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MXBN

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Everything posted by MXBN

  1. But would you think they would follow up through the Dutch courts for 4800 pounds? Aren't CCJs transferable easily to other EU courts? I've only contacted these once recently, they are receiving payment through Payplan at the moment for 10 pounds a month which they are unhappy with and want more. So, for the other debt where they don't have a CCJ I am probably safe to just continue the Payplan and ignore their threats, as you pointed out there are no posts where this has happenned and there are a few posts saying that there is a murky area with credit under the 1974 act (this debt is for a credit card) which makes enforcement almost impossible to do through an EPO. They both don't have an address either only a PO box so they would need to trace me as well. So in your opinion I should keep up the payments and just ignore them as they are empty threats? Thanks
  2. One of them already has a vaqlid CCJ though, what could they do? Could they easily get this transferred to the Dutch courts or would 4800 not be worth it? The other one's are just threatenning, would it be worth for them to try to get this in a Dutch court? I understand what you're saying and it does seem to work better the ignoring psrt with my other debts, these ones for Nationwide just seem never to give up.
  3. I posted this on someone elses thread but thought I'd better make a seperate thread of it to see if anyone could give me any advise or what anyone thinks they the DCAs could possibly do. I have Shoosmiths acting for Nationwide chasing me, they have a CCJ against me taken while I still had a house in the UK, now I don't they want me to fill in an I&E for them to see how much they think I can afford, even though I have made numerous offers through Payplan they still won't go for that, they said they will continue legal action if nothing is agreed. That debt is for 4800 pounds. I also have Eversheds acting for Nationwide, they didn't get a CCJ but are threatening legal action in the Netherlands, they didn't say how, if we don't agree a monthly payment, they also ignore the Payplan offer and want me to fill in an I&E for them, the debt is about 8500 pounds. I am paying them 18 pounds a month but I actually think they will accept something like 30, the first solicitor hinted at this months ago when they tried to take me to court but I managed to stall them by getting it throown out for having the wrong paper work and then kept them going until after the house was sold so they couldn't continue with it thinking that after that they couldn't touch me but having read this I don't know anymore. I'm going along with Shoosmiths for now until they tell me to repay a stupid amount, I think they will ask too much when they ignore the I&E and just decide how much I have to repay anyway. Eversheds I'm being a bit more cocky with, I have refused to fill in their I&E saying that I filled one in for Payplan and that they have a copy and that is what they should stick to as my other creditors have. Not sure what will happen, any advice is welcome, they both have a PO box number for me here in the Netherlands but no proper address and I am cooperating with them but try to stear them towards the payplan offer as much as possible which they have both been receiving for over a year now. Thanks
  4. One question, I just reviewed the credit card agreement from the Nationwide for the Eversheds case, there is no creditors signature where it says 'on behalf of the nationwide' does that make it unenforcible anyway? Thanks
  5. I have Shoosmiths acting for Nationwide chasing me, they have a CCJ against me taken while I still had a house in the UK, now I don't they want me to fill in an I&E for them to see how much they think I can afford, even though I have made numerous offers through Payplan they still won't go for that, they said they will continue legal action if nothing is agreed. That debt is for 4800 pounds. I also have Eversheds acting for Nationwide, they didn't get a CCJ but are threatening legal action in the Netherlands, they didn't say how, if we don't agree a monthly payment, they also ignore the Payplan offer and want me to fill in an I&E for them, the debt is about 8500 pounds. I am paying them 18 pounds a month but I actually think they will accept something like 30, the first solicitor hinted at this months ago when they tried to take me to court but I managed to stall them by getting it throown out for having the wrong paper work and then kept them going until after the house was sold so they couldn't continue with it thinking that after that they couldn't touch me but having read this I don't know anymore. I'm going along with Shoosmiths for now until they tell me to repay a stupid amount, I think they will ask too much when they ignore the I&E and just decide how much I have to repay anyway. Eversheds I'm being a bit more cocky with, I have refused to fill in their I&E saying that I filled one in for Payplan and that they have a copy and that is what they should stick to as my other creditors have. Not sure what will happen, any advice is welcome, they both have a PO box number for me here in the Netherlands but no proper address and I am cooperating with them but try to stear them towards the payplan offer as much as possible which they have both been receiving for over a year now. I'll keep this posted with what happens. Is this the sort of case you were looking for. Thanks
