money in bank frozen to pay off debt, Help!!

[Dollydoo]

I have a debt with Nationwide, I was taken to court about 6 years ago (ccj) and have been paying via Shoosmiths dca, the agreed monthly amount. However, I have today found out that an old account with Nationwide has come up with the equivalent amount in savings but they have frozen this and will take it to recover the debt. Can they still do this even though the debt is with dca? (If they had done this all those years ago I could've been saved various charges plus court costs!) Anyone able to give some advice please....

[alfwithhair]

It would depend on who started the court procedings,

If the debt was owned/purchase by the DCA and they were the claiment on the CCJ, then Nationwide have no involvement any longer, so should not be entitled to freeze the saving account.

 

If however the DCA is merly collecting on Nationwides behalf, and the claiment on the court papers was Nationwide then they could legally use the 'right to offset' rule without informing you to use funds from any other account within the Nationwide group to pay outstanding debt within the same banking group.

 

But to do this now after 6 years does seem rather strange. I think the best bet is to contact Nationwide and ask for an explanation as to why they are using the 'offset rule' after nearly 6 years

[cerberusalert]

If you were ordered to pay x amount per month and you've adhered to the order they have no legal right to anything from your Nationwide a/c. Even if you were in arrears they would have to apply to the court to take further enforcement.

 

I doubt if the 'right to offset' would come into play because the CCJ supercedes any previous agreement.

[Dollydoo]

If I remember rightly I think the claimant was the nationwide rather than dca (unfortunately). I will phone nationwide tomorrow but I suspect they will say the account was never linked and so "slipped through the net" would that be an acceptable excuse for waiting nearly 6 years?

[cerberusalert]

How did the court order you to pay?

[Dollydoo]

If the ccj supercedes previous agreement is there anything I can quote to the nationwide regarding this? or should I get legal advice?

[Dollydoo]

by monthly direct debit - which I have been paying religiously.

[Dollydoo]

direct to the dca. I have no dealings with the nationwide whatsoever. payments/correspondence etc all done thru dca.

[cerberusalert]

Then you have abided by the court order, they have no legal right to anything from any a/c.

[cerberusalert]

Write to them enclosing a copy of the court order and payments made & demand that they release the funds forthwith as they have no legal entitlement to your money from that a/c.

[cerberusalert]

We all know that banks have got it into their heads that they are above the law, but technically they are in contempt of court by varying a court order without the permission of the court & the only way they could possibly get that permission is for them to apply for a 'variation order' which you have the right to defend.

[Dollydoo]

i doubt i can find court papers but can prove payments etc so i'll see what they say, thanks.

[Dollydoo]

In that case, what would be my defence?

[cerberusalert]

You can get copies of the order from your local court for a small fee if you quote the order number.

[Dollydoo]

great, thanks - I'll get onto that first thing tomorrow.

[cerberusalert]

great, thanks - I'll get onto that first thing tomorrow.

Ask to speak to someone from the court managers office and explain the situation to them.... they don't bite really.

[Dollydoo]

I will, and thanks again. will update later.

[Dollydoo]

I've spoken to nationwide today and they have already applied to the court to get the order changed at which point I will be able to put in a defence, but any ideas as to what I can say??

I also asked why it has taken so long for them to use the off set rule and they couldn't give me a straight answer - I imagine the court will be on their side as per usual!

[alfwithhair]

There is something fishy about this, if they have applied to get the order changed how come you have not heard anything about it.

 

Also they have applied, not been granted a variation, so don't know if they would be able to freeze the account on the chance they might get one.

 

They could also only take the balance outstanding, ie the judgement balance less 6 years of payments.

 

I think you may need someone with a better legal knowledge than me to answer on this one, but after 6 years to be trying it on with a variation order seem very odd.

 

What sort of outstanding balance are we taking about here?

Does the amount in the savings account exceed the balance?

[Dollydoo]

post removed

Edited May 5, 2010 by Dollydoo
delete post, info may be recognised

[Dollydoo]

.....................

Edited May 5, 2010 by Dollydoo
already stated

[Dollydoo]

Court says cannot supply copy judgement as file destroyed back in 2003 as no further action was taken but they confirmed amounts, start date etc. However, I have still not heard anything regarding variation order being applied for and have phoned dca today and they say the bank are deciding whether or not to pursue the vo. meantime my money is inaccessible until they make up their minds. Can they keep me in limbo at their leisure?