On DMP & still being taken to court - Scotland

jamapo

Been online all weekend finding out, or trying to find out what happens at court hearing. Couldn't find any definitive answer, but think I've at least got some idea now. To say I'm scared would be an understatement. Am petrified. Getting all choaked up thinking about it, will be a bloomin wreck on the day I think. Still, I need to face it. Once I get it over with I can get on with my life. Taking extra anti-depressants just to help me through, will hopefully be able to reduce them again once court date passed. (10 days to go) went to print out all stepchange statements to show court I've made all payments in full since started DMP (feb 2013) printer not working!!! Have emailed stepchange to see if they can send me them. Message to theoretica, contacted solicitor asking why they stated I had only made 1 payment when I had in fact made 13. Their answer was that I had only made 1 payment to them, since they took over!! Still think it made very negative point on court papers! Hopefully I will get the chance to clear that one up.

dancingfairy

Do check that the payments are going to the right place and SC are passing them on.
I'm not sure about the court system in Scotland but in England it's not a massive court room like you see on Eastenders or a crime drama. It's a county court. It's normally a tiny room with you, the other side and a judge (that's if the other side actually turn up - they don't always). It might be worth finding out what sort of court you are going to as I would think it would be similar in Scotland and is probably nothing like you are imagining.
Also find out from SC what will happen if you loose. It sounds like it is very similar to a charging order in England whereby you have to notify them if you sell up and they get a share of the equity. I've not heard of them enforcing a sale, do check, again you may be worrying about something you dont' need to.
Best of Luck
df

jamapo

Thankyou df. I have checked payments and solicitors now had 2 payments, so yes they are going to the right place. I'll call SC tomorrow just to re-assure of court process. I think its that, that I'm more concerned about than the outcome! I think you're right with regard to inhibition being similar to charging order. Seems a bit pointless, as I've no intention of selling, but if I did the first thing I would do is pay of debts. I was thinking of asking parents for help to make a F & F offer, but they've never helped in past, and really don't want to give them chance to gloat. ( which they probably would) Its amazing what you think of when you're in despair isn't it? In all honesty I think I'd probably get more sympathy in court! Thanks again df for responding, nice to know there's someone there. J

happy_bunny_2

I am no expert on this process.

I would advise though that you keep a record of important events in time order.

E.g you offered x on day y.

Company refused on day z giving reason blah.

This may convince the court that they are being unreasonable.

Good luck

HB

Arwen

Hiya

You will go to court for a "first calling", where the solicitors and you state your case. You advise the sheriff that you are making payments through Step Change , and take a list of your Income and Expenditure, and copies of the payments you are making. The sheriff may call for a "proof hearing ", which mean you have to come back at a later date. Don't worry most sheriffs are nice and know you are nervous and don't know the law, and are usually much harder on the solicitors for the other side.;)

It is doubtful that if you are making payments, that a sheriff will award a "decree" (which is basically what the Nationwide are looking for to enforce the debt), as you are making payments. They may decide to "continue" the case for a period of time eg to allow you to make more payments, they could "sist" the case eg put it to sleep for a wee while, which means if you stop paying for any reason, they can have you back in court.

If the worst comes to the worst, and the Sheriff is an eejit and awards the decree, he may just ask you to pay at the level you are doing (an instalment decree). The decree becomes live after a month, and you may be served with a Charge for Payment, which gives you 15 days to pay the debt in full or you become apparently insolvent, if they are awarded an "open decree"

Then you can decide what route you wish to take-go into the Debt Arrangement scheme or file for your Sequestration (bankruptcy).However this is worst case scenario, and may not happen.

Check with your local court if there is an In Court Advisor (free), who will be able to give you advice on court processes etc.

I have worked in this sector for a number of years, but its a while since I did court work as I have moved into benefits now, so am remembering as best I can.

Good luck

National_Debtline

Hello there,

This fact sheet explains the court process in a little more detail. Did you manage to look at the Debt Arrangement Scheme fact sheet I posted up previously? It can prevent further action through the courts - this is known as dilligence. A DMP doesn't have binding protection unlike the DAS.

