Worried: Has anyone had to go to court re: loan payments?

smudgemanc26 · 11 June 2007 at 12:30PM

Hi

Im quite new to this site so apologies if I have posted this in the wrong section, however i have read the DFW board for a while and i know there are quite a few people on here that know what they are talking about and are helpful.

I am currently in a dilemma after missing a few payments max 5 on a loan i took out with ocean finance (GE money) they have wrote to me saying that i am being taken to court. I am currently receiving advice off the CAB with regards to making payments for my debts for credit cards and they have been in contact with GE money regarding this situation.

I have been given a time and date to attend court for a hearing. After speaking with my advisor from the CAB he has clarified with them that it is not a repossession hearing as first thought but a hearing before a judge to work out a payment plan for my missed payments. A figure has been agreed however they still want to continue with court action!

I have never been to court before and feel like a criminal - will i have to stand in a dock and speak before people in court? Do i have to say anything?

Hopefully i will be in a position to pay off all the loan if i get my voluntary severance payment from work which is looking pretty positive. I have informed them of this however they still want to go ahead with proceedings.

I am really really worried about this but have been assured that a CCJ wont go against my name and my home is not under threat but as no one knows about this i am worrying by myself.

Any help or advice would be really appreciated. Thanks Jen

itsarichmansworld · 11 June 2007 at 12:48PM

I havent been to court To be honest but just wanted to gove to moral support

someone will be along soon with the info you need

smudgemanc26 · 11 June 2007 at 12:57PM

itsarichmansworld wrote: »

I havent been to court To be honest but just wanted to gove to moral support

someone will be along soon with the info you need

Thanks for that i do hope someone can help as i am v worried about this.

alwaysonthego_2 · 11 June 2007 at 1:00PM

Hi, you say you have worked out a payment plan that you can reasonably afford, I really wouldn't let it stress you out, the judge will look at what you can afford to pay and make a judgement. If you have sorted out a figure then the judge may wonder why it has come to court and possibly throw it out? I am not sure what the court is like but you won't be stood in front of a jury, I would imagine it would be held round a table, but I may be wrong.

smudgemanc26 · 11 June 2007 at 1:06PM

alwaysonthego wrote: »

Hi, you say you have worked out a payment plan that you can reasonably afford, I really wouldn't let it stress you out, the judge will look at what you can afford to pay and make a judgement. If you have sorted out a figure then the judge may wonder why it has come to court and possibly throw it out? I am not sure what the court is like but you won't be stood in front of a jury, I would imagine it would be held round a table, but I may be wrong.

Thanks for that. Yeah a payment plan has been worked out its only about £20more than what i pay because i fell behind for the total of just approx £600 which doesnt seem that much to go to court for! I cant believe they are taking it further.

Another thing is who has to pay the court costs? Its seems silly and unreasonable if i have to pay them as what would be the point piling on extra debt for the sake of this hearing when i have agreed to pay them back?!

amani_2 · 11 June 2007 at 1:21PM

hi, yes you will be sat at a table across from the judge. dont worry its not scary.

smudgemanc26 · 11 June 2007 at 1:25PM

amani wrote: »

hi, yes you will be sat at a table across from the judge. dont worry its not scary.

Thank you. If you dont mind me asking what is it that you had to say? I feel really bad about being in this situation as it is and will probably brake down in tears. One thing i dont want is to be interogated and made to feel like an idiot.

Leixlip1 · 11 June 2007 at 2:34PM

Yes the hearing will probably be "in chambers" i.e. the Judges office and will not be formal though you will have to swear an oath. Stick to the facts i.e. what you can afford to pay and why etc and your dealings with Ocean/GE. The Court is there to protect your interests as much as Ocean/GE and must do what is "reasonable".
Good luck!

smudgemanc26 · 11 June 2007 at 2:41PM

Leixlip1 wrote: »

Yes the hearing will probably be "in chambers" i.e. the Judges office and will not be formal though you will have to swear an oath. Stick to the facts i.e. what you can afford to pay and why etc and your dealings with Ocean/GE. The Court is there to protect your interests as much as Ocean/GE and must do what is "reasonable".
Good luck!

Thanks i have my advisor from the CAB coming with me so wont have to face it on my own. He has all the information and has been negotiating with them on my behalf so hopefully i wont have to many tricky questions thrown at me.

I just dont get why i still have to go now a payment plan has been worked out! :mad:

Jarvisma · 11 June 2007 at 2:51PM

If it is a county court, then I know exactly what it will be like, I went to one on last Wednesday morning!

It's not at all as scary as I thought. You go into the judge's chambers which as someone has said, is just his office!

In my case the opposition didn't bother to turn up so it was just me and him. He wasn't a scary judge as I imagined, he looked a bit like a bank manager, mid 50's in a suit.

Everything is recorded so remember that, and I would say just speak when you're spoken to. My case was a little different to yours, it was rent arrears which I was firstly disputing part of and also asking to be able to repay the rest in smaller amounts than the opposition had said they were willing to accept.

He basically summed up the judgment for the purposes of the tape. He asked, it says here you are disputing £xxx for the reason of xxxxxx. Is that correct? (to which I answered yes that's correct) He asked do you have any paperwork to support that? Which I did and passed it over. His response was simply 'well that looks staright forward enough to me' then he said 'you have also asked to be able to pay the remainder at £xx per month, is that correct? I said yes and explained I had done a budget sheet and it really was all I could afford. He lloked at the budget sheet and said 'oh yes you have got quite alot going out haven't you, well looking at this that seems a fair amount'

And that was it! I was in there for all of about 10 mins and he simply said I would get a write up in the post and asked when I could make my first payment - this was perfect as I was dreading him saying I had to make the first payment straight away as I'm already pretty much poor this month! - so I asked if 1st July was ok and he said fine no problem.

I walked out very relieved!

Good luck and don't worry too much. Just be polite and take any paperwork you think you might need (including a budget sheet)

Jarvisma · 11 June 2007 at 2:51PM

Oh, and I didn't have to swear any oaths!

Worried: Has anyone had to go to court re: loan payments?

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