Worried sick about appearing in court.

FireWyrm

determined_new_ms wrote: »

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

Why thank you.

OP, dont worry. From a purely human point of view, have a good nights' sleep, into bed 9pm the night before proceedings. Depending on the time of the hearing, make sure you are up early enough to have a good breakfast and a couple of cups of coffee or tea. If you are unsure where the court is, do a dry run the day before and have your parking sorted out in your mind. The last thing you want to be worrying about is being late and faffing with parking meters. Have all your correspondance in a file which is easily accessable and deliberately put it in the car the night before so you cannot forget it. Make sure you have sorted out a bag or purse (depending on your sex) with keys, sufficient money for a cup of coffee and a sandwich, a small notebook and several pens or pencils for note taking. Take it calm and be collected. You have nothing to worry about but your creditor is in great danger of being branded 'vexatious'. You have proven, by the very act of having a DMP that you are attempting to face your debts and that you have treated all creditors equally and it is unreasonable behaviour from your creditor that causes you to be in the court that day.

I would also advise you to go back through your paperwork the night before and re-familiarise yourself with the facts and figures. You can look them up as you go, but just to reasure yourself that you have done everything you have said you would do.

Dont be intimidated by the court. Dont slouch or fidget. You are an adult and you are in charge of your life. This creditor is deliberately making your life difficult. Avoid anger, it will profit you nothing. Use facts to fight them. Remember, you only owe the creditor money, they do not OWN you.

As S&V says, if your creditor attempts to talk to you before proceedings, politely say that you have no comment and that all this will be dealt with inside the court room where all can hear what is said and done.

Let us know how you get along.

chevalier

I would also suggest someone coming along with you for moral support
chev

fatbelly

You should get loads of notice about the hearing - probably more that a month.

The only other thing I would add is that in a county court the judge is normally referred to as 'sir' (or ma'am if female)

lancashiregirl

Thank you all so much for the advice, I don't feel as bad now and I will let you know what happens. Will now make a start on gathering together the paperwork and figures so I'm prepared.

I would love to take someone for support, but the thought of admitting to my friends or family what a pickle I've got into is horrifying!

dancingfairy

I agree with the others - it's likely to be a complete anti-climax for you. Everything you know about courts is probably to do with the crown court - that'll be the one where they have prosecutors, and a judge, and a jury and you have to take to the witness stand etc - that's for people that have committed serious crimes like robery and murder.
The county court where you'll go is where people argue over things like boundary disputes/hedge height, divorce proceedings, child/family custody arrangements etc. You'll be in a tiny room with you, the other side (if they bother to turn up) and a judge oh and a small desk. The judge is very unlikely to be wearing any regalia at all. As long as you are polite and respectful to the judge then that's the main thing. Keep it clear, concise and to the point - don't waffle.
Also what's the worst that's going to happen? they can't make an order for more than you can afford so if it means they get more and other creditors get less then that's what will happen - but that's about it.
Best of Luck
df

lancashiregirl

Well the day is almost here, Wednesday at 3pm. I have all my paperwork gathered but am still very worried. I read on another post on here that a judge will agree to place a charging order on my home if it is going to take you a very long time to pay off the debt. At the rate I'm paying at the moment it will be 2017 before I'm debt free.

Thank you again for all the advice so far. I'm not sure what exactly the worst that can happen is dancingfairy, which is why I'm so scared.

antonic

I will be rooting for you !:T:T

lancashiregirl wrote: »

Well the day is almost here, Wednesday at 3pm. I have all my paperwork gathered but am still very worried. I read on another post on here that a judge will agree to place a charging order on my home if it is going to take you a very long time to pay off the debt. At the rate I'm paying at the moment it will be 2017 before I'm debt free.

Thank you again for all the advice so far. I'm not sure what exactly the worst that can happen is dancingfairy, which is why I'm so scared.

Mags_cat

lancashiregirl wrote: »

I read on another post on here that a judge will agree to place a charging order on my home if it is going to take you a very long time to pay off the debt. QUOTE]

A charging order does not mean you will have to sell your house. It means that if and when you decide to sell, your creditor gets paid what you owe them from the proceeds before you get any residual profit.

Good luck for Wednesday - you've been given some really good advice. Stay calm

JustinCredibleGillespie

Hey LancashireGirl! Just wanted to say Good luck for Wednesday, dont worry too much. I'm sure with the above advice, you'll sail through it!

Best of Luck!

JCG

xx

P.S Don't worry if they do place a charging order on your home, just don't sell it & they'll not get a penny!:D

fatbelly

Just to add- this is not a charging order hearing. It is a redetermination, i.e. to decide if the amount you have already been ordered to pay is 'reasonable'. Only if the judge decides to vary (change) the order to a 'forthwith' judgement (pay the whole lot immediately) would Sygma be able to then apply for a charging order.

And that requires a further hearing.

Yes, it could go either way as there are two ways of looking at this situation.