[B]Being taken to court dont know what to do[/B]

sickofdebt_2

Im in a real mess & dont know what to do about it.
I've received papers taking me to court over a debt with the Royal bank of scotland.
Over my account's & a loan they're asking for £26,000 & there is noway I can afford to pay right now (or at all)
My life seems to have gone from bad to worse in the last 12 months. My husband & myself have split, my father in law died. I've moved out of the home & am living in a bedroom at my mums house. All the debt from married life went in my name because my husband had bad debt now it looks like I'm left to sort it all out.
I've been in contact with the bank over this debt for a while & they are not accepting any of my proposals. I'm a client with CCCS & have made all the standard requests for stopping of interest (not company policy aparently) & basic payments, I've offered a payment of £6500 which is the money I was left from my father in law but they are not willing to accept anything & I dont know what more I can do. Now they are taking me to court.
I'm really worried that all this will affect my ability to stand on my own two feet & get somewhere of my own eventually.
I just dont know where to turn.

dancingfairy

Hi. Sorry I haven't got much good advice for you but hopefully others will be along to help more soon.
Bottom line is you can't give them what you haven't got. I presume they think that presurising you will make you magic up some money from somewhere or maybe they have 'lost' all the letters from CCCs.
Have you done an SOA yet? See Southern Scousers sticky at the top of the board - this will show if you have any spare income after expenses to repay debt.
Is this your only debt or have you others?
When you have worked out what you can pay are you paying them this eveyr month no matter what they are saying (via CCCS of course).
If the worst comes to the worst you can go to court and explain things. Are they petitioning for bankruptcy or not? Let us know more details and hopefully someone will be along with more info than me.
Keep fighting - all the best.

plumduff-2

Hi....

1. You say you are with CCCS - have you contacted them about this matter... personally I wouldnt give them the £6.5k.. you will probably need this for a deposit on rented accomodation and to buy new furniture now you are single again... so keep hold of this...

2. They have issued you with a court summons... I take it you have your financial statement from CCCS - if you have complete section N9 - admission and omplete the income and expenditure details exactly as CCCS have stated.. then put in an offer of repayement - again, do this in line with the offer CCCS has advised...

3. Dont be tempted to offer them more than what CCCS has advised... just because they are taking court action... The court can set the level of payment to what you can afford, and by the sounds of it, the creditor will not improve their position by taking court action. This is because you have no property they could charge on, no asstes to impound via bailiff action...

4. Try not to worry about this, due to the above,,, its just a creditor being obstructive and awkward, you cant do any more than offer them what you have done previously... So, you need to toughen up and stick to your guns and spend the £6.5k wisely on getting your life back together...

5. On another point... you owe £26k to the RBS, but presumably you have other debts... and no assets... it may be worth while considering bankruptcy... ultimately it could write off all your debts - giving you a fresh start.. at worse, you could get an income paymetn order where you would pay a percentage of your surplus income to the OR... however, the £6.5k would be seen as an asset in BR - so if this is the way to go, then get the flat and get kitted out first...

sickofdebt_2

I have a house that is mortgaged but I dont live there. My OH does. the only other debt I have is on my car to which I still owe around £600 paying 140 per month.
I have got to keep up the payments on the mortgage at 675 per month & as my husband has stopped work it's up to me to cover the cost. The bank have told me this.
The CCCS did a cost breakdown with me & it shows an overspend of 270 per month . This was when my OH was still in work. Now he's not. He had a breakdown after his dad died & it all got too much for him.
I know if I havent got it they cant take it but I just feel like this thing is going to be hanging over me forever & I'm never going to be able to sort myself out.

I have basically offered them every penny I have to get this all sorted. I understand that it's my responsibility to do this but I just feel hopeless.

shameless-about-money

The Court Form does ask for any savings to be declared.

However, at least the Court will tell BOS if you have to pay only £1 or £2 per month.

Just before my IVA completion Tesco took me to Court, disputed the offer and the Judge granted £1 per month on a debt of £13800 including the court fees and charges, etc.
So don't worry about the amount of money involved.

The Court should be fair about what you can afford, where your creditors couldn't care less.

plumduff-2

Just out of nosiness....

Why are you paying the mortgage yet moved out... Why hasnt ex moved out seeing as he isnt working and not contributing to the mortgage...

JGWT8M

shameless-about-money wrote:

The Court Form does ask for any savings to be declared.

However, at least the Court will tell BOS if you have to pay only £1 or £2 per month.

Just before my IVA completion Tesco took me to Court, disputed the offer and the Judge granted £1 per month on a debt of £13800 including the court fees and charges, etc.
So don't worry about the amount of money involved.

The Court should be fair about what you can afford, where your creditors couldn't care less.

I wish every Court was as consistent in their decisions.

As you know I was hit witha Judgement to pay £6000+ without the opportunity to pay in installments, and from I'm reading and hearing elsewhere, this is going on quiet a bit now.

If this happens, don't worry, you will need to write to the Court and ask for Redetermination, at this hearing you can then address the Judge directly and explain to him the circumstances, I can almost guarantee you that until this time, the Court will follow the requests of the Claimant and it's only when you get to Redetermination that you get to tell your side.

I will let all know how my Redetermination goes next week, and what the procedure is.

shameless-about-money

Mine went to redetermination.

What they are saying is that because the Court's are so busy they don't bother to look at the initial SoA submitted, they simply award the CCJ then expect it to go to redetermination where it is then sorted out properly.

Hope all goes well for you

JGWT8M

shameless-about-money wrote:

Mine went to redetermination.

What they are saying is that because the Court's are so busy they don't bother to look at the initial SoA submitted, they simply award the CCJ then expect it to go to redetermination where it is then sorted out properly.

Hope all goes well for you

Yep that's what the Clerk told me too.

How did your Redetermination go? I suppose I mean what happens at the Court if you don't mind me asking? mine is next week.