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What do I do next? CCJ Case.

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is your bank account with nationwide? if so shift it - Quick

 

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.

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May pay to get advice on the possition with you being out of the country. They may have problems.

 

Charging orders cannot make you go into negative equity. When the mortgage is paid off, then the ballance owned by you ( and only your share if jointly owned ) can be used to pay off debts.

 

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.

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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

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My advice for what it is worth is to fill in your aq so you are unavailable for the next say 6 weeks to give you a little more time.

Make sure you ask the court to make directions that all documents be exchanged 14 days before the hearing. Originals true copies be brought to the hearing.

At the same time write to Eversheds and make them the same offer of payment payplan made. Don't admit the debt in writing but make it clear you would like to start payments and avoid wasting court time. This does count when costs are decided and added if the case goes ahead. In my case Eversheds were prepared to accept the same amount for payment of the balance as it stood before the court fees. It may even be prudent to start paying something straight away even if it is a token payment.

Always answer letters. Keep a careful eye on the court dates and if in doubt ask for advice here.

At the same time I would do a £10 full request for all the data Nationwide hold on you. If you have multiply accounts this should yield lots of details and hopefully something you can use if the court case goes ahead.

But the basic plan for me would be fob them off with a couple of quid a month until the house is sold and then tell them where to stick it.

If you have got a copy of any default notice Nationwide has issued for this I would highly recommend you photobucket it on here though. This is the document Nationwide usually get wrong and if they have terminated on a dodgy default notice you should win.

 

Lots of stuff on my link if you want to know how Eversheds/Nationwide will handle this.

http://www.consumeractiongroup.co.uk/forum/legal-issues/203488-g-nationwide-credit-card-2.html[url=http://www.consumeractiongroup.co.uk/forum/legal-issues/203488-g-nationwide-credit-card-2.html][/url]

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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

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i think if you dont turn up and keep making excuses you will get a judgement against you

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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

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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

why not apply for a strike out!!- at least it shows the court that you are doing something and not just sitting back on an embarrassed defence

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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

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Does anyone have any suggestions on this as I need to sort this out today?

 

Thanks

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if its not far, and you have the time i would go there anyway AND take all my bunf with me!

 

\( well personally i would go no matter how far)

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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?

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Mxbn

 

What's on the form from Evers? I can't see them being so obliging. In any case an adjournment is for the court to decide. Normally, the court would grant an adjournment if BOTH parties have agreed previously. Is that what Evers have suggested?


Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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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?

 

well signing it should be no problem if all that concerns you is your signature- put a couple of lines through it when you have signed it!!

 

not being able to attend- because you live in the Netherlands won't (imo) help you

 

its your mess- the court will expect you to do what is necessary to help clean it up

 

therefore important to agree what can be agreed with eversheds as if you don't and they get to court and find you not there- they will do the doo doo on you

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Mxbn

 

What's on the form from Evers? I can't see them being so obliging. In any case an adjournment is for the court to decide. Normally, the court would grant an adjournment if BOTH parties have agreed previously. Is that what Evers have suggested?

 

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

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well signing it should be no problem if all that concerns you is your signature- put a couple of lines through it when you have signed it!!

 

not being able to attend- because you live in the Netherlands won't (imo) help you

 

its your mess- the court will expect you to do what is necessary to help clean it up

 

therefore important to agree what can be agreed with eversheds as if you don't and they get to court and find you not there- they will do the doo doo on you

 

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.

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