Nationwide strike again. 2nd Summons!!!

[1stlifeline]

Update time:(

 

Got a letter from the court.

No ajournment

Claim reinstated and summary judgement for the claimant at the same time.

JUdge said no real prospect of sucess on our defence.

Lots of costs added.

 

What can we expect now?

[1stlifeline]

Polite little bump:)

[pt2537]

??? sorry i really dont have time to read back

 

i cannot see how they can secure summary judgment

 

did you file witness statement in opposition?

[1stlifeline]

Hi Paul. We did but we were late filing it and we also asked for an adjournment.

 

Can I just add at this point that I would like to say thanks to many on this board and especially you. You wont remember but a couple of years ago you helped me on a defence for another Nationwide case which we won thanks to you. Im very grateful:) thank you.

 

Out of interest does anyone know what we can expect to happen now?.

[pt2537]

well, with judgment

 

they will be entitled to the monies and if you do not pay then, they can seek a charge on the property or a attachment of earnings

 

or in worst case, orders for sale

 

its a serious moment

[1stlifeline]

Right, thanks. We dont own a property, we had to sell it to avoid repossession but only just broke even. We are paying back debts to other companies on reduced terms and are really robbing peter to pay paul each week.

 

If they go for the attatchment of earnings then they will be taking money which is alloted to other debts. We have zero disposable income.

 

Should we contact them and explain the situation or is it our of our hands?

[1stlifeline]

One more question please.

 

If the worst happens and they send in bailiffs what do they consider taking.

 

We are not married, is my wage taken into consideration?

 

The car is a banger and is mine as is the furniture.

 

Other half really only has his personal things, clothes, cds, that sort of thing.

 

The only item of value in the house is a newish TV which my adult son who lives with us bought himself at Xmas.

 

What happens if there is noting for them to take of value?

[gh2008]

Have you looked into bankruptcy??

 

I know it sounds horrible but I can assure you it's much nicer than the High Court bailiffs .....

 

If you are really that down then you have nothing to lose and with little disposable income you will be instantly debt free and probably discharged in 12 months.

 

Recently advised & helped 2 friends go through it and it's not bad at all.

[gh2008]

If you declare BR you take a lot more control if the situation rather than the bailiffs who will just try and take absolutely everything other than bedding and life's essentials.

 

BUT saying that they have to get in and they have no right of entry (other than open window or door) so don't let them in.

[1stlifeline]

Thanks for the reply. Im not sure about the bankruptcy thing, I read up on it a while ago and cant remember the reason now (I will have to do another read) but I felt from what I read that we wouldnt be considered.

 

Can I also ask about liability. Its not my debt so can they start taking things which belong to me if the worst does happen?

Is it likley tht bailiffs could just appear or will we hear from the Nationwide first. Is it worth him contacting them to make an offer of payment?

[Ganymede]

Thanks for the reply. Im not sure about the bankruptcy thing, I read up on it a while ago and cant remember the reason now (I will have to do another read) but I felt from what I read that we wouldnt be considered.

 

Can I also ask about liability. Its not my debt so can they start taking things which belong to me if the worst does happen?

Is it likley tht bailiffs could just appear or will we hear from the Nationwide first. Is it worth him contacting them to make an offer of payment?

 

 

If your name is not on the judgment then the bailiffs cannot touch your belongings and they cannot touch your sons etc if his name is not on the judgment.

 

As mentioned above the bailiffs have no right of entry so do not let them in!

 

If you want to make an offer to the creditor then it couldn't hurt to see what they say.

[gh2008]

If you make an reasonable offer and they refuse you can ask the Court to make an Order, but that would involve turning up at Court which AIUI is out of the question at the moment.

 

Certainly make an offer - nothing to lose by it.

 

In my experience the bailiffs will try and claim everything and then it is up to you to *prove* they are not your OH's possessions. IIRC as a couple the 'household' possessions are considered 'fair game' but your son'e will be exempt.

 

If NW decide to play nasty you will not get any warning.

 

There is no issue of 'being considered' for BR - the test is whether you owe more than you are 'worth' if you cannot afford your debts you are insolvent and can declare BR.

You fill in some forms, meet with the Official Receiver and they look at your income as to whether you are able to make any payments at all towards your debts. If not then all your debts are written off and you start again.

 

You can open a bank account as soon as you are declared BR although you will not get an overdraft or credit in the 1st 12 months

 

After 12 months you are normally discharged and are free.

 

You are unlikely to get cheap credit but there again that's no different from now is it .....

 

Best bit is no creditors, no phone calls no hassle all gone

[1stlifeline]

Thank you for the advice.

 

If he approaches them to make an offer of payment (it would have to be a monthly payment, we cant possibly find the full amount) then do we contact Nationwide or the solicitors thst were acting for them?.

[Ganymede]

Thank you for the advice.

 

If he approaches them to make an offer of payment (it would have to be a monthly payment, we cant possibly find the full amount) then do we contact Nationwide or the solicitors thst were acting for them?.

 

 

 

Make the offer to the solicitors as they are the ones who will be instructing the bailiffs, but you can also make the offer to the bailiffs if/when they turn up at your door.