Best wishes,

David @natdebtline

jamapo

Many thanks Arwin and David for your information. I have seriously considered a DAS rather than the DMP but from what I can understand Nationwide can still reject this and I'd end up in court anyway, so my thinking is that I'd be as well to get it over with now. Have arranged a phone call with Stepchange to try and clarify if what I think is correct.

fermi

Nationwide can object in a DAS, but it is up to the DAS administrator whether they approve it or not. They can approve it if they think the DAS is fair and reasonable, even if creditors object.

You are also protected from court action from the point you apply, and while in the DAS you are protected as well.

See: https://www.nationaldebtline.org/S/factsheets/Pages/22%20SCOT%20Debt%20Arrangement%20Scheme%20(DAS)/Default.aspx

DAS can also give you protection from creditors making you bankrupt, or using court action against you to enforce your debts. Enforcing a debt through the courts is often known as ‘diligence’.

Even if some of your creditors have started to use court action against you, in most cases joining DAS will stop this action from going any further.

jamapo

Tomorrow is D day. Court at 10.00am. Am in a right state. Doc even gave me more medication to get through. Will probably be like a zombie, don't suppose thats's a bad thing. They'll probably get their inhibition order, but I'm now at the mindset that it doesn't really matter. What I am annoyed about is how the whole thing was handled. When I first 'opened my eyes' to the debt problem, I contacted Nationwide (Feb 2013) and explained I was being treated for severe depression. (I would have actually been hospitalised but because I care for my special needs son, this was not an option.). When the debt was passed on to Debt collection agency and I was first threatened with court action, (Nov 2013) I then sent a letter, once again informing them of my depression, and how I was trying my best to sort things out. (no response again!)
A few days ago, someone mentioned the lending code to me. Made interesting reading. Especially this part. " Once a lender is aware that a customer has a mental health condition, it has to make adjustments. The Lending Code says banks should consider keeping a debt in-house rather than passing it to debt collectors and make court action the last resort." After talking to National Debtline this morning, I have emailed Nationwide stating that I feel that they have not followed this code. They didn't even acknowledge my problems. I have also told them that I will be contacting the Financial Ombudsman about it as well. I know its my fault I'm here, and I know I can't change things, but I also feel that Nationwide just didn't consider my situation at all. Sorry for ranting on, just trying to get through today.

DS4215

jamapo wrote: »

Tomorrow is D day. Court at 10.00am. Am in a right state. Doc even gave me more medication to get through. Will probably be like a zombie, don't suppose thats's a bad thing. They'll probably get their inhibition order, but I'm now at the mindset that it doesn't really matter. What I am annoyed about is how the whole thing was handled. When I first 'opened my eyes' to the debt problem, I contacted Nationwide (Feb 2013) and explained I was being treated for severe depression. (I would have actually been hospitalised but because I care for my special needs son, this was not an option.). When the debt was passed on to Debt collection agency and I was first threatened with court action, (Nov 2013) I then sent a letter, once again informing them of my depression, and how I was trying my best to sort things out. (no response again!)
A few days ago, someone mentioned the lending code to me. Made interesting reading. Especially this part. " Once a lender is aware that a customer has a mental health condition, it has to make adjustments. The Lending Code says banks should consider keeping a debt in-house rather than passing it to debt collectors and make court action the last resort." After talking to National Debtline this morning, I have emailed Nationwide stating that I feel that they have not followed this code. They didn't even acknowledge my problems. I have also told them that I will be contacting the Financial Ombudsman about it as well. I know its my fault I'm here, and I know I can't change things, but I also feel that Nationwide just didn't consider my situation at all. Sorry for ranting on, just trying to get through today.

Make a formal complaint to them following their complaints procedure. Also, take copies of those letters about your depression to court with you - it can't help to show that they have been harrassing someone who is having difficulties ...