Urgent Help Needed

lionlegal

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.

Queen

Hi date on claim form is 27th October 2008

blind-as-a-bat_2

lionlegal wrote: »

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 threads

blind-as-a-bat_2

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;)

Queen

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 late

blind-as-a-bat_2

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:

peachyprice

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.

Queen

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

blind-as-a-bat_2

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;)

blind-as-a-bat_2

Queen wrote: »

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 chance