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dpac123

RBS taking me to court - *Struck Out* ** New claim issued by RBS **

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Good luck dpac

x:)x

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Excellent work Andy. Hope it bears fruit. Good luck dpac.


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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Is it today ? Best of luck, dpac


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Very bad day! Application dismissed, CCJ awarded against us for £30k + £15k cost. Forthwith judgement so payable in 28 days. Judge said to sort out a payment plan with Eversheds! To say we are gutted is putting it mildly. My concern is losing my house, which I assume could still happen if today's events are anything to go by.

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Oh dear Dpac

 

Grounds for refusing the application?


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Did he not.....if you tried to claim 4 times against a creditor he probably would.

 

Any how....now to sort and secure payment....submit a N245 and complete the I&E and make a proposed monthly payment

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406098-LEGAL-N245-Application-for-suspension-vary-an-order

 

Your offer of payment should be a realistic easily affordable amount based on your Financial I&E.

 

Stop worrying about losing your house...you have children that reside....never going to happen.

 

Regards

 

Andy


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As the judgment is forthwith I would recommend you get it completed this weekend......they do have a option to reject...hence the suggested realistic offer...if your I&E reflects the same the court can override them and approve.


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You need to make an offer that is realistic and affordable and that does not overstretch you.....has the court/claimant referred to securing the judgment?

 

If not put that aside for now...


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And also dpac are their costs to be summarily assessed or fixed ?


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what is realistic on a debt of £45k? think costs are fixed.

 

What is realistic on your I&E more to the point.


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Well £50 per week or £200 pm will be 18 years...I think that's acceptable by a court/claimant but I don't know what you can comfortably afford.

At the end of the day you can only afford what you can pay.....and they will have to accept.


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I personally think that this is game over dpac...dont waste anymore money trying to defend it....its horrible to lose and to lose to that amount even worse....but you have to put this behind you...sort and finalise payment arrangements and put this behind you and move on.

 

You made them work for it...they only got half of their costs.....


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£200 a month for (effectively) - ever?

 

I'd be getting some insolvency advice before offering anything. You'd be better informed to decide what's best then.

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Well £50 per week or £200 pm will be 18 years...I think that's acceptable by a court/claimant but I don't know what you can comfortably afford.

At the end of the day you can only afford what you can pay.....and they will have to accept.

 

does the claimant have to accept it?

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Oh dpac - what a day. Big hugs my friend

  • Haha 1

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Well £50 per week or £200 pm will be 18 years...I think that's acceptable by a court/claimant but I don't know what you can comfortably afford.

At the end of the day you can only afford what you can pay.....and they will have to accept.

 

Realistically £100 per month is the max we can do. does the claimant have to accept it or can they challenge it?

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They don't have to accept but you should nevertheless make the offer. If you fail to reach an agreement with them then you can opt for mediation. This is done through the court and can be performed via a conference call. If that fails then the creditor can seek to force the forthwith payment (bankruptcy) given that the judge instructed that a repayment deal be thrashed out you should strain all sinews to try and secure one. Then if it fails and you do end up before the old beak again your efforts will stand you in good stead. You could then apply for a redetermination (I think that's what it's called) which is where you ask a judge to decide the monthly amount. In this case they would have to accept the payment but are likely to ask for a charging order as a quid pro quo

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Realistically £100 per month is the max we can do. does the claimant have to accept it or can they challenge it?

 

Then thats all you offer


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