Claimform Nationwide/Shoe's - new creditcard 'debt'

[blondehoney27]

Hi everyone,

 

I am under a DMP with hubby, have been since Jan 2014. We owe £42,000 and pay £240 per month.

 

Hubby works full time, earning 1650 after tax.

 

 

At the moment I do not work as I lost my job a few months ago.

I am expecting our second child in May 2015 and we have a 5 year old.

 

This morning I got a claim form from the solicitors representing Nationwide.

We owe them £3838 inc court fee.

We have been paying them under the DMP,

so I have completed the admission form with an offer of just under £18 per month.

 

It is my belief they will go for a charging order as they have mentioned this previously.

We bought the house for 118k and our mortgage is currently 106k. No other secured debts.

 

I am terrified that hubby will have to go to court!

 

In total we owe nationwide just under 10k across a few accounts, but this is the 'big one' and the rest they have accepted the payment plan.

 

If they have now taken legal action, does this mean they obviously do not accept the £18?

In which case what will happen?

Will the judge order us to pay the whole lot?

Will we have to go to court? (the debt is hubby's name only, as is the house)

 

I am sat here scared of hubby needing to go to court, and losing our home, bailiffs etc...

[citizenB]

So you have been making payments via a DMP so it looks as though the only reason they have issued this claim is to obtain a charging order - thereby prioritising their debt over others.

 

Can you read the link below. Copy and paste the first post back into this thread and answer the questions so that we can advise you further.

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?170-Financial-Legal-Issues

[dx100uk]

whos the dmp with?

not fee paying I hope?

 

 

dx

[dx100uk]

i wouldn't be admitting that debt yet on the form!

[blondehoney27]

thank you,

 

Name of the Claimant ? nationwide via shoosmiths llp

 

Date of issue – 22 oct 2014

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - 24 nov 2014

 

 

What is the claim for – the reason they have issued the claim?

Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

 

 

'The claimant C agreed to issue the defendant D a credit card numbered xxxxxxxx

subject to the C's Standard Credit Card Conditions (the Agreement).

The Agreement was regulated by the Consumer Credit Act 1974.

By Clause 15 of the agreement, C was entitled to close D'saccount, giving reasonable notice before doing so.

If the account is closed, D must repay everything owed to C under the Agreement.

C has closed D's account.

Demand was made on D on 22.02.2014 and a balance remains owing to C.

The last payment made to the account by D was £19.71 on 22.08.2014.

C has complied, as far as is necessary, with the pre-action conduct practice direction.

 

What is the value of the claim? £3838.37

 

Is the claim for a current or credit/loan account or mobile phone account? No, account was cancelled as above.

 

When did you enter into the original agreement before or after 2007? After. Approx 2013.

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Assigned by Shoosmiths LLP, on behalf of Nationwide

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

 

Did you receive a Default Notice from the original creditor? Yes

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes

 

Why did you cease payments:- My debt spiralled out of control and I could no longer afford them

 

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan?

Yes, we have been under a joint DMP since Jan 2014. Prior to this I wrote to all creditors informing them I was entering into a DMP.

[blondehoney27]

the DMP is with stepchange - dx100uk, why not?

[dx100uk]

lets get all the info first.

[dx100uk]

ouch, so you took this card out in 2013?

is that how the PoC reads..exactly..?

[blondehoney27]

yes that's correct

[citizenB]

They might apply for a charging order on the property, but as I understand it, it is unlikely that they will force a sale especially as there is a small child involved.

 

What they are doing is securing their debt and making themselves a priority above all your other debts.

 

You will almost certainly have to enter into an instalment plan with them and the CO will remain until the debt is repaid. Will try and find someone who can help.

[Ganymede]

Blondehoney27, have you actually sent the admission form with your £18 offer yet? This will give you an automatic CCJ so think carefully about doing this.

 

Is the claim form in your husband's name only?

[blondehoney27]

hi, no i havent sent it back yet.

 

The form and debt is in husband's name only, as is the house.

 

The other nationwide debts (not on this form) are some his, some mine

[citizenB]

 

The last payment made to the account by D was £19.71 on

22.08.2014.

 

So did you or Stepchange miss a payment then ?