Nationwide Credit Card and overdraft (N.I Belfast)

[Lilythepink]

I am trying to delete it but i am only on my mobile it was a mistake thanks

[Lilythepink]

Can you advise urgently,

 

 

can you setaside a judgement that has already been registered.

 

 

Need to know, quickly before I start negotiations with the solicitor.

 

 

thanks

[dx100uk]

so this is a decree [scottish]

didn't realise you were my side of the border.

 

 

if you did not receive the summons etc etc

then yes you can contest it.

 

 

sadly we've not been seeing all the letters over the months this debt

has been here

so diff to advise.

 

 

dx

[Lilythepink]

so this is a decree [scottish]

didn't realise you were my side of the border.

 

 

if you did not receive the summons etc etc

then yes you can contest it.

 

 

sadly we've not been seeing all the letters over the months this debt

has been here

so diff to advise.

 

 

dx

northern ireland actually i am going to contest it. It has been too long and drawn out with no answers until now from Nationwide. Sadly it is me who is going to suffer

[dx100uk]

is this for the OD or the Credit Card?

 

 

dx

[Lilythepink]

What do the Nationwide mean,when they say if the debt can be secured on my property. And they only get their money when my mortgage is redeemed

[dx100uk]

charging order or restriction if jointly owned property

 

 

dx

[tedney]

What do the Nationwide mean,when they say if the debt can be secured on my property. And they only get their money when my mortgage is redeemed

 

If they can put a "charge" on your property means that an entry is made on the Land Registry for the property,

which could mean that when the property is sold, they could recoup the amount of debt.

 

 

Charge depends on a number of factors, including is the property in sole or joint names, is it yours etc.

 

 

It is much like a mortage in as much that, if it is mortgaged, and when the property is sold, the mortgage is usually redeemed on that property.

 

 

IHTH In other words, they are trying to secure the debt, which may be unsecured at present?

t

[Lilythepink]

thanks for that advice,

but I never signed anything to say that my home would be at risk,

if I did not keep up the payments, and I certainly never secured any credit card on it.

 

 

It is jointly owned, and the debt is small.

 

 

They have told me that I can still make payments to the account, but it will still be a charging order

 

I looked at my credit report, and when it was defaulted two years ago, I was still paying them,

and I have made payments the last two months, and they are still not showing.

 

 

I have written a letter to them, asking where is this money going to,, as I have proof on my bank statements.

[dx100uk]

if its not a joint debt it cant be a charging order

it can only be a restriction

unless NI is diff?

 

 

which I don't think it is.

 

 

dx

 

 

dx

[AndyOrch]

Northern Ireland

 

If a debtor owns property, whether jointly or otherwise, or has an interest in property, the debtor can petition the EJO to issue a charge on the land, in an effort to secure payment. Only when the order has been registered against the property and the property sold/remortgaged, will the creditor be paid from the net proceeds of the sale. An order forcing sale can only be made if there are no other legal equitable interests in the property (e.g. where the property is owned jointly with a spouse). Please note that the order charging land only survives for a period of 12 years from the date of Judgment. If the debt isn't paid within this period, the creditor will have other options through the EJO but won't be able to re-issue the charge order.

 

Andy

[Lilythepink]

I still do not undérstand how an unsecured debt turns into a secured debt. Where is the legality in this. Its disgraceful. Where is the incentive to actually pay the debt, which i have been doing.

[AndyOrch]

I still do not undérstand how an unsecured debt turns into a secured debt. Where is the legality in this. Its disgraceful. Where is the incentive to actually pay the debt, which i have been doing.

 

It changes when there is a default...you provide the creditor a cause of action...a judgment is attained and then the judgment is executed (secured/charging order)....if that's the route they opt for they may opt for an Attachment of Earnings...Third party debt order or even Bankruptcy...subject to level of the debt.

 

 

Andy

[Lilythepink]

They are the only creditor I have that have went down this route in such a short space of time, with minimal communication, all because they couldn't provide the CCA, they went straight to court action.

[Lilythepink]

I am awaiting a reply from Nationwide for over 2 weeks now, and I was thinking that I never got the chance to show the judge the CCA that they sent me in other words how can they put a charge on my house, or enforce payment whenever they cannot supply the agreement. Should I write to the court??

[Lilythepink]

Nationwide CC have replied through the solicitor, saying their client (Nationwide) will continue with legal proceedings,

but they have accepted my payment of 20 a month, but

 

 

meanwhile Payplan are dealing with them as well, so I am paying Payplan and Nationwide, and they are not stopping the court procedure.

 

I read on stepchange's website that if there is an Intention to Enforce payment, they have to do it within 3 months of the original court order:

Anyone verify this, as they are just threatening me all the time.

[AndyOrch]

Think you have been reading Northern Ireland legislation there Lily

[Lilythepink]

Yes it was on Stepchange website is it true? I live in Belfast, NI

Edited May 17, 2015 by Lilythepink
informed where I live

[AndyOrch]

Yes ...as you reside there

 

Thread title amended.

 

Andy

[Lilythepink]

Today I received a letter from the solicitors saying that Nationwide have said to go ahead with the charging order, but they will accept the offer of payment each month to be paid to Nationwide or them. How can I stop this charging order, whilst payment is ongoing. Also the property is jointly owned, surely they have a say in this. Again how do they go ahead wiith this whenever they have just sent me the intention to enforce the debt, over 3 months ago.. In a dmp and also Nationwide want me to pay more to them, ,than to my other creditors, I told them this, but they don't seem to care. What a mess this is?

[Lilythepink]

Today I received a letter from the solicitors saying that Nationwide have said to go ahead with the charging order, but they will accept the offer of payment each month to be paid to Nationwide or them. How can I stop this charging order, whilst payment is ongoing. Also the property is jointly owned, surely they have a say in this. Again how do they go ahead wiith this whenever they have just sent me the intention to enforce the debt, over 3 months ago.. In a dmp and also Nationwide want me to pay more to them, ,than to my other creditors, I told them this, but they don't seem to care. What a mess this is?

 

Anyone able to help with this one

[AndyOrch]

You cant stop a charging order (or restriction) as in your case.

[Lilythepink]

do they just go to court and get it, or do I attend to give my side of things

[AndyOrch]

Afraid so....first you have the Interim Application this notifies you of the claimants intention...then you have the final hearing....I would always advocate everyone attend a hearing when it concerns matters in connection to you or your property.

 

The hearing is to finalise the charge though...not to go into details of the judgment or payments or any history....

[Lilythepink]

Received a custody order today from the courts, informing me that they can come to my home and take goods. Yet I have in front of me a letter from the solicitors saying that N'wide agree to m;y monthly payments, and if my situation changes they will bee happy to accept a token payment each month,, so I set up a standing order and now this. Have the courts//solicitors//Nationwide gone mad, or are they just trying to make me so stressed that I cannot go to work I might as well be talking to the walls, as they have more sense.