We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Urgent Help Needed
Comments
-
Neither of these options have particular benefits as others have stated previously. It would be interesting to know the dates of the current action. There is a chance that RBS could (if quick enough) get their Charging Order before the Bankruptcy Order. This would secure their debt and therefore make it exempt from the Bankruptcy effectively making the decision irrelevant. I know others have touched on this before but would be interesting to know the details.
There is also the option of admitting the debt upon receipt of the claim form. Whilst some Judges have given a charging order on a Judgment by Admission, the theory is that enforcement action isn't taken whilst you adhere to the terms set by the court (following your offer). If the courts act as they should this could allow you to make an affordable monthly payment whilst weighing up your options. I'm sure others will let me know of experiences to the contrary but theory is a wonderful thing.
Good luck.0 -
Hi date on claim form is 27th October 20080
-
Neither of these options have particular benefits as others have stated previously. It would be interesting to know the dates of the current action. There is a chance that RBS could (if quick enough) get their Charging Order before the Bankruptcy Order. This would secure their debt and therefore make it exempt from the Bankruptcy effectively making the decision irrelevant. I know others have touched on this before but would be interesting to know the details.
There is also the option of admitting the debt upon receipt of the claim form. Whilst some Judges have given a charging order on a Judgment by Admission, the theory is that enforcement action isn't taken whilst you adhere to the terms set by the court (following your offer). If the courts act as they should this could allow you to make an affordable monthly payment whilst weighing up your options. I'm sure others will let me know of experiences to the contrary but theory is a wonderful thing.
Good luck.
I agree that in theory is what should happen, as i have already stated, either in this thread or one of queens otheres, but RBS are one of the more agresive creditors, and as the OP does not have much in the way of an offer of payment there is a high chance that RBS will request a CO and it will be given.
Of course none of us can be sure, but if they have refused an offer of payment already its because it wasnt enough, so they already know getting a CCJ wont increase that offer so to speak, so why else are they getting a CCJ?, RBS has already stated they want a charging order, i know that is used for a bluff on ocasions, but in this case i think it would be stupid to assume they will not try, and as stated due to the low amount available its possible they will get what they want
The OP also has other debt's to service by the way, if you have not read all the OP,s threadsThats it, i am done, Blind-as-a-Bat has left the forum, for good this time, there is no way I can recover this account, as the password was random, and not recorded, and the email used no longer exits, nor can be recovered to recover the account, goodbye all ………….0 -
Queen, if you send those letters i posted last night, today, do not acknowledge the court form yet, and when you do enter it as you fully intend to defend, as you need the info you should get in return for those letters to decide if there is a case to answer, so can not admit nor deny you are in breach of the agreemant, until they prove they have got a valid one to base this court action on.
Just because RBS has sent this to court, does not mean they have the correct paperwork to do so, because if you dont defend they dont need it, so its worth "playing the game" for a bit, if nothing else it will buy you some time;)Thats it, i am done, Blind-as-a-Bat has left the forum, for good this time, there is no way I can recover this account, as the password was random, and not recorded, and the email used no longer exits, nor can be recovered to recover the account, goodbye all ………….0 -
Would I not be better today sending the claim form back admitting that I agree with the claim and make an offer and then go BR 05th Nov which is only next week, or will this be to late0
-
NO! There have been a couple of cases on here where the CO was still given AFTER BR because it was so close, you need to, if thats your discision, go BR before they are even in a position to push it through, so by saying you intend to defend, and requesting the proof to base your defence, you can delay the action by another 14 days after the 14 you are allowed to acnowledge the court form, this should allow plenty of time to get the case stopped after your BR date, which your OR should do, but i personaly would not leave it to them, as thats what happened to other posters, the OR forgot to deal with it:rolleyes:Thats it, i am done, Blind-as-a-Bat has left the forum, for good this time, there is no way I can recover this account, as the password was random, and not recorded, and the email used no longer exits, nor can be recovered to recover the account, goodbye all ………….0
-
If you're definitley going BR on the 5th you do not need to respond now, you can send the forms back on the 6th defending the whole claim with your defence being that you are BR, but to leave it that late you have to be sure you are going BR on the 5th. The letters BAAB has posted above will buy you more time if you're still not 100% sure.Accept your past without regret, handle your present with confidence and face your future without fear0
-
but it's onlt next weds, if I don't return the claim form until after the weekend surely there won't be enough time to deal with this, this is the first info from the court0
-
There is always a chance the RBS do not have a valid CCA for this loan as well, which means the courts may not be able to enforce it, but may be a long shot, but would be intresting to find out;)Thats it, i am done, Blind-as-a-Bat has left the forum, for good this time, there is no way I can recover this account, as the password was random, and not recorded, and the email used no longer exits, nor can be recovered to recover the account, goodbye all ………….0
-
but it's onlt next weds, if I don't return the claim form until after the weekend surely there won't be enough time to deal with this, this is the first info from the court
you have plenty of time, you can acknowledge it on-line through Mcol, say on day 13 from the date on the court papers, and it will go through.
If you acknowledge it now, it is possible judgement may be passed before your BR date, slim chance granted, but but it would be safer to not give them any chanceThats it, i am done, Blind-as-a-Bat has left the forum, for good this time, there is no way I can recover this account, as the password was random, and not recorded, and the email used no longer exits, nor can be recovered to recover the account, goodbye all ………….0
This discussion has been closed.
Confirm your email address to Create Threads and Reply

Categories
- All Categories
- 352.1K Banking & Borrowing
- 253.5K Reduce Debt & Boost Income
- 454.2K Spending & Discounts
- 245.1K Work, Benefits & Business
- 600.7K Mortgages, Homes & Bills
- 177.5K Life & Family
- 258.9K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.2K Discuss & Feedback
- 37.6K Read-Only Boards