They want to take me court - I don't think I've done anything wrong......

[jools63]

Apologies if you've read this before but my post ended up in the wrong place (my fault) and I wasn't getting any replies...

Here goes, In 2005 I took out a loan with my current bankers RBOS. My payments were £303.00 per month and I never missed a payment.

In September 2005 the RBOS decided to call in my £1500 overdraft without telling me. Not a phone call or letter, nothing I only found out by accident and this left me in a bit of a predicament.

Now like a lot of people, rightly or wrongly I did use all of the facility most of the time. My salary went in leaving me with no funds to make all of my outgoings.

I opened another account with Barclays and had my salary paid into there the following month and over the next three months I got straight with all of my creditors. I was never more than 2 months behind with anything and most of my creditors were fine with this.

As I had moved away from RBOS I still had a debt to pay them and came to an arrangement to pay £303.00 per month. This was exactly the same as my original monthly loan payment amount.

Things have been fine except that they ring me every 6 months to ask if I can pay anymore off and I always say no £300 is my limit. The calls are quite threatening and last time they said if I don’t come up with a lump sum then next time they will probably take my house off me.

On the 6th October (the next 6 monthly call) I received a call saying that my payment was late, I tried to explain that it had been sent and that it would be with them the next day or day after at the latest (which it was) it was due on the 6th but sometimes they can be up to 3 days late – that I do hold my hands up to.

The person just kept raising their voice saying it was not good enough. I ended up putting the phone down as I was so upset.

The next thing I receive is a letter from the RBOS solicitors saying I have to pay the amount in full approx £18k or they will take me to court.

I had numerous conversations with them saying I was sure I hadn’t missed a payment but to no avail. A County Court Claim arrived on the 8th November. I have already registered an Acknowledgement of Service as I want 28 days to prepare a defence.

I am present trying to find and obtain copies of all of my bank statements for at least the last 18 months as it was in March 2006 that they finally got round to issuing me a letter agreeing to the repayments of 300.00 per month.

I am 99% sure I have not missed a payment, the only possible shadow of doubt could be over this July’s as my Dad died in May, my Nan died in June, and I moved house in July – a period of extreme stress as you can imagine. I am waiting on a copy bank statement at the moment.

However if I count all the payments I have made from March to the current date I think it will show as 20 payments for 20 months. Their discrepancy seems to be the date the payment they say is due and the day I make the payment, sometimes this can cross over into another month.

I do not feel however that a CCJ should be issued for repayment of the full amount over what appears to be a technicality. I don’t have it anyway.

I gather that I should file a defence online which will then go back to them for them to decide whether to continue with the hearing or back down and go back to the payment arrangement that we agreed.

How should I file my defence do you think, just as I have here or do you have any other advice?

Many thanks in advance I am really worried by this.

[MikeSplicer]

I am no expert on court precedure but I would suggest you issue a S.A.R - (Subject Access Request) ASAP then a least you know whats going on. Also tot up all the charges and make a claim for these.

[shane5408]

Hi Jools63,

 

First thing you should do is send the attached letter to the claimant this will then furnish you with all the info you need to mount a defence.

 

 

 

kind regards,

shane

CPR Info Request.txt

[pt2537]

Just to add, send the letter via special delivery if you can, it needs proof of delivery in case the deny receipt which will make them look very foolish in front of a judge if you can prove they are trying to frustrate matters

[jools63]

Hi Jools63,

 

Thanks Shane - I have faxed it over today and also sent it Special Delivery. The partners are in discussions with RBOS today as to whether they are going to take this forward all the way to court.

Hopefully the thought of having provide all of that information within 10 days may put them off.

Even if it deosn't it will help clarify my position so thank you very much indeed, I'll keep you posted.

 

Thanks again

 

Julia