Court papers! Please help I am so scared!!!

neith

Hi Rayday,I have just read your post and I was thinking of writing a letter to send in with my court papers, would this be a good idea? I have the letters that state they want 200 a month and the court papers saying they want 100, all seems a bit odd to me. I don't want to send stuff if its likely to cause a problem, what do you guys think?N

rayday2

Like I said not sure about the process have a word with the cccs see what they say. A few people in the DMP support thread have been through the court process so see what they have to say too.

I just hate the thoughts of banks putting both of you through what they have it is so mean and pointless too, they still have to wait they have not got any further.

neith

Hi, Just an update, I wrote a letter this afternoon, just a short one outlining my circustances and so on including how I have been treated by Nationwide. Then i realised the court papers have to back to the nationwide legal team. So i did not send it, but will keep it for the future.

I have sent back the papers with all the bits cccs sent me (recorded delivery). I copied them all as well. Anyone know what I will get next?



Nxx

penguin83

Hi there, sorry to hear you are having a bad time at the mo. In my experience, the courts will often allow the claimants to apply for a charging order in order for them to secure their judgment and then allow an instalment order to be made allowing you to pay what you can afford. Obviously it can only go this far if the cliamants object to what you are offering in the first place. If they agree you wont have to attend court and an order will be made in your absence. Good Luck with your offer - if you need any further info regarding court or the procedures let me know

neith

Hi,

They won't accept my offer as thay have said all along they won't. Does this mean I will have to attend court? I live miles from the court dealing with this.

Nxx

Leixlip1

You can apply for any hearing to be held in a Court near to you - if you need them the forms can be accessed on the HM courts website orviist your local County Court - the staff are usually friendly and helpful.

I had an Order made without me being present and had to apply to have it varied and was sucessful. It was varied to the amount I was already paying AMEX. They did want a Charging Order but were unsuccessful and now have to wait for me to default - which of course I don't intend doing!
Good luck.

spud30

neith wrote: »

OOhhh SH..,This does not bode well for me then!!! I can't get over that, after a judge has agreed figures they can go on and put an order on your house!! I keep all my cccs statements and will fight them as they have made me contemplate taking my life and thats not right. I maybe stupid but I am not scum and deserve to be treated better than dirt on a shoe!Did you not fight a charging order? How long did it take and what was the procedure? How on earth did they get away with an attachment to earnings??Take CareNxx

They went on to put an order on my house by lying to the court and saying I had missed an agreed payment.

They haven't gone ahead with the Attachment of Earnings as yet, just threats at the moment.

I have all my CCCS statements too, but didnt fight the Charging Order because I was too scared to attend court. I guess I thought the CO would be an end to all the harrassment - how wrong I was :mad:

RAS

neith wrote: »

Hi,

They won't accept my offer as thay have said all along they won't. Does this mean I will have to attend court? I live miles from the court dealing with this.

Nxx

Neith

Some lessons from Spuds post above, although you are obviously defending by post.

Is there any way that you can get the case transferred to your local court?

In the bank charges section Rex suggests that when a case is being heard a long way away, you should agrue

....Location of hearing
The claim will be heard in the court to which this form must be returned. Is there any reason why it should be transferred to another court to be heard?

If for any reason the address is somewhere else (a distant court) ..........state that you are a private individual claiming against a company that conducts their business in your area, and the claim should be heard locally to you.

Could you ring up the court clerks and ask them, as the cost of travel would be unreasonable/

RAS

spud30 wrote: »

They went on to put an order on my house by lying to the court and saying I had missed an agreed payment.

They haven't gone ahead with the Attachment of Earnings as yet, just threats at the moment.

I have all my CCCS statements too, but didnt fight the Charging Order because I was too scared to attend court. I guess I thought the CO would be an end to all the harrassment - how wrong I was :mad:

Spud

How about you start your own thread? You will not get the help you need hiding in neith's thread and really this is your issue not neith's.

spud30

RAS wrote: »

Spud

How about you start your own thread? You will not get the help you need hiding in neith's thread and really this is your issue not neith's.

I'm not asking for any help RAS.

Whats done is done :rolleyes: