Hi everyone,

Ive had nothing but top advice when Ive previously used the forum - so here we go.

I defaulted on my nationwide loan in approx 2010 - due to redundancy.

Balance roughly 8k.

Nationwide took proceedings against me and got CCJ for about 9k - enforced via a C/O that remains on my property.

No payments being made as its interest free.

I have had 2 loans in my life with them - 2nd was for 15k that paid of the last bit of my fist loan for about 8-10k I cant remember exactly.

I have just had confirmation that there was PPI in these loans and nationwide are due to respond to me by 10/04.

Heres where it gets messy...

Nationwide are currently in the process removing the CCJ and charge because they never should have taken proceedings - due to them not showing interest on statements.

They have advised once removed they can ask me for the initial debt but they cant legally pursue me (time barred now perhaps?)

So I'm wondering that should I be successful with a PPI claim what are they going to do with the money - remove it from the balance ?

Also here is a perfect example of why PPI was a rip off - I didn't know I had it and they sued me - they didn't say here make a claim on your insurance!

I'm wondering if I should see a solicitor and if people agree does anyone have a recommendation in greater Manchester.

Thanks for reading and advice needed please.

you never need a solicitor..waste of money.

yes they will probably remove it from the balance.

and yes it will now be statute barred...win for you too

have you thought about compo on this CCJ

it would have cause higher credit interest/no credit available/mortgage refusal etc etc.

I appreciate the reply.

I don’t understand how they can remove it from a balance that they say they can now never enforce.

How would I go about compensation ?

At the time it really did ruin my life I’ll save you the details but relationship breakdown etc because of debts!

Surely that would mean a solicitor

No you don't need a solicitor

Debts being SB'd in E&W only means they can't enforce any judgement so don't bother to get one. But..The debt still exists

As for quantifying you loss due to a wrongly placed ccj...you need to read a few like threads here, but it could be £1000's

Can anyone else offer any further advice here ?

Ive tried to find a case similar to mine and cant - not sure at all how I would quantify my loss - that why I thought perhaps I need legal advice

At the moment I'm thinking of seeing what happens with the PPI claim and then complaining to the FOS about the whole matter. Is there a letter I have to send to Nationwide before I complain to the FOS ?

Thanks for your replies dx100uk

https://uk.practicallaw.thomsonreuters.com/4-107-7242?transitionType=Default&contextData=(sc.Default)&firstPage=true&bhcp=1

Equitable set-off in your case ollytwist.

Andy

Any thoughts on the whole fact that they never should have got CCJ and charge and that no mention of me having PPI when I was made redundant and couldn't keep up payments?

Really not sure how much it all cost me to be honest so maybe its something for the FOS to decide

Any thoughts on the whole fact that they never should have got CCJ and charge and that no mention of me having PPI when I was made redundant and couldn't keep up payments?

Really not sure how much it all cost me to be honest so maybe its something for the FOS to decide

Did you defend the claim and submit a defence ?

Did you defend the claim and submit a defence ?

Yes - I defended the CCJ and argued that Nationwide knew my circumstances and refused to hold the interest due to my redundancy and argued that a ccj would prejudice my young family.

Asked for a repayment plan OR a voluntary charge without interest and questioned the interest on the claim.

DJ gave them J and then C/O.

Since then Nationwide have accepted that statements had discrepancies and wrote to me to remove the Judgment (it had fell of my file anyway after 6 years) and have removed the charge.

They are saying I still owe them the money but they will not be asking for it and are unable to take proceedings for it!

There only responses have been / initial comment has been 'We identified an issue with some of the statements we had sent to you not fully meeting the standards set out in the consumer credit act' and 'the default related to an agreement which the creditor considers to be unenforceable'

and many thanks for your time - sorry I got carried away there

probably due to them not sending out regular NOSIA letters so couldn't charge interest for those periods.

still think you can get compo here for the issues with refused credit/higher int rates/refused mortgages etc etc ...

So the claimant was actually Nationwide ? Not a DCA that had the debt assigned to them ?

Andy

probably due to them not sending out regular NOSIA letters so couldn't charge interest for those periods.

 

still think you can get compo here for the issues with refused credit/higher int rates/refused mortgages etc etc ...

How would I go about it ? Nationwide are refusing to acknowledge that I should be compensated

I'm due response by 10th of this month re my PPI so ill keep the forum updated!

So the claimant was actually Nationwide ? Not a DCA that had the debt assigned to them ?

 

Andy

Yes Andy, Nationwide.

Due a response by the 10th re the PPI claim - ill keep the forum updated.

Also yesterday found a couple of FOS test cases where the PPI redress was paid off the 'outstanding debt' and a complaint was made.

The FOS upheld the complaints and made the bank pay the customer.

1. because some of it was for a loan that was already paid in full (applys to me)

2. because they proved they had more important debts to pay (applys to me)

3. They complained that they never would have had arrears in the first place if the bank had not hidden ppi in the loan and made payments higher than they should have been (applys to me)