court forms, i'm terrified

mrsclecoco_2

hi
we have been with cccs for just over a year, everything going great and then this morning we recieved court forms from Nat West. The whole thing terrifies me, I don't know what to do. I've phoned cccs and the guy explained what to do etc fill this fill that send it recorded delivery.

What will happen then? Do we actually have to go to court? I don't like not knowing and i'm sat here panic stricken.
can anyone advise what will happen etc. We aare offering what we pay cccs £101 per month we pay cccs £266 and the debt is £18500

Any advice is much appreciated
thanks xx

rog2

Hi mrsc - I am afraid that this is a typical tactic by NatWest, and could have been, so easily, avoided if they were not so arrogant, and dealt with CCCS like most other creditors.
However, there isn't a lot to worry about. On the summons, you will find a section where you can put in your 'defence' which the court will take into account.
You should, first of all, tell them that you have been dealing with CCCS for over a year, and that of the £266 that you pay CCCS, every month, £101 has been going to NatWest.
The Court will be able to see that you are serious about dealing with your debts, by virtue of your DMP, and is most unlikely to order you to pay any more than you currently pay to Nat West. Indeed, the court could, and should, admonish Nat West for effectively waasting the Court's time, since you are already in a DMP and making regular payments - it has been known for the Courts to make an order actually reducing the amount that debtors pay.
You will receive a Payment Order (Judgement), from the Court, and this will go on your credit file, but, and this is probably the best part about it, providing that you stick to the payments, then NatWest will be unable to pressurise, or harass, you in the future, as they will be just as 'bound' by the Court Order as you.

CCCS_Matthew

Just to add to Rog2's post...

The CCJ will be dealt with via paperwork only through the post, you won't have to actually appear in court.

As Rog2's mentioned, stick to your guns with your offer of payment as you can already show that you are paying what you can afford through your DMP. Just because they have gone to court doesn't mean they are entitled to anymore money!

Don't panic, I'm sure it will all be fine - and feel free to call us again if your unsure of anything.

Regards,
CCCS Matthew

mrsclecoco_2

Thanks both of you for your replies Nat West have been a pain in the a**e since day one. I've calmed down now i know I don't have to physicaly go to court (thats what scares me). We have never missed a payment to cccs and don't ever intend to, eventually upping payments when my triplets go to school next January and I can work for money and not to pay childcare!!!

just one question is the interest likely to stop once it's been to court, because up to now it hasn't!!!
Thanks x

mm2000

Because the debt is over £5000 interest will be claimed by Nat West which the court will grant. But it will be a lump sum added to the balance. No further interest will be added from that point. If the court should award a payment for more than you can afford, (it's happened to me) you can appeal against that through your local court. There is a fee to pay for this but as already said if you have been paying through a dmp you have every chance of continueing paying the same. It may be worth complaining through Nat West's complaints dept. that they are obliged to deal with cccs which it would appear they are refusing to do (Under Bankers Code of Practice they are obliged to do so). You may get some compensation for the stress and anxiety they have caused. They may reduce your debt a bit. This worked for me with Nationwide, so you may have hope there, try not to raise your hopes though on the compensation though.
Hope all goes well for you.

mrsclecoco_2

Thanks mm2000 I was under the impression that they didn't have to deal with cccs?? I'm findingit all a bit of a mind field to be honest. I have complained t the financial ombustman (however you spell it!!) about the realy rude guy who phoned me 12 times in a hour and even swore at me.
Luckily I was at work and recorded the convo when he started getting really personal!
I hate nat west they havn't co-operated since the start, granted I owe them a lot of money but I am trying really hard to pay it back.

mm2000

mrsclecoco wrote: »

Thanks mm2000 I was under the impression that they didn't have to deal with cccs?? I'm findingit all a bit of a mind field to be honest. I have complained t the financial ombustman (however you spell it!!) about the realy rude guy who phoned me 12 times in a hour and even swore at me.
Luckily I was at work and recorded the convo when he started getting really personal!
I hate nat west they havn't co-operated since the start, granted I owe them a lot of money but I am trying really hard to pay it back.

If you have this evidence, I would definitely make a formal complaint to Nat West. They are not allowed to talk to you like that. This sounds very similar to how I was treated by Nationwide. Nat West should have their own copy of any phone calls in your files so they should have the evidence too.
The cccs is financed by all the big banks and are duty bound to deal with them when requested.

Quote from Bankers Code of Practice
14.4 If you are in difficulties, you can also get help and advice from debt-counselling organisations. We will tell you where you can get free money advice. If you ask us to, we will work with debt-counselling organisations, such as Citizens Advice Bureaux, money advice centres or the Consumer Credit Counselling Service.

You may find the Financial Ombudsman Service will not act till after you have complained to Nat West. If after 8 weeks Nat West have failed to respond or you have got no where, FOS will then get involved.
As said before good luck and hope you get some joy.

rog2

mrsclecoco wrote: »

Thanks mm2000 I was under the impression that they didn't have to deal with cccs??

They do not, necessarily, have to agree to a payment proposal, under a DMP - whether managed by CCCS, or anyone. However, to re-inforce what mm200 is saying, not only do they state, very clearly, in their own code of practice that they will deal with the debt counselling charities, but the Office of Fair Trading considers it to be 'unfair practice' for anyone collecting debt, whether it is the original creditor, or a debt collection agency, to refuse to deal with a nominated third party; http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
The court will recognise that, as you are in a DMP with CCCS, every effort has been made to be equally fair to all of your creditors (you should use the same Income/Expenditure summary that you worked out with CCCS). In taking you to court, it will be seen that NatWest are trying to gain 'preferential status' over your other creditors. That is unfair and the courts do not like it.

mrsclecoco_2

Thanks Rog I have attached my income/ependiture sheet and a cccs statement as advised by cccs. Sending thr forms on monday after my husband has photocopied everything at work (i like a copy of everything!!)

rog2

mrsclecoco wrote: »

i like a copy of everything!!

You need a copy of everything, mrs c.