Court Tomorrow :0(

chevalier

Hi there
Do you have a current statement of affairs that you can take? Ie one that lists all your income and outgoings? If so you can take that to show that the offer you are making to repay the loan is a fair one and that you can't pay any more.

Also take copies of letters you have written asking to the break down of charges, to show that you have asked and they haven't given you the information.

Also copy of the letter asking for the insurance to be removed so that the judge can see that they are asking for more than they are entitled to.

Are you back at work now, so that your finances will now start to improve?

chev

in_debt_again_but_dealing_with_it

Just wanted to wish you luck too. Agree with everyone else, make sure you write down all the facts and include all the information re PPI and the fact you've already been paying for a year and also the fact that the house is joint whilst the debt is "yours". Don't know if it will help but worth a try. There is no shame in crying these things can overwhelm anybody. Take care.
Love and hugs
IDA
x

misspoppy

Just want to say good luck there is some good advice here. Do you know how much difference the insurance would make to the monthly repayments, it might be worth saying it would have been more affordable if they had done as you requested and cancelled the insurance when you asked.

Good luck and don't be scared the judge obviously saw sense when you were last there.

angelavdavis

Hiya,

Good luck for tomorrow.

Are you and OH married? In which case, it might be difficult with ref to the shared equity. I am not sure fully of the legal implications of shared equity and single-named debts.

Have you kept copies of correspondence, etc? In future, ensure any correspondence is in writing - don't deal with companies over the phone.

In particular, I think that you should take as much proof as possible ref Nat West and their continued refusal to cease the interest (therefore now doubling the debt).

How did you get on making any savings on your SOA you posted back in May? http://forums.moneysavingexpert.com/showthread.html?t=456392

Fingers crossed that the judge doesn't rule in favour of the charging order. There is information on this site relating to charging orders.

I think you should seriously consider selling the house anyway?

I understand that you probably feel its the only investment you have and that you would benefit little from this, but what would rent for a two bed cost you? You would be able to get rid of the secured loan payment and the mortgage payment which total nearly over £900 per month (obviously, I don't know where you live, but you could rent a two bedroomed property in Surrey for £650 - the same as your mortgage on a one bedroomed property). If you needed any additional furniture, you could ask for it on freecycle.

However, looking at your debts you listed on your SOA in May, if you sold the house for its expected value, that leaves £26k of equity and pays off the secured debt (thus reducing your debt by £35k).

You could then make 70% offers to all of your creditors, except Nat West. Totalling £21307.15.

Selling the house would also reduce the cost of life insurance (because you could reduce the amount you are insured for as you won't need to cover the mortgage), remove the need for buildings insurance, remove the £291.90 secured debt payment and leave you with £515.14 over every month after your outgoings listed on the SOA. You could pay the £5000 toward the Natwest debt and then make a £500 per month payment to them. Snowballing http://www.whatsthecost.com/snowball.aspx? shows that you could complete the payments within five years. I have had to set your interest at 7% in this assumption.

Obviously in real terms, if your salaries increase, you can increase the payments accordingly.

I hope it goes well tomorrow, but I thought I would attempt to give you food for thought. I know getting on the housing ladder may be crucial for you, but in reality, I see selling the house as the only way to keep the wolves from the door. I really think you need to speak to CCCS or Nationaldebtline for more support and advice. Sorry for the long post.

Good luck.

smudgemanc26

Hiya

Just wanted to say good luck.

Im not too sure whether it works the same near where you live but i know they have local CAB advisors who go on a rota basis to court on a morning to help people who dont have any representation. This might be worth looking into i would give them a ring and see if they have anyone on hand to go with you just so you dont have to be on your own, they also can speak on your behalf or ask anything for you which you are unsure of.

I had to go to court the other week regarding being behind on loan payments my advisor from the CAB came with me and was great. I was scared to death to be honest but when everything was explained to me it did take some of the worry and stress away.

They also provided me with a financial statement to hand over to the judge which she took into account when a proposed arrangement was made.

I have since received confirmation of what was agreed in court for my records so you dont have to remember everything.

I dont know what exactly your situation entales but i was only in the hearing for a matter of minutes and didnt have to stand in a dock or swear on a bible which i did think i would have to do!! It was more like a committee room meeting.

I agree with what everyone else has said make sure you write down things u want to say or ask and give evidence to your statements if possible.

Good luck & keep us update x

Scared1980

A huge Thank you to everyone who has replied, I am feeling much better now.

I am going to sit down with my partner (not married) and make sure we have all the documentation together tonight... in date order etc. so that I am not in a confused mess.

The solicitor that Shoosmiths sent last time had no clue what was going on with the case... which I found rather odd and the judge was none too impressed either... so if they do that again, we will be in a better position!

We have incresed the payments from £8 p/m to £88p/m since I have returned to work... so the judge can see we are trying.

Have made lots of savings over the past few months thanks to tips on here... my partner has changed his job and now gets a "pool" car to drive so we are able to sell his car and reduce the car related bits!!! :j Selling a car is a nightmare!!! can't cancel the insurance till its gone either.

My food shopping is now down to approx £40 p/w thanks to good old cook from fresh and freeze extra portions... and my lovely breadmaker.

If they don't get the charge, We are definitely going to sell the house and use the 20k to offer payments to everyone... a two bed in my area is approx £800 p/m so we will save money..

Thanks again guys for all your support... I will try and get online tomorrow night and let you know the outcome, either that or first thing Thursday morning.

Lyns
x

AGB863

Have Natwest already got a County Court Judgement against you for this debt?

Scared1980

Yes they have.... unforunately we were with a very bad DM company last year and they were supposed to deal with the CCJ and they didn't even bother going to the court... I was completely naive and should have gone myself, but I had just had to have an amnio done and was not allowed to move much as it could have brought on a miscarriage, and I wasn't prepared to risk that.

We have ditched the dmc now and have basically told them what we think of them... and suprise suprise they didn't even query it... they know they didn't do their jobs properly... was going to try and claim back the fees we paid, but didn't really know how to and what to say etc.

I wish I had found this site when I was pregnant with my first littlen... I would probably be debt free by now... ho hum... hindsight and all that!!!

Lyns
x

BWDSKi

I'm just wonedering here, but would it be best to have 3 copies of everything? Like going to court to reclaim the bank charges, you have to have 3 copies of everything... 1 for yourself, 1 for the judge and one for the defence.

But good luck

AGB863

Have you missed any payments for the CCJ?

I have a feeling that they can only apply for a charging order if you have missed a payment - I may be wrong.....