Nationwide - court action

[Squirrel29]

I've been in a DMP with Payplan since Feb 2011 and pay £100.89 between 6 creditors. All agreed the terms until Nationwide sold on the £2300 credit card debt to their in-house DCA KPR. They were getting approx £10 a month but now want £50 or £1500 f & f.

As soon as I heard they were taking court action I sent off CCA request -got template off this site plus £1 postal order. Didn't sign it and sent rec del. They signed for it on 6 Dec. Yesterday was the 12 + 2 date and no sign of CCA. In the meantime (10 Dec) I received court papers with a service date of 12 Dec. I asked Pauplsn for advice and they said fill in part of it admitting debt and send to their legal team for them to do rest. obviously had to put signature on that.

I guess I panicked at timescale of court papers. Is it still worth send next letter off to KPR it in dispute? Or will court action proceed? The CC was opened in 1998.

I accept I had the debt and was happy to pay but can't afford the £50 a month and it'll throw the whole DMP into disarray. Many thanks.

[Never-In-Doubt]

Re: Nationwide - court action

I've been in a DMP with Payplan since Feb 2011 and pay £100.89 between 6 creditors. All agreed the terms until Nationwide sold on the £2300 credit card debt to their in-house DCA KPR. They were getting approx £10 a month but now want £50 or £1500 f & f.

As soon as I heard they were taking court action I sent off CCA request -got template off this site plus £1 postal order. Didn't sign it and sent rec del. They signed for it on 6 Dec. Yesterday was the 12 + 2 date and no sign of CCA. In the meantime (10 Dec) I received court papers with a service date of 12 Dec. I asked Pauplsn for advice and they said fill in part of it admitting debt and send to their legal team for them to do rest. obviously had to put signature on that.

I guess I panicked at timescale of court papers. Is it still worth send next letter off to KPR it in dispute? Or will court action proceed? The CC was opened in 1998.

I accept I had the debt and was happy to pay but can't afford the £50 a month and it'll throw the whole DMP into disarray. Many thanks.

Hang on, what do you mean they've started action? Do not speak to PayPlan about this - they're useless at the best let alone with legal advice

The lender should not be doing this, and you need to defend the claim, do not admit it - get the CCA as it may be UE.

I will PM you details of our preferred solicitor, ring them and ring asap! ie today BEFORE filling anything in!

[Undercover Elsa]

Re: Nationwide - court action

I agree. Payplan are well out of order telling you to admit it without any knowledge of whether it's enforceable or not!
Have you sent that off to them yet?
Shep x

[Squirrel29]

Re: Nationwide - court action

Yes, Payplan confirmed they had received claim forms on 20/12. It's unfortunate that I had to wait the 12 + 2 days for response but court papers came in that time. Read pm thanks and will call today. Can court action be stopped?

[Never-In-Doubt]

Re: Nationwide - court action

Can court action be stopped?

Yes if our preferred solicitors agree with it...... thus I say speak to them asap