Citation for Court

porrahman

Hi, We have been citied to attend court regarding the outstanding loan we have with RBS. We are currently on a DMP through Payplan and have been advised that it will cost £75 ( which we don't have) to contest this.

I have a few questions that i hope someone can kindly answer:
1) Do we have to attend court?

2) Will it go against us for not attending?

3) Am i right in assuming that they can only ask for the amount to be increased and not to have us sell up? ( the loan is unsecured).

Thanks

RAS

Hi

You need to get any case moved to your local court - on the basis that the other one is not convenient, and to attend above everything else.

Please speak to NDL as they are more up to the mark on court things. We have seen several people get in a complete pickle recently with DMPs and Payplan and court cases.

halight

Hi Mate,
Sorry to hear about this. Have you spoken to payplan? And your local cab office?
I dont really know a lot about the courts But what i do know is make sure that you atend the hearing.
Also if you dont have any money to pay the court bills then there might be help to pay them off the gov or somrthing so again speak the cab people. If not then the courts should be willing to let you pay weekley or somthing. I know thay do this fines and tahy let people on the dole pay them at about a £1 a week out of there benafits.
The only advice i can really give you is to speak to as many people whos job it is to know and advise others about thses things...
There are a lot of very good folks on here who will offer there help and advice to you. But please dont just take the peoples advice on here take it yes but get all the advice you can from all the places you can.
Good luck mate and keep us updated

stapeley

Please supply more details please . You need to talk to payplan again . Have you ever requested a copy of your CCA ?

porrahman

PayPlan have advised us not to complete the forms rec'd from RBS solicitors and wait until we have a hearing date. Seeming the £75 is if we wish to contest it.

They have said that the court will agree an amount which may be slightly more or less than we're paying just now. We can't give them what we've not got.We tried to remortgage thru Who's Lending but because we have defaults couldn't get a deal ( this would have wiped out our debt as we have enough equity in our house).

Maybe i should ask RBS to remortgage us as they'd get their money back.

Thanks for the replies.DMP due to finish in 2023 :eek:

RAS

Hi

This is what happened to an OP who did what payplan told them.

http://forums.moneysavingexpert.com/showthread.html?t=1167645

Please speak to NDL http://www.moneysavingexpert.com/loans/debt-help-plan#help

It costs nothing to move the case to your local court and you need to attend.

davek1

Whilst i think in general payplan does a good job. i do become increasingly worried that some of the info that they are giving to clients seems to be inacurate and misleading.

As RAS says i costs nothing to move a case to your local county court, nor does it cost you anything to contest a case. the only cost would be addittional costs on the part of the creditor who would ask the court to add them to the debt and make an order of payment.

What grounds would you contest the debt in the court?

Or do you just mean that you want to fix payments at a lower level?

You MUST MUST MUST complete the paperwork and submit it by the due date will likely result in a judgement being made and the possibility of a charging order being applied for.

Happy to help further if you want as have first hand experience of being in court with debt

Dave

porrahman

Thanks for the replies, I contacted National debt helpline and they said that the info payplan had given was correct. The lady on the phone suggested we consider the Debt Agreement scheme as this would protect us against further threats of court.I have a couple of phone nos for our area and will arrange an appt tomorrow.
Thankfully she also confirmed as the loan was unsecured they cannot force us to sell up.She said that on average these D.A.S clear the outstanding debt within 10yrs.

I will keep you up to date.

Thanks again