Would someone kindly help me with the following problem; Payments on a credit card are falling into arrears. A jointly held mortgage is also held with the same comapny - The Nationwide Building Society. The debt collection agency which is owned by the Nationwide wrote on xmas eve threatening that if the terms of a county court judgement - which they have yet to obtain - are not kept, they will obtain one of the following;

A Statutory demand for my personal bankruptcy

A warrant of execution by bailiffs seeking to obtain personal property

An application for a charging order ''on any property that you own''

Payments on the mortgage are fully up to date and are not in arrears; can they obtain a charging order on the property in respect of this unsecured debt? The property is in joint names. The second person whoes name is on the deeds and on the mortgage is not named or involved in connection with the credit card debt.

What can The B/Soc actually legally and reasonably carry out from the above threatened options and what are my options - if any - to try to stop them getting/doing any of the above.......

Many thanks

Regards,

Hi --- Initially before the Nationwide can do anything they have to obtain that CCJ against you by going through the due legal process, of which you have the right to either make a satisfactory arrangement to pay within one month to stop this going on your credit record for 6 years, or dispute / defend the case. What you have been sent is a standard letter that could be applicable after a judgement is made against you, if you do not adhere to the terms of any CCJ made against you and have to face further action, for not complying with the terms of that original order.

They will not apply at this early stage to either send in bailiffs, apply for your personal bankruptcy or try to register a charge against your property, neither would the court permit this so early on. If you fail to come to an agreement or fail to keep up to an arrangement or any order made at the initial court hearing, then your creditors can apply at a later day for an enforcement order by the courts on the grounds that you have failed to honour that initial judgement. If you are unable to pay the amount specified then you should ask the courts to "vary" the order by completing a form N245, obtainable from the court.

It is at this time when the courts have the power and discretion to consider which action is the most appropriate against you, after taking account both sides of the case, however they do have the discretion to order any of the above sanctions depending on your circumstances and which action is applied for by the creditor.

I enclose an article from UK insolvency helpline, you can call them free for advice which I strongly urge, or see an advisor at your local CAB if you are struggling to settle or come to an agreement, before it goes in front of a court.

http://www.insolvencyhelpline.co.uk/legal_issues_

explained/county_court_judgements.htm

May i thank you for your very kind assistance in the form of your immense knowledge and helpful advice.

The B/soc want the whole balance paid off/cleared. This is impossible - what would actually happen if i was unable/failed to respond to a ccj action ? Could they proceed in my absence ?

i hope it is not presumptious to assume that you are an expert in legal matters? if so could i ask for your guidance in relation to another matter ?

begging upon the generousity of your kind patience once more; many many thanks

kindest regards,

You're welcome.

The B/soc want the whole balance paid off/cleared. This is impossible - what would actually happen if i was unable/failed to respond to a ccj action ? Could they proceed in my absence ?

They could go ahead whether you respond or not unless you come to a prior agreement with your creditors, but you will be notified by the court of any intended action. If you are unable to pay the amount specified or reach an agreement with the creditor to avoid the courts, then you should ask the courts to "vary" the order by completing a form N245, obtainable from the court which will still result in them making an order, but one that you at least can afford.

i hope it is not presumptious to assume that you are an expert in legal matters? if so could i ask for your guidance in relation to another matter ?

Ahem ----Lets just say I have enough personal experience with the law. !!

I will help you if I am possibly able to..... if I can't help then I would tell you so.

If you make an offer of repayment they will go for it, if you attended court and were offering to pay no judge would issue any warrant or charge. Make sure you write to the company by recorded del offering repayment, try to avoid phone. ** FIRST BIG RULE WRITE AND SEND RECORDED **

PLEASE ACCEPT MY PROFUSE APOLOGIES FOR THE PROLONGED DELAY IN RESPONDING TO YOU WITH MY THANKS TO YOU FOR YOUR VERY KIND ADVICE.

REGARDS,