XX007 - UE Diary - Tomorrow never dies

[XX007]

Re: XX007 - UE Diary - Tomorrow never dies

Will do. I suppose they have to reply to my letter.

[XX007]

Re: XX007 - UE Diary - Tomorrow never dies

I have been away for a few days and have come back to a letter dated 16th October saying they will continue with legal action on 23rd October. They have also enclosed a copy of the Cca. They say nationwide have instructed them to get a ccj and charging order unless I make a monthly offer they deem reasonable which clears the amount in a reasonable timeframe. But they don't specify what that is. To add to my problems my laptop is with the doctors so I will have to email them does that cause an issue. Any ideas what kind of time frame they would be thinking of?

[PlanB]

Re: XX007 - UE Diary - Tomorrow never dies

a letter dated 16th October saying they will continue with legal action on 23rd October. They have also enclosed a copy of the Cca. They say nationwide have instructed them to get a ccj and charging order unless I make a monthly . . .

Does Shosmiths' letter say "continue with legal action" or does it say they will issue legal proceedings on 23rd October (which is tomorrow)?

From what you say they have now provided a copy of the CCA.

Isn't this a post 2007 account which won't be unenforceable? (Your Nationwide account opened October 2011)

Can you also clarify if you have stopped making the £6 per month payments which had previously been agreed.

Plan B x

[XX007]

Re: XX007 - UE Diary - Tomorrow never dies

Hi there plan b.

It says " please note we are due to continue with legal action on 23 October 2015"

And yes I presume it can be enforced as the cca is from October 2011

[XX007]

Re: XX007 - UE Diary - Tomorrow never dies

Also I am still paying £6 per month

[Never-In-Doubt]

Re: XX007 - UE Diary - Tomorrow never dies

If you're making monthly payments that they've accepted for a period of time then taking action isn't exactly fair.

Can you clarify; are you paying a creditor direct or via a DMP? How long have you been paying £6pm for and who agreed it and have the DCA asked for more?

[XX007]

Re: XX007 - UE Diary - Tomorrow never dies

Nationwide accepted £6 per month for 6 months when all this started. They tried to start proceedings about a ccj back in March and you got me to complain to the fos which bought some time.

I am still paying £6 per month direct to nationwide. Shoosmiths are acting on their behalf they say.

i have been paying the £6 for over a year now. Shoo smiths have said nationwide want it paid in an acceptable period of time or they will press ahead with the ccj but they don't specify the time period.

They also say there will be no interest charged or cost added as long as I do not defend the action.

[PlanB]

Re: XX007 - UE Diary - Tomorrow never dies

i have been paying the £6 for over a year now. Shoosmiths have said nationwide want it paid in an acceptable period of time or they will press ahead with the ccj but they don't specify the time period.

They also say there will be no interest charged or cost added as long as I do not defend the action.

Can you email a copy of Shoosmiths letter to me using planB@all-about-debt.co.uk and a copy to Niddy using webmaster@all-about-debt.co.uk

I think we need to see the exact wording which does sound a bit like coercion. Having said that you may not have a Defence to this potential claim so tread carefully since you are a homeowner (is your mortgage also with the Nationwide?) and work in the financial sector so a CCJ is not an option.

The debt is £7,040 so payments of £6 per month will take over 97 years to repay at that rate. That's probably why they are not keen to continue with the informal situation.

Have they asked you for an I & E at any stage (sorry I haven't had time to read back through your thread)?

And what was the essence of your complaint to the FOS and what was the outcome?

Plan B x

[XX007]

Re: XX007 - UE Diary - Tomorrow never dies

Hi the previous two letters from Shoosmiths had I&e attached.

The previous complaint was harassment which the fos rejected.

[XX007]

Re: XX007 - UE Diary - Tomorrow never dies

I have tried sending the document using my phone hope it works.

In other bad news I drive a
Zafira so I may combust before it gets paid back.

[PlanB]

Re: XX007 - UE Diary - Tomorrow never dies

Nationwide accepted £6 per month for 6 months when all this started. They tried to start proceedings about a ccj back in March and you got me to complain to the fos which bought some time.

I am still paying £6 per month direct to nationwide. Shoosmiths are acting on their behalf they say.

i have been paying the £6 for over a year now. Shoo smiths have said nationwide want it paid in an acceptable period of time or they will press ahead with the ccj but they don't specify the time period.

The Shoosmiths' letter is factual and sets out the legal position without any threats. It's not a nice letter but it's probably not harassment either. The FOS have dismissed that argument before.

It says they are seeking "to enter into a repayment schedule which is affordable and sustainable" I would think providing an I & E Form would be the right thing to do if you want to be seen to co-operate in the hope of avoiding legal proceedings.

