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URGENT help needed. Citation received

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Howdy folks.

For various reasons I hadn't got round to / didn't wanna read any bills in the past couple of weeks, so I kinda ignored my mailbox.

I emptied it tonight and notice a "Form of Citation" from the Sheriff court.

It says I have until the 9th July of respond ... which is obviously 2 days away ... and now im bricking it 'cause I've no idea what to do.

 

Its from the Royal Bank Of Scotland, for a loan that I kinda forgot I had, for the amount of £6867, I don't particularly want to fight it because I did take the loan out and I don't deny that ... I jsut don't know what to do. Im not even sure if it's too late now?

The back page says :

 

FORM OF WARRANT OF CITATION WHERE A TIME TO PAR DIRECTION OR TIME ORDER MAY BE APPLIED FOR.

Case Type : Debt

At : Glasgow on the 09 June 2009

 

Grants Warrant to cite the Defender by serving upon him a bopy of the writ and Warrant, with form 3, on a period of notice of 21 days and Ordains him if he:-

a) Intends to defen the action or make any claim, to lodge a notice of intention to defend: or

b) Admits the claim and intends to apply for a time to pay direction [or time order]

 

What does any of that mean?

 

On the front page it says 17th June ... I've just no idea what's going on, what to do next, or what's gonna happen now.

What's the worst case scenario? ... Bailiffs taking my stuff? ... house repossed?

 

ARGHHH


01/08/06- Royal Bank of Scotland - S.A.R sent

24/08/06- Royal Bank of Scotland - Statements Received

31/08/06- Royal Bank of Scotland - 1st Request sent

13/09/06- Royal Bank of Scotland - LBA sent

23/09/06- Royal Bank of Scotland - Offer received £1544 (Thanks but no thanks)

02/10/06- Royal Bank of Scotland - *WON* Full settlement

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don't have baliffs up here.

 

 

have they attached a copy of the credit agreement with the citation?

 

Ida x


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Hello,

 

Whats your situation? are you home owner and working full time, do you have any assets, cars high value items savings etc, if so you will need to seek advice as soon as. What the creditor will be looking for is a wage arrestment, hence taking you to court and obtaining a decree they can then instruct a sherriff officer to serve you with a charge for payment, once this has been served and 14 days has passed, they will try to find out where you are employed and who you bank with, I cannot see them petitioning for BR, The wage arrestment on the average population would be around 150 a month if you earn 900 a month or more it goes up in tiers after every couple of hundred, My advice for you at the moment is to draft up a income/expeniture and be as honest and accurate as you can, this will help with with the time to pay order which you want to send back to the court. Simply if you can only afford to pay them 40 a month and can back this up you will get this in your favour. only upon missing 2 payments on this will they go after your wages or bank account.

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What did you decide to do ? Was this properly served on you ? Did you sign for it....if not properly served (and they need proof it was) how would they know you have even received it ? If it was properly served then you need time to request agreement and default notice etc to ensure these are correct and enforceable and the only way I believe you can do this at this late stage is to complete the form and tell them you are defending the action....if you later feel you have no case against them you can chuck in the towel and your right to pay claim in instalments will still be there I believe win lose or draw ! Best case scenario is you find they cannot enforce agreement or dn is dodgy and the whole case miraculously disappears !

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ahh thanks guys.

I am a homeowner, but don't have a car or savings or anything.

 

I was in a bit of a hurry to get it sorted, so I pretty much had to send it off straight away for it to through to Edinburgh (their solicitors) in time for the deadline.

 

What I did was asked to pay £20 a month, and included an income expenditure form. I also added a note onto the thing that I'd previously asked them (RBS, who also hold my mortgage) to extend the period of my mortgage back to 25 years, and add this loan amount onto the mortgage, I also mentioned that they hadn't replied to me about it.

Probably not the best way to go as it's putting more debt onto my mortgage, but I have had the mortgage for 6 years now, and I've never remortgaged, so it should be fine.

 

Just need to wait and see what happens now.

 

thanks guys


01/08/06- Royal Bank of Scotland - S.A.R sent

24/08/06- Royal Bank of Scotland - Statements Received

31/08/06- Royal Bank of Scotland - 1st Request sent

13/09/06- Royal Bank of Scotland - LBA sent

23/09/06- Royal Bank of Scotland - Offer received £1544 (Thanks but no thanks)

02/10/06- Royal Bank of Scotland - *WON* Full settlement

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