Court Tomorrow :0(

Scared1980

Hi Guys...

Haven't posted in a while... been trying to get to grips with things...

Just feeling quite sick at the thought of court tomorrow... Natwest are applying for a charging order of 30k... they applied in April but the judge said no as I had only just come off maternity leave and he said they should give me and my partner time to sort out our monthly budget.

Anyway, we had our house valued and it is worth 190k (one bed starter home), now the mortgage is 124k and there is a secured loan which to repay is 40k, so there is technically only 26k of equity in the property, half of which is my partners...

as the natwest debt is in my name only... surely the judge won't agree to the charge as there is not enough equity to cover it??

Does anyone have any tips on what to say... any "legal" sounding things I should make sure I use?

The thing is we are a four person family (two beautiful daughters) living in a one bed home and we really need to move... we want to sell up, offer all creditors a lower f&f settlement and then move into rented.

Please give any advice you can....

Lyns
x

hypno06

Am afraid I don't know the answer but just wanted to say good luck x

Scared1980

Thanks Hypno...

I know that I have just got to hope for the best... but I feel very unprepared and I know that Natwests solicitors are going to spout loads of legal jargon and I will have no idea if I could counteract any of it ... anyone got any advice??

Lyns
x

In_Search_Of_Me

Have you rung cccs? I'm sorry I have no idea about these things but hope it all goes well...

magni

Good luck. Hope it goes well for you.

blackangeluk

Hi, I'm not much help either but just wanted to say good luck and hope it goes ok. Is anyone going with you, I'm sure once you get there it will not be as scary as it feels right now. A lot of the time you imagine things to be worse than they are, I am sure the Judge will listen to your side and make a fair decision.

Good luck and let us know how you get on.

Scared1980

My partner is coming with me... he is not allowed to speak at all though... well last time he had to because I started blubbing and couldn't actually get any words out... and I promised myself I wouldn't cry... but he said something about the girls and I started...

I have asked shoosmiths for a detailed account of how they got to the figure they are asking for and had nothing back... because it looks like they are asking for the full amount (plus all interest) as it would have been the day I took out the loan... but thats not fair as I paid for a full year before I fell pregnant... and also I asked them to cancel the insurance thingy the day I found out I was pregnant and they are claiming all of that as well... but until I get the full statement I can't argue it... :mad:

I really hope I don't start blubbing again... I must have looked like a right wimp... and I hate them knowing they have made me like this.

Lyns
x

Skint_Catt

Good Luck, and remember if you don't understand something - butt in and ask!!!! This is YOUR life - don't let them sweep you away. (Sorry didn't mean to sound condesending!)

Everything crossed!

C xx

Seaxwyn

Hi Scared

I don't know anything about this but just a suggestion - write down everything you want to say or ask on a piece of paper and take it with you. If you feel overwhelmed you may be able to at least read it out or ask your partner to - or the judge might ask to see it.

The fact that Shoosmiths haven't answered you will not look good to the judge - make sure to tell him/her that you are still waiting for them to justify the figure.

I went to court once when a landlady was suing for rent and had told all sorts of lies about me. I took a list of the lies and my version with me, the judge asked to read it and then adjourned the case as her story didn't match mine. I don't know if this is a usual experience but it did work out well for me.

Good luck, lots of us will be keeping fingers crossed for you.

TallGirl

This is very serious you really need to get some advice. Have you got a local CAB you could go and see or try National Debt Line. Good luck.

flowerofscotland

Good luck tomorrow.

Spend as much time as you can today preparing details - take documents and write down everything you can e.g. dates of telephone calls, time line of events etc etc. You cannot be expected to remember everything without referring to notes - the lawyers will have everything written down.

The judge is there to ensure that both parties get a fair hearing. They particularly dislike the court's time being wasted so if you can demonstrate that you have tried to reach a sensible agreement with your creditors that will go in your favour. Emphasise that you thought you would be able to repay the loan when you took it out but your circumstances have changed since then.

Hope all goes well