  6. I had a CCJ issued against me for just less than 5000 pounds, on appeal the judge made it 'forthwith' and then Shoosmiths put a charging order on my house in the UK, I managed to get Nationwide to remove the charging order so the house could be sold (I had the mortgage and debt with them), I now live in the Netherlands and am making small payments to them through Payplan, which they have rejected previously and the last thing they said to me was they will still persue the debt and just refuse to even consider the Payplan arrangement. What can they legally do? Can they transfer it to the Netherlands? The only address they have for me here is a PO Box number, will they be able to do anything with that or will they just try to trace my real address, can they make me give them a real address? As it's under 5000 pounds would they do this or is it quite simple for them to enforce? I still intend to pay it I just don't want any court orders against me here and I can't afford to pay it all at one which is why it's all through Payplan. Thanks
  7. I've just received a 'B132 Notice to a registered proprietor of an application to enter an agreed notice' which says '(28.04.2010) Equitable charge created by an interim charging order of the .. County Court dated 19 March 2010 in favour of ..' I know that this will end up in a charge on the property and I'm not contesting it. My situation is that the house is due to be sold at the beginning of June and the contracts have already been exchanged, if a final order is not made by then will this interim order stop the sale of the house and what can I do? Thanks
  8. Sounds a good idea, I had thought that to make the signature a bit different. I know it's my mess and I'm trying to sort it out but until the house is sold and they no longer have an address to put a CCJ or charging order on this is how I have to do things, I don't want to just roll over and accept a CCJ because I'm not there but at the same time there is no way I will fly back just to defend it, the money could be better used elsewhere.
  9. Yes, they suggested it, the doc says: Upon the parties having agreed the terms By consent It is hereby ordered that: 1. Allocation/Directions hearing be vacated and adjourned to the next available date after 35 days to be conducted by telephone with the claimants solicitors to arrange. 2. A succinct case summary and proposed case directions (to be agreed if possible) to be filed 3 days before the allocation/directions hearing. 3. Costs in the case. It is then signed by Eversheds but the signature is just a scribble that says 'Eversheds LLP' so it's not signed by an individual on their behalf. Does this sound OK and should I just do it. Thanks
  10. I live in the Netherlands, going is not possible. The guy from Eversheds has senr the form for me to sign, what should I do?
  11. Does anyone have any suggestions on this as I need to sort this out today? Thanks
  12. I requested a telephone conference with Eversheds and the court, Eversheds contacted me today to say that the court date was still down as one we needed to attend so suggested that we go for an ajournment for 28 days so we can arrange this properly, he will fill in a form email it to me to sign and scan and send it back. What do I do? I don't want to give them my signature, is it a ploy because they can't satisfy the judges request for them to supply the CPR documents I requested. Do I just ignore it, ring the court and submit my defence via email on Friday saying that I can't defend due to having not received the documents or do I just go along and just let it be delayed? The case is on Monday so don't have much time, it is just the allocation/direction hearing. Thanks
  13. DuffNCustard, thanks, I'll contact the land registry, but I have had no letters from anyone to say that this has been done, this is the problem I have, I'm waiting as I know they will do it, it's just when. The insolvency website says that you cannot sell your house while an interim charging order is on until it is made full, that's why I'm a bit worried about it. Thanks
  14. That could be one way of delaying it but the problem is that Shoosmiths rejected the offer from Payplan and then the original CCJ told me to pay 400 pounds a month so I appealed and it came back forthwith so I don't see how they would consider affordable installments when it's clear that the judge is on their side and they just want me to fail the payments so they can put a charge on the property, they told me that's what they are doing so I'm resigned to the fact it's going to happen, I just want it not to interput the sale of the house so need to know the stages the land registry is checked at and if I'm in the clear after the initial checks. I wonder how long it might delay them though but I sort of also don't want to remind them incase they've misplaced it or something. Do you know how long the n245 form would take to process and if it's in progress would this stop an interim charge on the house?
