In county court tomorrow

[saviour1263]

I am in county court tomorrow for being thick,

 

 

in april 2009 i had £3200 paid into my bank account and i thought it was tax credit refund

as in april 2008 i had £2990 paid in as a tax credit refund

 

 

,the bank website went down the day after i saw the payment in the account all it said was bank credit

and thats what it said when the tax rebate went in 2008, i put 2 +2 together and thought it was a rebate .

 

 

i am now being sued by the chap , things just cant get any worse

 

 

my wife died in august 6th 2002 she used to handle all the benefits etc and paying bills im just useless and a let down as a father ,

i just cant work out where i went wrong i didnt know and never thought any the wiser ,

 

 

i cant repay the money im on very low wages . i dont know what to do my house is mortgaged

and when i have paid all the bills i have nothing left at the end of every month

 

 

my car is only worth £1000 , my children are disabled and registered blind ,

 

 

i found out last month there is a cure for my sons blindness and have to pay £180 for consultation

with a chance of him having an operation which will cost £9000 per eye ,

the cure isnt available on the nhs .

i cant afford it neither the consultation or the operation.

 

I have failed and keep on failing

i dont know where to turn

the courts wanted me to send the chap my bank statements for march april may 2008 and march april may 2009

i cant do this and wont they are personal and i dont think he has any right looking at them to see what a loser i am .

 

 

i sometimes wish it was me that died and not my wife

,she was the one who could do all this and manage the bills ,

all i want to do is look after my children

and work but cant even do that properly.:(

[Tonka99]

Hi saviour

 

Can we have some more info please

 

Who is the chap taking you to court

What was the money for paid into your account

Have you put in a defence

 

We need to know more before anyone can advise please stay calm

you are not a loser just need some help for you and your family.

 

Tonks:)

[saviour1263]

the chap paid the money into the abbey who put it into my account by mistake

i never received any paperwork for putting in a defence

just the papers for me to appear in court at 10;30am in London

 

 

i can just afford to get there (but walking into work for the next 2 weeks its 4miles away)

 

 

i tried to find the tax credit forms for 2008 but can only find the ones for 2007

i also had a rebate for 2010 ,2009 was the only year i didnt get a rebate

 

 

,i normally keep everything but cant find them just as proof that i had the 2990 paid in the previous year

,the bank didnt even tell me till 3-4 weeks after the money was paid in and by then it was gone ,

i feel like everything is working against me

 

the chap said i must have known it wasnt my money ,

but i didnt i feel like crying,

im not a theif and would rather starve than do anything illegal .

[saviour1263]

the amount was £3200 and he is claiming for £5000+ and wants me to pay all his expenses etc.i dont know if you can see it but it was so close to the 2008 figure that i thought it was just a rebate again.

[saviour1263]

who is going to look after my children if i get arrested for this ,i would lose my job my job depends on honesty ,my house everything

[letsdothis]

who is going to look after my children if i get arrested for this ,i would lose my job my job depends on honesty ,my house everything

 

I don't think you would be arrested, it's a county court claim against you.

 

The way I see things, even though the money was paid into your account, you made the error of assuming it was rightfully yours.

 

However, it would appear that this person has sent a payment and it has somehow ended up in your account.

 

You have since spent the money.

 

The guy wants his money back. Did he not write to you previous to the court summons?

 

The best I can recommend is that you tell the Judge what your side of the story is, and hope that the Judge understands.

 

If you lose the case tomorrow, then you would get a CCJ for the amount the person is asking for. You would then have to tell the Judge your financial circumstances, even if it means that you have to pay it back at a £1 a month or so.

 

As long as you keep up the payments, there is not a lot that that person can do I don't think. Sorry I cannot help you any further.

[Tonka99]

Ok

 

What has Abbey to say they must be involved somewhere

if this chap didnt realise the mistake he should have taken

it up with them not you , is it Abbey who have taken you to court

or this chap?

 

Are you saying that you are not able to go to court tomorrow if

so judgement will go against you and you will get a CCJ .

 

Its very late and not too many caggers around to help I dont have

the knowledge you need but will do what I can and support you ,with

luck someone will come along press the red triangle at the bottem left

hand corner for site team help

 

 

Regards

Tonks:)

[saviour1263]

they said it was to do with my bank and there was a computer error ,apparently they kept on to my bank but my bank are useless and kept on telling the chap who put it in that it had gone into the right account and stuff like that delaying him and not saying the truth to him it is this chap thats taking me to court ,it says im the 2nd def and the banks the first but it keeps swapping over one minute im the 2nd def next im the 1st def.im so confused and dont really understand what is going on.all i know is i didnt steal his money and would never do something like that .

[saviour1263]

i just feel so guilty that money was that chaps not mine ,i cant understand why the bank didnt phone me up earlier or take the money out straight away, im going to court as it is the right thing to do .

[letsdothis]

I have alerted the site team to this thread to see if they can help you out or not.

 

If you are the second defendent, it is possible the bank will be there tomorrow to defend their own actions.

 

Now that you have said the above, I would have thought, technically the bank were at fault, and they should handle it rather than you. If you owe any money, surely it is to the bank, as it was not your doing.

[letsdothis]

i just feel so guilty that money was that chaps not mine ,i cant understand why the bank didnt phone me up earlier or take the money out straight away

 

I think that is important, I would have expected the bank to have done the same.

[saviour1263]

The guy wants his money back. Did he not write to you previous to the court summons?