The letter goes on to say your repayment offer needs to clear the balance "within a timeframe that is deemed reasonable by our client". This suggests that it is Nationwide who will make the decision as to what is reasonable.

I would be tempted to call Nationwide first since you have already agreed two six-monthly repayment arrangements direct with them before. Ask them what would be considered a reasonable timeframe (60 months is the norm). Ask them whether they would consider another six months at the agreed amount which they can review at the end of that period. If it feels right to you then tell them that you work in the financial sector so a CCJ would harm your job and if lost then you would be in a worse position when it comes to repaying this debt. Normally I would say do that in writing but you've run out of time so ring them.

Shoosmiths' letter finishes with "do not hesitate to contact us" and gives you the number. This is an occasion when it would be wise to call since the deadline is today. If you're happy to provide an I & E Form ask them to put the account on hold for seven working days to give you time to seek help and advice from the CAB on completing it accurately. Creditors or their agents aren't supposed to issue proceedings if formal debt advice is being sought.

If Nationwide are willing to deal direct make sure Shoosmiths are told this (today).

You also need to clarify the exact sum being requested. Earlier in your thread you said the debt was £7k but then later you said the sum being chased was only £3.5k. You need to know the precise amount so you can do the maths.

They were unlikely to accept a F & F of only £600 against a debt of £7k (or £3.5k) but at least your offer demonstrated that you are a "can't pay" not a "won't pay" person.

Finally even if they do issue a summons that may not be the end of negotiating to prevent a CCJ. Since this would be in the Small Claims Court you will be offered the option of Telephone Mediation where you can settle (if both agree to mediate) without a CCJ or CO.

Plan B x

[XX007]

Re: XX007 - UE Diary - Tomorrow never dies

Hi plan b Niddy suggested I get in touch with shoosmiths which I did before seeing your message.

The debt is approx £7,200 nationwide sent me a letter saying it was £3,500 but is was a typo on their part unfortunately.

The £600 is far too low as expected and you're right they want payment over 60 months months.

I did tell them that a ccj will stop them getting any money and they suggested a tomlin order. Which will still give them a charge over the property.

I asked if we could arrange a lower payment amount for 12 months but they did not think nationwide would go for that and would still insist on payment over 60 months.

In light of this do you think it's worth me calling nationwide. I think it's worth a go.

Shoo smiths have put it on hold for 30 days so that's good news.

Finally thanks again everyone for being in my corner.

[PlanB]

Re: XX007 - UE Diary - Tomorrow never dies

I did tell them that a ccj will stop them getting any money and they suggested a tomlin order. Which will still give them a charge over the property.

In light of this do you think it's worth me calling nationwide. I think it's worth a go.

Shoo smiths have put it on hold for 30 days so that's good news.

Excellent news. You've bought yourself 30 more days to negotiate.

I definitely think it's worth ringing Nationwide. Now that you have 30 days' grace you can offer to send them your I & E and negotiate with them direct. It's worked before so I see no reason why it may not work again. After all you are still paying them direct not paying Shoosmiths.

Of course you can settle with a Tomlin Order after proceedings have been issued but that doesn't give them an automatic right to a charging order over your home unless you volunteer that as part of the deal which I wouldn't recommend. Shoosmiths are being pushy.

I expect they *forgot* to mention that you could settle this for free by Mediation if things get that far. However you'd need to file a Defence first.

Shoosmiths know they won't get their costs paid even if they took this to court and won.

Plan B x

[XX007]

Re: XX007 - UE Diary - Tomorrow never dies

Lol that was a bit awkward I called them and they put me through to the solicitor from shoosmiths I spoke to earlier.

ive left a message with the collections team from nationwide to call me back as no one is answering.

[Never-In-Doubt]

Re: XX007 - UE Diary - Tomorrow never dies

NW may not deal with you now as it'll be referred to legal. I thought I suggested you call Shoosmiths - not NW (as NW won't talk to you now)!

Its probably too late to deal with NW as they've set their position out by saying they want repaid over 60 months which is £100-£130 per month. I doubt that's doable in which case you may need to let them have the charge and just agree with the court a lower payment - that's really the only way they'll let you pay less indefinitely.

Regardless of of whether you send and I&E in line with CFS - they are entitled to pursue the debt and sadly if you can't pay £100+ per month for the next 5 years they'll push for a CCJ then CO.

I'd be looking at asking planB about the CO and options as that's likely to be the most realistic option. If they have a charge they won't enforce sale but when you do sell they get paid after the existing first charges. That way you may be ok paying a tenner a month or whatever.