  15. I currently have a CCJ from Shoosmiths/Nationwide, it was taken out in December and is 'forthwith', I am making payments through payplan which were rejected by shoosmiths, the debt is about 4800 pounds. I have not heard from the courts or Shoosmiths since December. I think that they will go for a charging order next as Nationwide told me that's what they do before we entered the whole legal process. My house is currently being sold, it is at the stage where a surveyer has been and they will be doing all the land registory checks, there is currently no chatging order but the exchange date may not be until June as we have a tennant in there, we moved to the Netherlands, the mortgage is with the nationwide so they know we have the house. at what stage do they check for the interim charging order, is it at the stage we are at or could it be when it is exchanged and would that stop the sale? If I get notification of a interim charging order is there anyway I can speed the whole process up to get it out of the way with? I don't want to ring Shoosmiths as I gave them a PO box in the Netherlands so don't know if they are thick enough to just believe us and not check we still own the house so don't want to do any thing stupid. If I've posted this in the wrong place let me know and I'll move the thread. Thanks
  16. I've been told that I can do a telephone conference so don't have to be there, I don't doubt I will get a judgement if I don't find a way to prove they have not complied but what do I do now to try to get the documents, without the documents I can't defend myself. Do I just wait until the court date and at the conference just say I can't defend myself as I was never supplied the documents or do I act now and try to get it delayed more by making Eversheds/Nationwide supply what I have asked for and paid for? Thanks
  17. I had the same thing, there are some links in this post I have ongoing with some questions I asked about it, hope it helps: http://www.consumeractiongroup.co.uk/forum/legal-issues/235633-what-do-i-do.html
  18. Right, the next court date is 15th March, Eversheds submitted their AQ, although I asked I have not received any documents from Nationwide or Eversheds, can I delay the case because of this? Eversheds have not accepted or ignored the offer from Payplan. I can't attend, the court said to make Eversheds do this by conference call, if they don't accept that I can get the judge to force them to do it. We are in the process of selling our house in the UK which is where this is being taken out against, when we sell it, even if they get a CCJ out against it before it's finalised is there anything they can do? Can they make me pay up with me being in the Netherlands or will they be forced to accept my offer? What do I do next to either delay them or make Eversheds give me all the documents I requested? Thanks
  19. Anyone any idea what I put on the AQ when it asks what dates I am available as I will never be available as I don't live in the UK any more and can't afford to come back for a court date. Thanks
  20. I've not really sort much advise, mainly my own research which is basically if I still have a UK address they can use, they will, it doesn't matter if I don't live there it's because I still own it. It's also probably why the other debts accepted the Payplan offer after I gave them a none UK address. I could never find out if anything could actually be done to me not being in the UK, there's lots of conflicting advice but the conclusion I came to was to do what I've done and use a PO box in a foreign country, the worst they can do is sell the debt onto a Dutch debt collection agency but they would have no powers of recovery on a debt originating in a different country but for CCJs they can apply to the Dutch courts for some sort of enforcement order but this could cost thousands and only worth it if the debt is 20k or something which mine aren't. That's what I think is the case. Without paying for more advice I don't know where else to ask about it as Payplan were not much help on this matter.
  21. One of the first things I did, Payplan told me to shift it so I have a UK one but my wages go into a Dutch one so no one can touch that.
  22. On the house I still own in the UK, the mortgage is with the Nationwide so they know I have it, they've already got one CCJ against me for a loan there. It's for sale and they also know that, they're trying to get all of the debts I have with them put as charging orders on the house which is not that bad but I don't want to get into negative equity and be in a position where I can't sell it. My other debts I gave them a PO box in the Netherlands as the address but they have all accepted the offers from Payplan, it's only the Nationwide that are after blood.
  23. One thing on the AQ it says something about a fee, 1) do I have to pay and 2) why should I when it's the claimants fault that it has gone this far as they have not provided the CPR and 3) can this be put in the AQ the reason why I shouldn't pay. If I have to send payment but I don't what happens? I'm on no benefits as I live in the Netherlands but I can't afford to pay it. Thanks Thanks
  24. Do I put this in the Allocation Request that they have yet to supply the documents and if they try to take it to court again and still haven't supplied the documents can it be thrown out even if I don't request the CPR again?
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