Threat of court action

by Ithesoul Wed Jun 14, 2017 2:37 pm

Hi All
Last year & in order to avoid court action being started against me by Nationwide BS, by their agents Shoosmiths, (I was advised on Get Out of Debt Free that they had the minimal paperwork required to possibly win in court).
I therefore agreed to pay an affordable monthly payment of £10.00 to keep them at bay. However, as we know they don't leave you alone & they are now saying that my new monthly payment offer is not enough to clear the debt within their timeframe of 120 months, which I accept it isnt, & my offer of an early & discounted payment figure, (about 11% of the amount owed) is not sufficient, even though they refuse to give me a clue as to what would be acceptable!.

I have the option of going back & offering either an increased monthly payment, which would make it unaffordable, or making an increased full & final payment offer which I would need to find from somewhere!!.

Can you please give me any advice as to how to proceed, what you would suggest/recommend. I really don't want to end up with a ccj & a charge on my house!.

Best wishes & thanks in advance.

by **daveiron** Wed Jun 14, 2017 3:15 pm

If you dont mind me asking ,what was the alleged for?

by Ithesoul Wed Jun 14, 2017 3:51 pm

Hi daveiron
Thanks for your reply, the amount currently outstanding is £8,500.00.

by Ithesoul Wed Jun 14, 2017 3:55 pm

It was for a credit card.

by Boudica Wed Jun 14, 2017 4:00 pm

I have no idea who on earth on Goodf would have given you that advice. It must have been one of the trolls.

by Ithesoul Wed Jun 14, 2017 4:30 pm

Hi Boudica
I will have to check back to see who it was, if I can access the forum that is!.

by Boudica Wed Jun 14, 2017 4:38 pm

Ithesoul wrote:Hi Boudica
I will have to check back to see who it was, if I can access the forum that is!.

I wouldn't bother the site has gone but please beaware that non of us who know what we are doing would ever suggest paying a penny. I am just sorry you have been so badly advised but this also comes down to doing your own due diligence and not believing what you told, as this will get you in a lot of trouble.

by Ithesoul Wed Jun 14, 2017 4:50 pm

Hi Boudica
OK, thanks for being so clear. So how do you suggest/is there a way of extracting myself from the mess I have got myself into?.

by **daveiron** Wed Jun 14, 2017 4:55 pm

Hi ,Ithesoul,

I presume you have done the 3 letters ,did they provide all of the proof claim that you requested ?

In your response i would add the following :
As you have now intimated possible Court action ,I now require additional information from you regarding this account in order for me to defend against your claim in court.

1. A signed statement from a named individual from the original creditor that this account has not been sold or traded in any way.

2. A signed statement from a named individual from the original creditor that no insurance claim has been or will be made in respect of this account.

(I realize i bang on about those 2 points ,but i am totally convinced that they are 2 questions they will not want to answer in court and as we know, these accounts have been traded & or an insurance claim made. )

by Boudica Wed Jun 14, 2017 5:16 pm

Thanks Dave

by Little D Wed Jun 14, 2017 5:32 pm

Hey Ithesoul, is the debt in one persons name and the mortgage in joint names?, if so charges do not work in the same way, see here https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/360867/Algorithm-2-Joint-proprietors-registered.pdf

Only a 'restriction' can be applied to a joint mortgage if the debt is in one persons name, restrictions do not have to be paid upon sale like an charges against the title which can not be removed until it is paid.

by Ithesoul Wed Jun 14, 2017 5:47 pm

Hi daveiron
Thanks for your reply. Yes I did the 3 letters & the estoppel to Nationwide. I recieved from them a copy of the signed & dated terms & conditions & later on a default notice. On that basis Tiggy suggested I was at risk of losing in court & so I decided to make the monthly payments.

by **daveiron** Wed Jun 14, 2017 6:25 pm

Ok, the idea is to stop it going to court .
As you obviously need to respond to their letter .
As well as the 2 points in my previous post inform them that you will require the original agreement in court as proof that they still hold title to the agreement .otherwise there would be nothing to stop them making a copy & then selling the original.
Remember they are making the claim & the onus is upon them to provide proof of claim.

