Help! Lloyds taking hubby to court

January_Embers

We have a debt management plan with Payplan & Lloyds are getting a regular monthly payment from us via Payplan. Everything seemed to be going along ok when out of nowhere a few weeks ago we received a letter saying they were taking court action against my husband (its his account). Up until this we had no notification that they were going to do this, no warnings/threats of action.
Today the court papers arrived and I am confused as to what to do now. There are some forms for him to fill out and a ton of stuff to read through. I thought Payplan were supposed to stop it getting to this point?

THE_LONE_RANGER_4

im not to sure with reguards to payplan, but if it is what i think lloyds are entitled to take you to court if they so wish. Now dont mess about if you have the court papers fill out what you can afford ie what payplan said or less if you think it is to much put it to the court and they will accept it im sure but make sure you do it all before the due date of court action you dont have to go to court its all done by post .

kar

Try talking to payplan and asking them to explain what's happening. Read the information very carefully. Make sure your SOA is up to date and you are offering each creditor a fair amount. No judge is going to make you pay money you haven't got. Try not to panic too much. You can get through this.

Does it say what court action they are taking? are they setting up a CCJ? I don't know a lot about it but i know there are people on here who do, they will be along any minute now.

I think the most important thing to remember is to be open an honest about your financial problems to everyone you are dealing with. As i said before a judge wont make you pay money you haven't got.

Good luck
kar

Bunnie1982

I agree with Lone Ranger, make sure you fill the papers in and put what you can afford, maybe it would be useful to enclose the statement of affairs from Payplan. Make sure you also contact Payplan and let them know what is happening

May I ask what account they are taking you to court over? (Bank overdraft, loan or credit card)

January_Embers

Thank you all for your advice. Its his bank overdraft that they are going to court over.
Will get him to fill out the forms right away & call Payplan. From what I can see it looks like a CCJ.

Bunnie1982

Thanks January Embers, the reason I was asking about what Lloyds were going to court over is because my fiance is currently going through CCCS with his debts and a Lloyds Overdraft is one of them.

Will definately keep an eye on that one

Donedoingdebt

I had this problem with Lloyds some years back. I was issued with court papers for them to obtain a CCJ. Yes, you must fill in as much as you can on the court forms. At the time, I was making a monthly payment to B&E (Debt management company) & thought that everything was being paid out correctly to my creditors. I phoned Lloyds myself, & after some gnashing of teeth, it turned out that they admitted receiving my payments but they were being paid into the wrong account, so one of my accounts was being overpaid & this account was receiving nothing. I explained this on my court forms & sent evidence & Lloyds agreed to present these facts to the judge. The court was satisfied with this & Lloyds did not proceed with the CCJ application & no costs were awarded against me.