Court Papers sent off - Now What?

El_Skinto

Well the gets that they are RBS!!! took legal proceedings.

After speaking to CCCS they helped me fill in the forms. Thats another story - what a palava!! It turns out that after CCCS always telling me not to worry the minute I phone them to tell them about receiving court papers they then say oh scottish law is different and they would need to get someone to call me back from another office as they don't know about this!! But all along its been don't worry. (ok rant over)

Anyway filled the forms out to say we accept and up the payments. Going to take them along to the court tomorrow - dreading it!! Have been meaning to do it for the past week but just can't handle this!!!

So what happens now? RBS have said if we agree to up the payment then they will also accept. Has anyone else been through this - please say yes- this is really getting me down. Cried constantly on the phone to the poor girl at CCCS for days.

Just not sure what to expect now, please help...

El_Skinto

I take it I am the only one going through this.....:eek::eek:

sillyrabbit

Sorry, no experience of this but I am 100% sure there are many others who have gone through it and will be along shortly to advise!

Good luck.

pure_dead_dopey

Sorry El Skinto, no experience of this as we're not at that stage yet (please God it doesn't get to it) but I am watching with interest as we are in Scotland too and am learning fast that we have quite a lot of different rules and laws. Good luck, if you are upping the payments and RBS are agreeing, its looking good, try to be strong and remember they are probably doing this to pay their overdraft!!!!!

RAS

Hi

We are not that well versed in Scottish law, but unless the deadline is today, can you halt taking the papers into court today.

CCCS and payplan always recommend that people admit the case when there may actually be reasons to fight it. Certainly if you were in England, i would not be advising the action you are about to take.

You could pm coolcait as i think she knows Scottish law.

El_Skinto

Thanks for all the replies.

I think the reason for CCCS have said to accept it is as I am in such a state about it and just want it sorted. I would have liked to have upped the payment before it got to this stage but CCCS said no.

I am dreading going in to the court with this but it needs to be done before thursday.

Not sure there is really any other way.

CCCS said they would be in touch with me again as they suggested trying to get this moved over to a DAS but the local money advisor said it was best to stick to the DMP!! CCCS said this is not right but to be honest dont no what way to turn i just want it sorted!! originally we tried to get a DAS but was told to struggle on!!! They knew my wages would be dropping quite a lot but still said to struggle which i knew we couldn't as we didn't even have enough money for our DD.

Should i go to the court today or not?

coolcait

Hiya skinto

It think that 'palava' is the best way to describe the situation you've been put into! [hug]

I've had a look at a couple of your posts, and you seem to be paying a fair bit into your DMP as things stand, so I'm a bit surprised to hear that your local money adviser said that you'd be best to stick to a DMP. [confused]. Do you have an SoA already posted that I could have a look at? (Don't stress yourself by making one up if there's not one already here - you don't need that right now!).

If you don't have an SoA, can you let us know roughly how much your total debt is, and how much you're paying each month? Also, what region are you in, as there might be another money adviser nearby who could help with DAS (if DAS would work for you).

I'm really sorry to be asking you so many questions - especially as I won't see any of your answers until later tonight at the earliest . But they're all important, especially if DAS could be a possibility for you.

A DAS would protect you from this kind of court action. If you could pay off all of your debts in ten years or less, DAS would definitely be an option - and a far better option than a DMP, because of the protection it gives you.

It's probably worth your while calling the DAS helpline on 0845 612 6425 and asking them about DAS money advisers in your area. You could also ask them about putting in an 'intimation'. That just means that you give them formal notice that you want to apply for a DAS. It then gives you six weeks protection from court action (but you can only do that once; after that, you'd gave to wait a year before you could put in another 'intimation').

Your other option would be to hand your papers into the court explaining that you have a debt management plan in place, which treats all your creditors equally. Point out that RBS's court action would give them a preferred status over your other creditors, as they would be getting a greater proportion of your disposable income. Challenge the action on those grounds, and the Sheriff might go for it.

HTH, and good luck!

El_Skinto

Hi coolcait

I have pm you.

Haven't put a SOA but our total debt is £23000 and we are paying £324 a month on our DMP. We started this in August 09. If you really need a SOA i will put one on later.

All the other creditors seem to be ok with this its only been the RBS that we have had problems. We are paying the RBS £83 and they want £130.

We went to the court and put the papers in so will just need to wait and see what they say now.

Not sure if this should be the end of it or not. Can the RBS come back again and want the payment upped again? If they can't do this then i would be happy just to leave the DMP as it is - i think. It's just so confusing - getting told one thing and then another. I will give the DAS helpline a ring.

Thanks for all your help.