can be picky about this.

NB Check all this information with the court.

Good luck and I hope all gets sorted out.

craftingqueen_2

Nationwide are doing the same with hubby. He had a c/c of £3.5k and they wanted £154 a month which we can't afford on our DMP.So hubby is going back to court,he's had to fill in the form N245. We are waiting for a court date as we owe a lot more to other creditors etc and they want a charging order too. I wish you luck ,let us know how you get on.

CQ

Tuscan

are you sure this is an actual judgment, or a letter explaining what nationwide want.

is there anything saying what amount you should pay ie a judgment for the full amount to be paid forthwith of a judgment for a monthly amount etc..


there should be a official judgment saying the amount you need to pay and how it needs to be paid, ie all at once or on a set monthly payment, maybe its the way you have explained it but it dosent sound right to me, was this the first hearing?, did you fill out the blue court forms

the Judgement sheet is white, and will say at the top Judgment for Claiment it will have a claim number and the court details

it will give Nationwides details and also your details both in boxes, then lower down it will say "To the Defendent", and something like the claiment has objected to the offer you made and therefore the court has decided you will pay a total of X-amount by monthly instalments of X-amount to the debt is paid.

at the bottom of the form it will give details of your and the claiments right to object to the courts judgment and how you should appeal

you can get a redetermination hearing were you can apply to get a monthly payment set and both you and Naitonwide have to stick to it, you can fill in a court form but there maybe a charge for it, but you are within your rights to just send a letter to the court and ask for the redetermination to arranged, as long as this is done in i think 14 days theres no charge, ive just done this myself..