Need Some Advice On A Letter I've Received From Eversheds "Solicitors"

[duesbury_girl]

Hi all,

 

I posted on here a week or two ago about Eversheds Solictors, well I've had a response from them and I would like some advice please

 

So, cut a long story short... I got behind with my payments on a Northern Rock Loan, I got a letter from Eversheds stating the debt had been passed on them and they were demanding full amount. Spoke to someone at Eversheds who was very rude and nasty (made me cry!). I told them I was currently seeking advice from the Consumer Credit Counselling Service. (They still weren't very understanding about my situation!) So I ended up writing a letter to them to stop phone contact (which they have done.) and I also wrote to them stating that I had written to NR about coming to some lower monthly payments (I'm unemployed at the mo ) etc.

 

Today I received a letter from them stating that if they hadn't received a payment or heard from the CCCS by 27th April they would issue a CCJ against me or send baliffs to my home. (Which I find quite amusing as the bailiffs wouldn't be able to take anything as I'm currently residing at my parent's.Ha!). Anyway, what do you think I should do about this? Should I wait until I've received a response from Northern Rock?

 

I sent the letters Recorded Delivery so I know that they got them if they come back with that they haven't received anything. Actually, the letters I sent to Eversheds were dated 17th April and the letter I got today was dated 20th April, so is just scare tactics??

 

Any advice would be gratefully received. I'm not going to let these idiots beat me

[the_shadow]

Today I received a letter from them stating that if they hadn't received a payment or heard from the CCCS by 27th April they would issue a CCJ against me or send baliffs to my home. (Which I find quite amusing as the bailiffs wouldn't be able to take anything as I'm currently residing at my parent's.Ha!). Anyway, what do you think I should do about this? Should I wait until I've received a response from Northern Rock?

 

I sent the letters Recorded Delivery so I know that they got them if they come back with that they haven't received anything. Actually, the letters I sent to Eversheds were dated 17th April and the letter I got today was dated 20th April, so is just scare tactics??

 

Any advice would be gratefully received. I'm not going to let these idiots beat me

 

Hi duesburygirl, if you have a previous thread, its a good idea to keep the new posts on that thread so people can see the full history and stops you having to explain it all again:D:D

 

As to the letter from eversheds, does it actually state they would issue a CCJ or send a bailiff round or does it say apply to court to obtain a CCJ? It matters how they say things as they have no powers at all.....

 

If they have stated those things then a complaint to the OFT as thats clearly against the OFT debt guidelines, they are not allowed to claim actions which they cannot carry out.

 

To send baliffs round they have to first take you to court and obtain a ruling from a judge who would look at what you can pay and then come up with a figure and enforce it with a CCJ, IF and only if you dont pay that amount then they have to go back to court and ask for the enforcement actions they are stating.

 

S.

[duesbury_girl]

The last paragraph of the letter says...

 

Failure to hear from you by 27 April 2009 will result in our seeking immediate instructions to proceed, with a view to obtaining a County Courty Judgement.

[the_shadow]

The last paragraph of the letter says...

 

Failure to hear from you by 27 April 2009 will result in our seeking immediate instructions to proceed, with a view to obtaining a County Courty Judgement.

 

Ok, thats allowed I believe. They are stating they would issue court proceedings to obtain a ccj against you. This could be a standard threat template but it can also double as a LBA.

 

Did you copy eversheds in on the letter you sent to NR offering reduced payments? Did you send by recorded delivery?

 

S.

[duesbury_girl]

Yep, I sent all letters (to NR and Eversheds) recorded. I stated in the letter to Eversheds that I was seeking help from NR for reduced payments etc.

 

When I spoke to someone at Eversheds I did say to them I was in financial difficulties and was having a DMP drawn up by the CCCS. They weren't very understanding about it, told me "if you had no intention of paying the loan I shouldn't have got one" (!!). I told them that my other creditors had been very understanding with the matter and they said back to me that "they didn't work like that." IDIOTS!

[the_shadow]

Yep, I sent all letters (to NR and Eversheds) recorded. I stated in the letter to Eversheds that I was seeking help from NR for reduced payments etc.

 

When I spoke to someone at Eversheds I did say to them I was in financial difficulties and was having a DMP drawn up by the CCCS. They weren't very understanding about it, told me "if you had no intention of paying the loan I shouldn't have got one" (!!). I told them that my other creditors had been very understanding with the matter and they said back to me that "they didn't work like that." IDIOTS!

 

Oh yes idiots in deed.

 

If you have the paper trail evidence then it sounds like a wait and see jobby.. if they do take you to court the judge will see you've done your best to settle prior to court and will only make you pay what you can afford. It might all just be bluff and bluster to squeeze anything they can out of you.

 

If you want to be pro-active then you could remind eversheds that if they were to issue proceedings the judge would only make you pay what you can afford which is what you've offered NR anyway! and copy that letter in to NR too.

 

S.

[harrassed senior]

How old is your Loan, have you CCA'd Eversheds/Northern Rock yet? This would put the account immediately in dispute and stop all actions by anyone until they produce your actual Agreement.

[42man]

Please send off a CCA request to whoever owns the debt now....and I urge you to report them to the OFT too.....they are in breach of several guidelines.....