Take note of ALABs post .if in joint names that should remove a major stumbling block if you lose.
That would then only leave a ccj ,& any collection on them is very easy to stop. Its just a case then of how important is a ccj to you.

by Ithesoul Wed Jun 14, 2017 7:02 pm

Hi daveiron
Many thanks for your reply & very helpful advice.
Shoosmiths informed me of their potential action in a telephone call today which I recorded, should I ask for them to confirm it in writing?.
I am concerned about receiving a ccj as it may impact my next application for a fixed rate mortgage deal with my wife in early 2018.
Also I understood/was told that a copy of the agreement would be sufficient in court these days.
Its a post 2008 credit card & I understand the onus of proof on the lender is less than pre 2007/8?.

I am not into borrowing money anymore from banksters unless I have no other option, I have learnt my lesson!.

Best wishes

by petesomething Wed Jun 14, 2017 7:31 pm

Hi Ithesoul

The reason Tiggy told you this, its because the Nationwide would have had the paperwork to win in court,
however could you read the terms and conditions, when they trade or they sell the agreement, normally you get a copy you cannot read, , if so this could be your way out.

i would do what daveiron suggested ,

but also you could do income and outgoing sheet to show you cant pay any more .

by Ithesoul Wed Jun 14, 2017 7:43 pm

Hi petesomething
Many thanks for your advice.

Best wishes

by Ithesoul Wed Jun 14, 2017 7:51 pm

Hi petesomething
I have already done the income & expenditure form a number of times since starting the payments & they know I cannot afford to make the payments they want to meet their paying within 120 months criteria, thats why they are looking to get a ccj & a charging order on my property!.

by Ithesoul Wed Jun 14, 2017 8:00 pm

Hi again petesomething
In saying they sent me the terms & conditions all I received was the last page starting at item H - charges!.

by **daveiron** Wed Jun 14, 2017 8:08 pm

Hi mate,

As they are threatening court i would reply straight away & hit them as hard as you can with what you will be requiring from them for your defence in court .Make it clear these are questions you will be asking in court should they proceed .

Dont forget the aim is to stop it going that far so do not show any sign of weakness or they will pounce.
This is only what i would do myself ,others may give different advice .
In any event please keep us informed, in order that any lessons learned can be used in future.

Just spotted your last post .Thats something else to demand ie;the full T&Cs

regards dave

by Ithesoul Wed Jun 14, 2017 8:33 pm

Hi daveiron
Many thanks for your advice.

Best wishes

by Boudica Wed Jun 14, 2017 8:55 pm

Sorry but am I missin something here? How old is this alleged debt?

by petesomething Wed Jun 14, 2017 9:27 pm

Hi Ithesoul

you will not get a mortgage with a ccj,
send the letter also say you want a true copy of the agreement last copy was not a true copy , send again incoming and out going show you have nothing, keep a copy ,
Daveiron is right do not show any weakness,

by Little D Wed Jun 14, 2017 9:54 pm

Boudica wrote:Sorry but am I missin something here? How old is this alleged debt?

Hey Boudica, I could be wrong but I think the op has been making payments so statute time barred may not be a consideration at the moment.

by Ithesoul Tue Jul 25, 2017 9:37 pm

Hi All
I have recently received a court claim form for this account & I am just considering my next step, I now need to respond within 9 days!.
As I have been paying a small amount per month to Shoosmiths who are acting for Barclaycard, will this be a significant disadvantage to me if I now submit the 'defence form' to the court?.

Thanks in advance for your advice.

by Jinxer Tue Jul 25, 2017 10:00 pm

I maybe wrong but I always thought that once you were making a regular monthly payment then they shouldn't take you to court. I would tell them I can't afford £10 a month anymore but would be willing to pay £2 a month if they collected from my door.
I don't know if that would work these days but a friend of mine did this about 25 years ago and they only collected his 2 quid 3 times.

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