What happens at court?

klare_2

Our letters from Lloyds have recently started to turn rather nasty and I fear we are heading towards a court appearance. Despite the fact that we are with the CCCS they have continued to completely ignore the statements that the CCCS have sent and the proposals. Of all our creditors they are the only ones who we now owe more to that when we joined the CCCS 18n months ago due to the fact that lloyds have done everything they can to be ... well i cant even think of the word to describe it, but at no point have they done anything to help, support or meet us somewhere in the middle so that we can repay this money.
So , my question is this, if we said to them, stuff it! take us to court, what happens?
Do we get the opportunity to say to the judge this is what the CCCS has done and this is how they have continually responded... we have tried and at no point have they acted as a responsible lender? Or will it be a case of , well fill in this paperwork and then the judge decides automatically with much consultation with us personally.

I am so angry at them , Lloyds that is. It makes it even worse when I think back because when they phoned us to offer my other half a loan, they actually said, we can see that you are struggling financially, a loan would help you out, how much do you need? ... if they could see we were struggling why on erth did they offer us what ever amount of money we needed?
I know my other half shouldnt have taken it, unfortunately he was well into his depression and I was on the verge of a nervous brekdown trying to cope with him and a new born and a two year old!
It wasnt happy time! Still, on the whole things are somewhat better now but adivce would be appreciated on this one.
Sorry its a bit waffley!

klare_2

:whistle: apologies for giving this a bump but i am feeling sick about whrn OH comes home and finds this letter. would really appreciate some feedback.
forgive me

whatatwit

sorry Klare, I don't know about the workings of a court.
Have you been making the payment suggested by CCCS, even though LLoyds didn't agree?

in-trouble_3

sorry to hear that lloyds are being a pain, i cant give any advice, we owe lloyds on the credit card and loan, i thought they where a good bank until recently and hubby has just relised that also, the charges are horrendous even if you go £5 over your overdraft.

hope someone can help you out.

klare_2

yes we havent missed a payment since we joined the cccs and they have ensured they have all gone to lloyds ... they are just being totally unreasonable. I tell you ,,,if I had one wish!!!! ggggggggggrrrrrrrrrrrrr ....
stupid thing is if they continue with this OH will slip back into depression and not be able to work, we have no equity in the house so that cant have that and they will end up getting nothing?
someone tell me the sense in that?

fatbelly

Lloyds have a standard series of letters that seems interminable. it really looks like you're not getting anywhere. Then suddenly they pass it to Brighton and the offer is accepted. I work for CAB and usually find this happens after 6-9 months, but I've had this discussion with someone who works for CCCS and they say it takes much longer for them.

LTSB rarely take court action. If they were to start a court claim you'd just complete the paperwork and make the same offer that you are doing through CCCS. It's all done on paper.

So just hang on in there and i think you'll be OK.

gettingitsorted

it is my understanding that if lloyds were to take you to court then as you are on a dmp and paying every month then the judge would not over rule the dmp payments as the courts would see that you are already paying the maximum you can afford.

chuckles1066

klare wrote:

Our letters from Lloyds have recently started to turn rather nasty and I fear we are heading towards a court appearance. Despite the fact that we are with the CCCS they have continued to completely ignore the statements that the CCCS have sent and the proposals. Of all our creditors they are the only ones who we now owe more to that when we joined the CCCS 18n months ago due to the fact that lloyds have done everything they can to be ... well i cant even think of the word to describe it, but at no point have they done anything to help, support or meet us somewhere in the middle so that we can repay this money.
So , my question is this, if we said to them, stuff it! take us to court, what happens?
Do we get the opportunity to say to the judge this is what the CCCS has done and this is how they have continually responded... we have tried and at no point have they acted as a responsible lender? Or will it be a case of , well fill in this paperwork and then the judge decides automatically with much consultation with us personally.

I am so angry at them , Lloyds that is. It makes it even worse when I think back because when they phoned us to offer my other half a loan, they actually said, we can see that you are struggling financially, a loan would help you out, how much do you need? ... if they could see we were struggling why on erth did they offer us what ever amount of money we needed?
I know my other half shouldnt have taken it, unfortunately he was well into his depression and I was on the verge of a nervous brekdown trying to cope with him and a new born and a two year old!
It wasnt happy time! Still, on the whole things are somewhat better now but adivce would be appreciated on this one.
Sorry its a bit waffley!

How much is the debt you're being pursued for?

If it goes via the Small Claims Track then it's all very informal. However, the presiding Judge will have to make a decision based on the facts.

klare_2

its for £17000 now, was £16000 originally but thanks to them playing 'pass the debt from dept to dept' its increased by this much ... unfortunately all interest not late payment charges! so we cant claim those back.
lord I feel so sick, my IBS is back and ive had a head ache for a week now.
Maybe if I just send them a pint of blood now, it would save them have to put me through any more hassle to get it!!

chuckles1066

klare wrote:

its for £17000 now, was £16000 originally but thanks to them playing 'pass the debt from dept to dept' its increased by this much ... unfortunately all interest not late payment charges! so we cant claim those back.
lord I feel so sick, my IBS is back and ive had a head ache for a week now.
Maybe if I just send them a pint of blood now, it would save them have to put me through any more hassle to get it!!

Ah, too much for the Small Claims Track unfortunately.

It will help your case enormously if you are seen to be proactive; write to them offering some sort of repayment plan.

fatbelly

klare wrote:

yes we havent missed a payment since we joined the cccs and they have ensured they have all gone to lloyds

I wonder if that's why CCCS have more trouble with LTSB than the CAB does?

We don't make any payment until the offer has been agreed and interest and charges have been frozen.

From LTSB point of view they are getting your money and still applying interest. They're happy with that.

Ask CCCS if they are prepared for this to go on for ever. However, this will require an ultimatum from them. And the prospect of a CCJ becomes more likely, but I feel it's a better option than continuing as you are.