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  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    10,000 Posts Combo Breaker
    edited 9 December 2009 at 5:44PM
    Remember, court action should be the last resort. Even the courts state this in their own literature:
    The court will expect you to have acted reasonably, such as by exchanging information and relevant documents about the dispute and to generally try to avoid the need for making a claim. For example, if you are owed money, you could write a letter to the person who owes it. Say how much they owe and what it is for, and what steps you have already taken to recover the money. Include a warning that you will issue a county court claim if they do not pay by the date you give.
    http://www.hmcourts-service.gov.uk/courtfinder/forms/ex301.pdf


    If you already are in receipt of such letter, it appears you have probably already ignored the attempts the creditor has made to secure payment. Ultimately, everyone's patience breaks at some point.

    Edit:
    You can't lose your home over debts unless that debt was secured on your home.
    However, a charging order may be put on your property by the court if you fail to settle a CCJ... but they still can't force you to sell, just pay up when you do sell (assuming it raises sufficient funds).
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
  • djnl
    djnl Posts: 5 Forumite
    edited 9 December 2009 at 5:54PM
    If you already are in receipt of such letter, it appears you have probably already ignored the attempts the creditor has made to secure payment. Ultimately, everyone's patience breaks at some point.

    Please note; we have not ignored attempts for them to secure payment. The amount was/is in dispute inline with the OFT's (now failed) attempt to judge the fairness of charges.

    As the full ~£2250 is ALL charges - are they creditors? hmmm I would say no. As soon as the SC ruling threw out the OFT's test case they have (Lloyds TSB) have pounced and we are genuinely scared for our immediate financial future/security of our home.
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    10,000 Posts Combo Breaker
    Are the bank owed £2250? If so they are creditors.

    If not, let them take you to court - you're bound to win ;)
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
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