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What happens at court?

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  • klare_2
    klare_2 Posts: 281 Forumite
    fatbelly wrote:
    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.

    yes you are proberbly right about the CCJ but the thought of it just makes me feel sick. If we can just hang on in there until the boys are both at full time school in 18 months or so we will be able to throw a better amount at the debt but until then we are stuck.
    ah well,,, i know it could be worse.
    we have written a letter for lloyds, quoting the dates ( 5 occassions in the last 3 months) when the CCCS have sent our SOA and creditors plan, and its going y special delivery tomorow morning.
    Fingers crossed we will see something resolved.
    thankyou for all your comments
    :EasterBun ...what more do I need to say?!
    its all in the name of medical science.
  • chevalier
    chevalier Posts: 7,937 Forumite
    Part of the Furniture Combo Breaker
    klare wrote:
    If we can just hang on in there until the boys are both at full time school in 18 months or so we will be able to throw a better amount at the debt but until then we are stuck.
    I am assuming perhaps wrongly that the boys are in nursery? If they are then are you claiming your 5 free sessions a week courtesy of the government?

    If they are not at nursery, then please ignore!
    chev
    I want a job that is less than an hour driving away from my house! Are you listening universe?
  • I have recently had a court order through the post from Lloyds TSB. W e are dealing with our debts with the help of the CAB. They filled out thre forms and sent them back to us to be signed and posted to the courts.
    We recieved the letter confirming this morning form the courts that we only pay £4 per month for a £5000 debt.
    I'm sure the CCCS are doing all they can and Lloyds are just being pains.
    Hang on in there and you will be able to see the light at the end of the tunnel.


    apologies for the awful spelling...have had one to many glasses of wine!!! £3.99 a box Country Manor!!!
    Made it - 15 years married!! Finally!! xx:beer:
  • Sorry to come in to this a bit late but to the OP - Let them do it!

    OH had a similar situation (not with Lloyds) a few years back and like you we had tried everything - so someone said to us "let the Judge decide" as they do not like these big organisations bullying the likes of you and me. So we did that and defended the action - no question that we owed the money, just basically objected to their tactics - and Judge was on our side from the start, was very fair, froze the interest, called them greedy and actually halved the offer we made. It was a weight off, I can tell you, no more phone calls / letters etc - set up a SO and it goes out every month.

    A CCJ is not the end of the world...... but it can be the start of a new one.

    HTH, Stella xx
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    Hi Klare - just read your thread. I can tell you, from personal experience, that LTSB, and their associated companies like Black Horse, are well known for this type of harassment to their debtors :mad: :mad: I suppose they feel that they will, eventually, wear you down and get you to commit to paying more than you can afford. :mad: :mad: Why they do this is anybody's guess because they MUST realise that anyone dealing through CCCS is serious about their debts, and that they have taken professional advice as to how much they can afford to pay. I often wonder what these people do for 'fun'.
    My advice is twofold:
    1. Pass all letters to CCCS, and ask them to talk to LTSB.
    2. In the unlikely event that LTSB do issue a court summons - GO TO THE COURT - if LTSB issue a summons via the bulk handling court (usually Northampton) you have the right to request that the hearing be transferred to a court nearer your home, and you have the right to attend the hearing.
    At the hearing, you should tell the judge that you are dealing with your debts through CCCS, you should tell him/her what you are paying and that that is ALL you can afford to pay. You should also tell him about the LTSB harassment, showing letters and details of phone calls etc. The judge will make a judgement on what you should pay - he/she will not, based on the information you provide, ask you to pay any more than you can afford and it is even possible that the judge could actually reduce your payments.
    Do not, as is often the case, allow any representative of LTSB who may attend the court, try to tempt you with a pre-hearing offer of a 'mid-way' compromise - this would only prolong the agony, and they would, very soon, be after you again for an increased payment. Once a Court has ruled, then LTSB will NOT be allowed to contact you again, otherwise they would be in breach of the court order.
    Don't be frightened by them. The Law is there just as much for YOUR protection as for the likes of LTSB.
    Good luck
    Rog2
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • klare_2
    klare_2 Posts: 281 Forumite
    thankyou so much to everyone who has replied.... homestly I would give you all a big hug if I could.
    Yes both kids are at nursery / reception class , youngest is two so we still have to pay and then we have to have a childminder for the rest of the time. Both me and OH work full time and we both have careers rather than jobs if that makes sense ( please no offence meant to anyone tht is only my personal interpretation of our employment) ... so it wouldnt make any sense to alter our employment situation and hopefully in a year or so's time, OH will have gone through at least one promotion ( almost guarenteed) and I will have had my annual increment pay rises and Im with a company who are going to fund my next lot of study .
    Anyway, i really do feel a lot better about the lloyds thing. I am going to send the letter special delivery on Monday so it lands on their desk on Tuesday morning and they can go stuff themselves.
    I think its proberly about time I got our SOA up here as well so that we can see if we can save any monies else where. But not today - have brain ache today!
    :EasterBun ...what more do I need to say?!
    its all in the name of medical science.
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