Were RBS in the wrong to take me to court?

erdd2

GazW wrote: »

And any idea what would happen if I applied to get the judgement set aside based on what I have said here? I'm finding lots of things on the net now, if only I'd dealt with this sooner

getting a judgement set aside is difficult and there are time bars to apply.

If you have a case to answer and are up for the stress, a fresh action could be a way forward. it takes a lot of time to research and prepare.

erdd2

GazW wrote: »

If this went back to court would it be a case of baillifs straightaway or would it be referred back to a judge first so I could argue my case?

If you did raise an action, you could seek all matters sisted in the interim but this is affected by many elements, not least the "wide discretion" of the judge/sheriff/person sitting

The issue appears to be a large weight over you....many will have different ideas of how to approach/what to do...ime you should gather as much info as possible, promulgate same, consider who is taking fees againsy what they are saying before you make any decision...after all this is YOUR life/issue and you are the one to live with it

Sparklyfairy

Personally, I'd take the ccj as a lesson learned & keep making payments. I know you can ask for the payments to be altered through the courts - no attendence necessary - I can't remember what it's called but I'm sure it's on the National Debtline website. If you have other creditors, you now know what to do, right?! All I will say is that besides bailiffs (which are rarely used for cc debt/loans - but more for council tax & hmrc tax) creditors tend to go down the charging order route if you own your home. If you do, read as much as possible on them. If you don't own your home, they tend to try to get an attachment of earnings order through the courts when/if you stop the ccj payment.

GazW

Thanks everyone for your help and advice, I might come back here if/when they write back to see what people think I should do next.