Advice needed please. Got a final notice.

[1stlifeline]

I wonder if anyone can help please. We have debts and have been to the CCCS where they gave us advice and a payment plan which we sent to every creditor with an offer of monthly payments. all were accepted exept the Nationwide credit card who only agreed reduced payments for 3 months.The 3 months are now up and we had a call from them saying we had to revert to the orig minimum payment terms which we just cant manage. They were quite unhelpful and threatened to make us sell the house. Yoday we have had a letter from a debt collection agancy saying they need an acceptable offer or start legal action which may lead to 'the forced sale of your home' We cant make them any better offer than we made the Nationwide. The joke is that even if they forced the sale of the house they would not revover the money as we have considered selling ourselves but as we have a mortgage and secured loan on it there would be very little capitol from it so it is not really worth doing.
The aamount we owe is less than 5000 and we have another credit card with much higher balance on which the small payments are still being accepted. It just seems the Nationwide are not prepared to help.

By getting this letter from the debt agency does this mean they have passed the loan on, should we still be trying to liase with the Nationwide as well as contacting the debt agency? Any advice would be great, Im feeling sick today after opening the letter. Thanks all.

[Duffers Mum]

A friend of mine was in a similar situation to yours and all his creditors accepted reduced payments except for Nationwide, they took him to court and now have an interim charging order on his property, they seem satisfied with that and don't hassle him (at the present time anyway and its been a fair few months!)

[1stlifeline]

Thanks for the reply Duffers Mum. If they take you to court for a charging order do you have to appear and does it cost you money?

[1stlifeline]

Just had a conversation with the Natiowide. They are not prepared to help at all. I have told them that there is a secured loan on the house which would eat all the equity should the court force a sale. I have told them I am prepared to file for bankrupcy if there is no other option. I have explained that I am quite prepared to keep paying the monthly payment I can afford which is £30 and also that I will increase this should I be able to. They only offer of help was to say that if I can find £400 in the next 7 days they will hold off for a month (thats impossible and will only delay the action anyway) or , if I can find £2000 they will take it in full and final settlement. If I could find £2000 I would not be in this position in the first place. Its a joke, if they take us to court the debt will increase and there is even less chance of them getting the money but they dont seem to want to know. Any advice please?

[CAGisforME]

My advice is to go back to your advisor at the CCCS and see if they can help.

If nothing else they can put pressure on them to accept a lower amount every month, on the basis that your other creditors have done so.

I personally would not waste my time talking to Nationwide on the 'phone. They are only likely to say "anything" to get you to pay, as opposed to actually helping you sort this out.

Good Luck

[Duffers Mum]

According to my friend, they were very unhelpful with their problem despite PayPlan's help, they just wouldn't listen, seems to me like they do the same to everybody. I think my friend did attend court for the Charging Order, but Nationwide have left them alone since as they know if they sell the house they will get their money, provided of course there's any equity there for them to have, I also think it was for a much bigger debt than yours. In the end, they can't have what you haven't got

[maggieboo]

I would go with CAGisforME's advice.

Try not to worry, there is so much help on this site.

Good luck.

[gizmo111]

I had a charging on my house from the Nationwide years ago, and when it come to remortgaging I agreed a short settlement with them about 3 years after th eorder was made. It was for about £8.5K and they never added interest after judgement.

My advice to you would to be to CCA & Subject Access Request them in preparation to defend the court action they will statagainst you. Have you claimed back charges from these people?

If you have a bank account with Nationwide, please change it asap, as they wil ltake your income as soon as it goes into the account leaving you with nothing other than a fight on your hands to get it back.

[1stlifeline]

Thank you for all the replies. Im not sure I understand the last one about the Subject Access Request gizmo. We dont bank with Nationwide and dont have any late payment charges on the account so do I need to do this. I dont understand what we would be defending, we doe owe the money. The other thing is that the debt is in my partners name and the house is in joint names so does this have any bearing on it?

[gizmo111]

Is thsi a credit card with the nationwide?

[rory32]

To get a charging order they first need to get a CCJ, then a charging order nisi (nisi is latin for unless so basically this means we will grant a charging order unless you pay the debt) and then a charging order absolute. You can defend this right from the CCJ stage. Successfully defended they can forget about getting a charging order. That is why the CCA request is important.
If they can not provide a CCA the debt, although it still exists, is not enforceable. While a debt is unenforceable if properly argued (as judges are sometimes not up to speed on consumer credit agreements - so you need to point it out to them) a CCJ can not lawfully be granted.