Nemo Finance - Urgent help needed

[mmk]

I am new to this site and am hoping someone may be able to help.

In 2005 approx myself and my partner took out a secured loan with Nemo. In 2006 things happened and as a consequence we lost our home in 2007. GE Money were the mortgage lenders and they sold my house under market value for just enough to cover their own amount. this meant that there was nothing left for Nemo who were the second charge.

At that time and for some time after I was unable to deal with anything and moved from one rented place to another. Nemo did eventually make contact a couple of years after by which time they informed me that they had taken me to court (something I knew absolutely nothing about). I told them that I disputed what I owed them and I was going to try and get the CCJ overturned as I hadnt been told. Then basically I did nothing, I was going through depression and was not strong enough mentally to deal with any legal proceedings so I just left it and heard nothing more from them until now!

I have moved around quite a lot but have been at my current address a couple of years.

They have tracked me down and are saying that they have been trying to contact me and I must contact them by a certain date to discuss how I am going to pay back this debt, which has now escalated out of control. If I dont contact them they will send one of their agents out and charge me for the priviledge.

I dont know what to do now.

I would really appreciate some advice.

Many thanks
MMK

[charitynjw]

Re: Nemo Finance - Urgent help needed

Hi mmk, & welcome to Legal Beagles.

Did you try to get the CCJ set aside at a later date?

It sounds like there is a DCA (Debt Collection Agency) phishing for info.
Best not to encourage them by replying, at least 'till you are ready, if at all!

Have you considered reclaiming PPI?

Have you kept the original documentation?
( If not, you can SAR the original creditor)

[FlamingParrot]

Re: Nemo Finance - Urgent help needed

At that time and for some time after I was unable to deal with anything and moved from one rented place to another. Nemo did eventually make contact a couple of years after by which time they informed me that they had taken me to court (something I knew absolutely nothing about). I told them that I disputed what I owed them and I was going to try and get the CCJ overturned as I hadnt been told. Then basically I did nothing, I was going through depression and was not strong enough mentally to deal with any legal proceedings so I just left it and heard nothing more from them until now!

You can apply for set aside on the grounds that you didn't receive the court papers. You need an N244 and a fee is payable, however, you will need to show the court that:

• you had informed the creditor of your new address, and
• you would have a good prospect of defending the claim if it was set aside, otherwise they could re-issue and you'd be back to square one

See this for reference: http://www.nationaldebtline.co.uk/en...e_county_court

I have moved around quite a lot but have been at my current address a couple of years.

As above, did the creditor have your address at the time they got the default judgment?

They have tracked me down and are saying that they have been trying to contact me and I must contact them by a certain date to discuss how I am going to pay back this debt, which has now escalated out of control. If I dont contact them they will send one of their agents out and charge me for the priviledge.

Are you sure they actually have a CCJ? :confused2: You can find out by searching the public record: http://www.trustonline.org.uk/search-yourself

Because if they did, they would be seeking enforcement through the courts, rather than sending someone round to discuss things with you. :noidea: If there is no CCJ and they are saying there is, they would be in breach of OFT Guidance. I'd say your first step should be to make sure there is a CCJ. :thumb: