Urgent Advice needed for court case please

[NS7589]

Re: Urgent Advice needed for court case please

Thanks Paul that is really helpful. i'm thinking I may just accept their claim and negotiate a F+F, after all its less than 1.5k!

[paulb2905]

Re: Urgent Advice needed for court case please

NS its all about weighing up the pros and cons

For me my total debts are circa £60k.

MBNA has been complete b*stards in regard to this debt so if i win my case great! If i loose i intend to appeal, the worst that can happen is that i loose and they are awarded costs, at that point they will have no option but to force me into bankruptcy. So yes i loose my house, but I have saved the cost of bankruptcy (which i cant afford anyway) and wiped my debts out completely.

On a commercial basis i reckon MBNA will get approx 1-2p in the £1 of their share after insolvency practicioners costs are deducted, so maybe £1500 BUT will have spent approx £5k in legal costs so will nett -£3.5k.

All i wanted originally was time to sort my health out, get back on my feet and into work and to pay my debts off.........................

[NS7589]

Re: Urgent Advice needed for court case please

I'm with you 100% on that.

My debts are in excess of £100,000, so I'm content to let the DMP run its course as long as I can. The n'wide debt of £1.5k is small beer and even if they get a ccj/co its not the end of the world. Where I end up with the rest................

The worst thing about it is feeling you're the only one in this situation (especially at night!) - its such a lonely place to be. So sites like this are a real support and a great comfort.

All the best
N
------------------------------- merged -------------------------------
.......And I also have a debt with MBN$ - £13k. They sold it on eventually, but I have to say they are the worst of the worst in my experience.

[NS7589]

Re: Urgent Advice needed for court case please

Decided in the end to submit amended defence asking the court to order N'wide to accept DMP payments. All in all the approach I'm most comfortable with!

Thanks again to all who have offered advice and suggestions, particularly Amethyst. I'm so glad I discovered the site and look forward to many postings to come. Hopefully I can be of help to others eventually.

[NS7589]

Re: Urgent Advice needed for court case please

Have been looking at the extremely useful threads re re-claiming charges. This set me thinking, whilst I'm awaiting court response, should I be commencing a claim for unfair charges, or have I left it too late?

[Amethyst]

Re: Urgent Advice needed for court case please

Did we not include a defence para about the unfair charges?

Nationwide aside, what about all your other debts, theres a few cards and loans on there will have unfair charges and possibly PPI elements to them ?

[NS7589]

Re: Urgent Advice needed for court case please

Ah yes - I'd forgotten:tinysmile_hmm_t2:

I've never got as far as claiming charges etc, as it appears complicated and I've been preoccupied with dealing with all the debts lol. Anyway enough of the excuses - I'm sure there's a few lurking here and there that I can claim.

i've had a look at the spreadsheet which does the calculations, and starting to read the guidance. When I've got my head round it will start threads for each one.

Thanks
N

[middenmess]

Re: Urgent Advice needed for court case please

I've never got as far as claiming charges etc, as it appears complicated

Read more at: Urgent Advice needed for court case please - Page 3 - Legal Beagles Consumer Forum

Compared with defending a POC, reclaiming charges is a doodle!

[NS7589]

Re: Urgent Advice needed for court case please

I have now received a court notice allocating the case to the small claims track for hearing on 24th Jan - notice attached. So at least they didn't get the summary judgement they were after!

Any advice as to further action much appreciated.
Thnx
N

[NS7589]

Re: Urgent Advice needed for court case please

Update:
Over Xmas received various correspondence (attached).
Nationwide have informed me that they have ditched Eversheds and are being represented by their own in-house sol. I deduce from that that they are no longer confident of getting costs awarded at the hearing on the 24th? Anyone else have experience of this happening? And is it a sign that they are also not so confident now of even winning the case, or is that just my wishful thinking?

They've also written telling me that my Payplan payment is not good enough and leaving the door open for a higher monthly payment to be agreed before the hearing. I can't really afford more, but then don't want to risk ccj/co etc if it can be avoided.

Any advice gratefully received thanks.

N

[NS7589]

Re: Urgent Advice needed for court case please

I would really appreciate one piece of advice please from anyone in the know.
I'm thinking of contacting the other side to offer £20 per month in settlement. I've tried to find other similar cases and it seems that though the creditor may accept the offer, they will insist on seeing through the court hearing to still obtain a ccj or even CO. If that is the case I see little point in making an offer in the first place, and may as well just stick with the £2 I'm currently paying, as £20 a month is very difficult anyway.

If I contact them to make an offer of increased payment, how do I approach it - do I negotiate on the basis of "I'll pay £20 if you drop the case" or what?

Sorry if I sound a bit dense about it but not been here before!

Thanks for your time.

[toomanycalls]

Re: Urgent Advice needed for court case please

First post here but I have something similar going on with Nationwide and wondered how you got on?