Help - Court Papers Recieved

Yummy-mummy

Who would I send the SAR to - RBS or Incasso?

What do I do with the court papers in the meantime?

10past6

You no longer have an account with RBS as they've terminated it, send the letter to Incasso.

Within the court papers, you should have been given a login & password, do you have them?

Yummy-mummy

Yes for https://www.moneyclaim.gov.uk

10past6

Log on there, and ACKNOWLEDGE the claim ONLY.

You don't need to file a defence whilst you acknowledge the claim.

Within 14 days, you'll need to file a defence, you're defence will be an incorrect amount filed by claimant (you've no idea yet what the figure is made up of)

Some points for you, the worse that can happen is a charging order is made final, that means should you sell your property the creditor takes there cut from any equity first.

In a very, very, small % of cases, the creditor has the option to issue a forced sale, this MUST be done through the courts, the chances of them succeding are very tiny, but you need to be aware of it, the claimant will have to have over riding points why they are pursuing a forced sale.

As for Payplan, I'd kep them out of it, it will only complicate matters if they become involved at this stage.

When you deny the claim, the claimant will win by default, it's how the process works, you will receive noticfaction from the land registry that an Interim Charging order has been placed on your property, don't worry, again, it's part of the process.

Is DH home?

Are you both in agreement re fighting this.

The advise I've given is what I would do in your situation, however, whatever you decide has to be your decision at the end of the day.

10past6

I need to reboot.

Yummy-mummy

Thank you so much for all your help and advice.

At the moment I feel like if I don't send the admission in I'm going to end up playing with fire and I'm scared I'm going to get my fingers burnt. But at the same time don't want to roll over and give in if there's a chance I've got a case. At the end of the day we borrowed the money so we will pay it back.

DH is home but waiting for the kids to go to bed before we discuss it.

Thank you once again - you're a star!

YM x

10past6

YM, I'll leave it with you, if you require any futher advise, post here, but please PM me to draw my attention to your thread.

Good luck

louietudor

hi yummy - glad you got some good advise - even though this may be hard to do give youself a break from it - have a glass of wine or a large vodka if thats your tipple - whatever you thoughts you can do no more tonight - a fresh day may give you a fresher out look on it and your mind will be clearer to make the decision

Yummy-mummy

Just a quick question - whether I send in the admission or follow the advice you have kindly provided, won't the outcome at the end be the same for both ie RBS obtain CCJ and then go for a Charging Order?

YM x

10past6

Yummy-mummy wrote: »

Just a quick question - whether I send in the admission or follow the advice you have kindly provided, won't the outcome at the end be the same for both ie RBS obtain CCJ and then go for a Charging Order?

YM x

Once you receive the reply regarding your SAR request, depending what information is contained depends whether you have a case to defend.