 

alll i had was the phonecall about 3-4 weeks after ,i almost fainted when they said .

[saviour1263]

I have alerted the site team to this thread to see if they can help you out or not.

 

If you are the second defendent, it is possible the bank will be there tomorrow to defend their own actions.

 

Now that you have said the above, I would have thought, technically the bank were at fault, and they should handle it rather than you. If you owe any money, surely it is to the bank, as it was not your doing.

 

when i [phoned the bank up a few weeks ago they said they werent going and didnt know anything about it and it was my problem it was only when i said they got to go etc and they were named in the court papers that they said they were going

[Tonka99]

Ok

 

It would appear from what i can make out that this chap is taking

both you and Abbey to court at the same time so it would be in

your interest to attend court tomorrow to put your side across to

the judge so he can see that it was a mistake on the banks side

seems a big mess, pity you didnt ask for help before but if it where

me I would go to court tomorrow they will not do anything to you or

your family and it can be sorted so you can get on with caring for

your family .

 

I wish you the best of luck

 

stay calm it will be alright

 

Regards

 

Tonks:)

[saviour1263]

i did put something up a few weeks ago but noone answered i thought noone wanted to know and everyone thought i stole the money

[saviour1263]

thank you very much tonks and letsdothis ,will i get arrested for this ,im so worried ,i will let you know what happens

[letsdothis]

will i get arrested for this

No - It's a court case only to get the person's money back. There is no reason whatsoever that I can think of, as to why you would get arrested.

 

Worse case scenario, the Judge makes an order for you to repay the monies you have received in error. Then you can tell the judge that you can only afford x amount per month to repay it.

[saviour1263]

i should be arrested for being stupid ,i brought my children up to be honest truthful and never do anything wrong or illegal i feel like i let them down i just didnt think , it looked like a rebate and cleared my mortgage arrears and bills too and treated the kids ,they dont get much in the way of treats .

[saviour1263]

i'd better go to bed but doubt if i will sleep but thank you both very much .im petrified .ive had probs before with council tax and bailiffs but never anything like this

[saviour1263]

before i go what happens if the bank dont show up ,because thy were saying that they werent going too and this was my problem

[letsdothis]

i should be arrested for being stupid ,i brought my children up to be honest truthful and never do anything wrong or illegal i feel like i let them down i just didnt think , it looked like a rebate and cleared my mortgage arrears and bills too and treated the kids ,they dont get much in the way of treats .

 

It all depends on what happens tomorrow.

 

Did you pay the money into your account - No

 

Did the bank pay the money into your account - Yes

 

The only thing that you have done is wrongfully assumed it was a tax credit rebate.

 

The Judge could of course say that any person that received this amount of money, must have thought hang on where has this money come from?

 

You have already said the reason why you thought you had received it.

 

There should have been protocol followed, ie letter before action etc

 

I think the bank are at fault and any money you owe (as technically you do) should be between yourself and the bank.

 

I would hope that the bank would repay this tomorrow and then approach you to repay it rather then let you carry the can.

[saviour1263]

i hope your right ,goodnight people

[citizenB]

You wont be arrested and neither do you deserve to be arrested.

 

letsdothis has posted sound advice.

 

You believed the money to be a tax credit rebate. This was a reasonable assumption as you have had these rebates in previous years.

 

Just explain things as they genuinely are.

 

Can you please come back and let us know exactly what happens in court today, regardless of the outcome.

 

What time is the hearing ?

[summerbreeze]

Saviour I feel for you and I know how scary it is to go to the courts.

 

Remember this is a CIVIL matter . Its a claim against you and NOT a Criminal trial so there is no reason that you would be arrested.

 

Try to be as calm as you can. If you disagree with anything that is said in the court ask the Judge if you may make a comment .

 

Call the judge ' sir' or 'madam '

 

Try to state your case without being too emotional . The Judge will ask you for your version of events. Just be factual . If you dont have all the paperwork you need then show what you have.

 

Have you made any copies of the documents you plan to take with you ?

 

Have you done an Income and Expenditure sheet ?

 

Maybe this post is too late to help ? Sorry if it is .

[saviour1263]

i got totally screwed ,

the bank that caused all this got away scot free ,

did anyone see police academy where captain harris and the other guy was kidnapped

and the scene on the boat was dont shoot me and a quick nod to the other chap ,

this is what my bank done to me today ,

 

 

i have to repay the money in 28 days or get a judgement ,

the chap outside called me over and said he wont wait for 3 yrs to get his money

unless i give him large payments he has a case lodged with the police against me

and i will get arrested for theft ,

 

 

the judge didnt want to see any proof off me

he said before i even gave my evidence that i would have to repay the money

he wasnt interested in anything i said and spoke lots of legal jargon ,to the other ones

 

 

i felt intimidated ,the bank got totally let off and left me to face everything.

they didnt want to know about taxcredits etc

i looked for the forms till 3am and he didnt even want to look at it .

 

thank you all very much for your advice ,

it made me feel much better even tho the outcome was the same ,

i can see now why people do themselves in over debt

 

 

im definatley worth more dead than alive and my son could get his operation with a lump sum for buying himself a cheap house somewhere

,i will find the money from somewhere to repay it .maybe a night job ,

but it will have to be massive payments and he wont accept £2.00 a week more like £500 or more a month

but i will get it wonder where the redlight district is up here and do they accept men

,is there a minimum wage and pension scheme .

i dont know how im gonna look after my kids at the same time