I have been in a payment plan with Coyle White Devine for a few years now and they have accepted the payment but hey have not shown an update statement. Today I received a letter from them saying they have seen I am named on a property with my mother and unless I changed the payment plan they will be going to court to claim my mothers home and costs to pay them back. in addition though at the same I am being contacted by RAK BANK direct for a settlement plan and payment option so I do not know who is actually got the debt as all this time, I have been paying Coyle White Devine and yet still being chased directly?
what are my options and who should I be replying to? CWD or RAKBANK?
Can they enforce in court from 2011 and then take my mother’s house?
I understand your concerns and questions, and you seem to be doing all the right things, so good for you!
If I can ask a few questions:
How much in total do you owe?
How much are you paying CWD each month, and how long have you been paying them? When did you enter into an agreement for the payments?
How much more are they asking you to pay each month? Can you afford this?
How are you listed on your mother’s house, on the land registry, as an actual owner, or some form of estate planning? Why and when were you added?
To try and answer your question as to whom you should be paying, I am going to work off the assumption CWD are agents for the RAK Bank, and as such, they do not own the account but are collecting it.
You can speak to the bank directly, but they may be harder to deal with than CWD, the bank may demand full payment immediately, with no payment options. If the bank is offering a settlement or a payment plan, what are they offering? Can you afford to settle the account or afford their payments?
If so, the bank could pull the account back from CWD, but I am thinking they may not do this.
The bank has no real authority here in the UK, CWD do have authority here in the UK, but they need to abide by UK collection rules, laws, and practices. Which also affords you the UK’s insolvency and debt management options.
If you are on your mother’s house, CWD may be making a hollow threat about “claiming” your mother’s house, but we need to work off the possibility they may follow through.
If you are on the property, and CWD do seek a CCJ against you, you can go to the court, show you have set-up a repayment plan for the account, show you are paying what you can afford and making the payments.
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The court may still issue a CCJ, but with the understanding as long as you continue your agreed payments, there will be no further action against you.
CWD would need to obtain an Enforcement Order after the CCJ, and get a Charging Order to be placed against the property. I cannot say as to if the courts would grant this or not, but if CWD were to get a Charging Order, there is little they could do with it. The order would sit against the property until it is sold. The courts rarely, and I mean rarely, push people out of their homes making them homeless for a debt; and I might add especially one that originated outside the UK.
I know this information may not be settling, but there is no way to predict what CWD may or may not do. And if you cannot afford to pay higher payments, or settle the account, it may be a wait and see stance to take for now.
Get back to me in the comments below and we can look further into this.