Worried sick about appearing in court.

lancashiregirl

I hope someone can advise me on this.

I have a DMP set up but one of my creditors took me to court and the judge ruled that I should pay what I was already paying via my DMP but the creditor has appealed and the proceedings have transferred to my local court. I am awaiting a date and have to appear - I'm absolutely bricking it.

Has anyone had to go through this, what happens exactly?
Thanks if you can help.

FireWyrm

The court will probably slap your creditor for being stupid.

You DO have all your evidence about how much you can pay lined up...right?

lancashiregirl

What do I need to take? Tax Credit award, bank statements that sort of thing? Or would my budget sheet from my DMP do?

DS4215

Better to take it and not need it than need it and not take it....

So take wage slips, tax credit awards, bank statements, DMP budget sheet, etc

BitterAndTwisted

Have every shred of evidence in your hands when you go to court. The worst that could happen is that you'll eventually get a CCJ but if you don't have the funds coming to pay them, they won't get their money any quicker than your other creditors.

CruRed

Ive just started on a DMP and reading your post has disturbed me to say the least. Is being brought to court a likely event when on a DMP? Who is the creditor doing this?

lancashiregirl

Hello and thank you for your advice thus far.

I shall take all doccuments, does anyone have any idea what to expect? Is it like a proper court where they put you on a stand and you have to swear an oath? I can't tell you how scared I am!

In response to the last question, the creditor is Sygma bank and I have to say I was pretty stunned when I got the court forms through as I'd always been under the impression that this step was unlilkely if you had a DMP in place.

saltnvinegar

lancashiregirl wrote: »

Hello and thank you for your advice thus far.

I shall take all doccuments, does anyone have any idea what to expect? Is it like a proper court where they put you on a stand and you have to swear an oath? I can't tell you how scared I am!

In response to the last question, the creditor is Sygma bank and I have to say I was pretty stunned when I got the court forms through as I'd always been under the impression that this step was unlilkely if you had a DMP in place.

No you're not going to be in a dock and face a judge with a wig and all that stuff that comes with a criminal trial, that is the 'civil' courts.

You will more likely be in a very dull room that looks little more than an office, where the judge is likely to be a very ordinary looking middle age man/woman.

They will be very nice and should do everything they can to make you comfortable (especially if you are a litigant in person).

Sygmas solicitors may try to talk to you before the hearing to try to intimidate you a little and knock you off your stride.

You do not have to talk to them at all so just state 'I will not discuss anything but am prepared to listen to what you say'. Let them say their piece, and if they're not prepared to drop the appeal take it to the judge.'

As has been suggested take everything that may be of relevance and support the figures arrived to in your DMP.

You want to make it clear on the following:

1) That you are not a debt dodger, you recognise you are in debt and have entered into a DMP to resolve your situation and that you have approached all your creditors with your DMP to come to a reasonable agreement

2) That Sygma bank have rejected your DMP and reasonable offer of payment which is all you can afford without providing you with good reason as to why they have rejected your offer and with no regard to the common financial statement you have provided (have a read of and also quote the OFT guidelines on debt collection)

3) That Sygma bank have already taken you to court to obtain a CCJ, in which award was granted that you pay the amount specified in your DMP, but Sygma have continued a vexatious behaviour and appealed the decision given

4) That the amount stated in the DMP is still the maximum you can afford and produce the proof of why this is

5) If you have any evidence of harrassment from Sygma in the form of threatening letters etc sent after they were aware of the DMP then take these and show them to the judge as evidence of Sygmas unreasonable behaviour.

6) Emphasise any letters you have sent Sygma in an effort to resolve the situation and show you have been reasonable.

As has already been mentioned the judge should really slap them for being vexatious and greedy.

If the judge awards in your favour (i.e. confirms the existing judgement, or, as has happened before, may even reduce it) I would also consider asking for a judgement that Sygma pay your costs as well as their own.

It would not be unreasonable to ask for costs for travel, paperwork, time to prepare etc. A couple of hundred quid would not be unreasonable to ask for (again prepare your costs to demonstrate why you're asking for this) and would be a tweak in the nose to Sygma.

You'll be fine and best of luck

SnV

lancashiregirl

How wonderful, you've made me feel somewhat better. Thank you so much, just one last thing, do you know how much notice you usually get before you have to appear?

So far I've only had a Transfer of Proceedings notice from Northampton court to my local court. I may need to arrange to take time off work so I'm hoping it's not just a week or so's notice?!!

determined_new_ms

SnV & Firewyn yet again you give excellent advice. You both are really lovely & level headed people!

bottleofred

Totally agree with above posts, take everything with you. You have been more than reasonable and with any luck they will be seen as being unreasonable as you have not avoided trying to pay.

Good luck

Red