Court Action Imminent

bagpipersniper

Hi, forum members

Thanks for taking the time to read this post.

My wife and I are in severe financial difficulty. I have recieved a Citation from the Sherrif Court to appear at a hearing next week as I am unable to make payments on a personal loan with the Royal Bank of Scotland.
The loan has gone past the point of payment with the Royal Bank
and then on to Triton Credit services who were collecting it for them
and has now gone through to Anderson Strathern Solicitors who are
collecting it directly for the Royal Bank.
I have been unable to keep up with the payments of £200 to Anderson Strathern and the Royal Bank are now taking
court action against me.

From believe they are trying to get an Order of Decree which I belive is like a CCJ against me to prevent us from selling our house in the future without them getting the money due to them.

My wife and I both have seperate Debt Management Plans with Debt-line (not the best company but we fell behind with our Council Tax and it is being collected by Scott & Co. We would have went with the CCCS but they wouldnt take on a Council Tax debt as part of the plan.)

My wife and I are both with debtline seperately. She pays approx £105 pm
I pay £185, of which the highest amount £115 goes to our outstanding council tax debt
which has approx £1,100 to pay and several smaller debts paid at £5 each.

We have a secured loan with Welcome Finance in both our names
which my wife pays. We are just over a month behind with this. We have fallen behind with our mortgage payments
which i am repaying at an extra £105 per month as well as the monthly rate of £450.

We cant afford a solicitor to defend me and we are expecting the court to rule in favour of the Bank on this matter.

Has anyone been in the same or similar situation having to go before a Sheriff?

Whats the procedure?

What will happen in court? Whats the best way to make my case?

I understand that wages arrestment my also be an option in this matter. If the Sheriff ruled on this can they take all my wages or just a portion?

Can we be forced to sell out house to meet this debt?

I am at my wits end with this.

Any help you guys can give would be gratefully recieved.

Thanks

princesst84

I dont have any advice unfortunately, other than to ignore the unhelpful post above and wait for someone with more experience than me to offer some advice. Good luck

Wannabefree1

bagpipersniper wrote: »

Hi, forum members

Thanks for taking the time to read this post.

My wife and I are in severe financial difficulty. I have recieved a Citation from the Sherrif Court to appear at a hearing next week as I am unable to make payments on a personal loan with the Royal Bank of Scotland.
The loan has gone past the point of payment with the Royal Bank
and then on to Triton Credit services who were collecting it for them
and has now gone through to Anderson Strathern Solicitors who are
collecting it directly for the Royal Bank.
I have been unable to keep up with the payments of £200 to Anderson Strathern and the Royal Bank are now taking
court action against me.

From believe they are trying to get an Order of Decree which I belive is like a CCJ against me to prevent us from selling our house in the future without them getting the money due to them.

My wife and I both have seperate Debt Management Plans with Debt-line (not the best company but we fell behind with our Council Tax and it is being collected by Scott & Co. We would have went with the CCCS but they wouldnt take on a Council Tax debt as part of the plan.)

My wife and I are both with debtline seperately. She pays approx £105 pm
I pay £185, of which the highest amount £115 goes to our outstanding council tax debt
which has approx £1,100 to pay and several smaller debts paid at £5 each.

We have a secured loan with Welcome Finance in both our names
which my wife pays. We are just over a month behind with this. We have fallen behind with our mortgage payments
which i am repaying at an extra £105 per month as well as the monthly rate of £450.

We cant afford a solicitor to defend me and we are expecting the court to rule in favour of the Bank on this matter.

Has anyone been in the same or similar situation having to go before a Sheriff?

Whats the procedure?

What will happen in court? Whats the best way to make my case?

I understand that wages arrestment my also be an option in this matter. If the Sheriff ruled on this can they take all my wages or just a portion?

Can we be forced to sell out house to meet this debt?

I am at my wits end with this.

Any help you guys can give would be gratefully recieved.

Thanks

Am glad the unhelpful post has been removed. Just bumping up so someone with some knowledge can help you.

bagpipersniper

I have never been in a situation that requires this before and am looking for some advice about what to expect in court.

My wife & I cant afford a solicitor so we are just going along ourselves. I expect that the Sheriff will rule in favour of the Bank in this case.

How long will the hearing last?

What are the outcomes of a hearing for an Order of Decree? and how serious can they be.

I have heard it would prevent us selling the house at anypoint without the bank getting the money they are due.
I have heard of wages arrestment also as a possible outcome. If this happens can the Sheriff award part of wages to the bank or can they award all of them.

Can they force us to sell our home to meet the debt?

The debt is £9.8k approx.

I have called the CCCS and have an appointment on Monday to speak to a councilor.

I have come to accept there is nothing I can do to stop it going to court unless I pay the full amount now, so I just want to know what to expect and say.

If anyone else has been in the same boat I would be most gratefull for any info and advice.

Thanks

pure_dead_dopey

Hi

have you returned the forms to the court asking for time to pay? or have you paid the 80.00 to defend it yourself

bagpipersniper

The £80 fee was if I wanted to defend the action.

I put in a time to pay application and this was rejected.

When I put in the time to pay application I told them that I admit the claim and that I didnt wish to defend it

pure_dead_dopey

so you've admitted the debt and offered a payment, who has rejected it?

pure_dead_dopey

Is it a big debt? You can't ask for a time to pay if the debt is over 25K

AlyBaly

I have sent a private message, hope it helps reassure you a little

bagpipersniper

The debt is £9.8k and theamount i offered was unnaceptable. I wastold by Anderson Strathern that they haave been instructed to take the case to court

AlyBaly

Did you get my PM bagpipersniper