Embarrassed with head in sand.

[JJaying]

Hello to anyone, some basic advice needed please.

 

Firstly; very impressed with the CAG site and all the legends that offer good advice, support and obviously giving lots of their time to people that need it.

 

My business recently folded and I separated from my partner so at the beginning of the year I walked away from everything or more to the point ran away to Europe to stay with friends before I went crazy & topped myself.

 

I do not have a property, mortgage or loans in the UK but have missed months of payments on personal credit cards and my mail caught up with me last weekend along the realities of life. With penalties and interest my Natwest card is overdrawn and so I’ve received a letter from Green & Co, their solicitor dated the 29.05.09 threatening to commence legal proceedings in 7 days if I do nothing. This is the first time in my life I have missed a payment for anything and I simply do not have the money or income to pay.

 

Originally I was going to hide and do nothing but after looking through various forums and seeing I’m not the only one, I feel like making a stand against Natwest who have charged me and my business thousands of pounds over decades for a third rate troublesome service. Then they play a big part in bringing the country to its knees, me included.

 

I’ve had a good look through PT’s great thread ‘why you shouldn’t use section 77/78 CCA 1974 if you want the signed agreement’ and X20’s great thread ‘Getting Them To Reveal Their Vitals - Using CPR 31.14 to Your Advantage’ and have noted numerous references to CPR 31.14 and 31.16. Lots of info but I’m not 100% sure what, if anything, I should do!

 

I’m not sure if I should even bother to apply for a CCA at this time or if maybe I should let them take me to court if they choose and then see if they have a true CCA which I’m 99% sure they do not.

 

I have also read that if I inform Natwest in writing that I have no property or assets and that I no longer reside in the UK they may not take further action and they will not be able to obtain an enforceable CCJ against me because of this and if they do it will not be enforceable outside of England in any event.

 

Ultimately I am not too worried about the outcome of court proceedings as it will not have too detrimental effect on me. I do not think I will return to the UK in the near future and certainly have no intentions of using credit in the future and so I’m not too bothered about DCA’s either.

 

I’ve looked for similar threads to my situation but have not really found anything relative so if there is anyone that could offer even the briefest of advice I would be more than grateful?

 

Thanks anyone. JJay

Edited June 10, 2009 by JJaying
first time error

[42man]

Hi JJ....welcome to the CAG forums, I would also suggest that you DO send off for a copy of your agreements for your credit card/s, as for enforcing debts in another EU country you might find this useful...... - PART 78 - EUROPEAN ORDER FOR PAYMENT AND EUROPEAN SMALL CLAIMS PROCEDURES - Ministry of Justice

 

I'll also move this thread to the General Debt forum where hopefully you should get some more help/advice/comment

[JJaying]

Bump !