very old B+B mortgage shortfall CCJ - order to attend court - help!

[divadeb]

dx100uk .......sent them, thank you.

[dx100uk]

..

[AndyOrch]

So the court has accepted their application and granted the order for questioning...just reading the thread from the beginning...there appears to be confusion with regards to Limitations and Mortgage shortfalls...in your case diva as its Capital the limitation period will be 12 years not 6.

 

Go along to the Questioning......dont forget to claim your travelling costs and if you are working ask for loss of a days pay (up to £90.00)...take the requested documents and also draft a summary of events and how long this has being going on...provide as much history and details as allowed...be aware the DJ will not know any history of the case...just the Judgment number and amount.

 

Explain how the property was sold vastly under market value after repossession...how the figures have varied over the years...interest added interest removed discounts offered of 15K...name all the companies involved which have caused you sever stress and health problems.......bring into the mix that its a joint mortgage debt and that your ex does not appear to have been treated the same etc etc.

 

Let him summarise all the above and from the figures you provide he can order a monthly payment...taken into consideration the conduct of the claimant...if its fair and reasonable just pay it for ever..if its not reasonable...well you cant get blood out of a stone and there is not much further they cant tack this after this hearing.

 

Andy

[divadeb]

Thanks for the reply Andyorch. My ex has been served with the same papers as me. Will this be the same as the last time I went to court a few years ago, I just had an interview with some clerk in an office and had to fill out a long IAE form and make an offer of payment? Why do I feel so nervous and sick......this is playing havoc with my health.

[AndyOrch]

Thanks for the reply Andyorch. My ex has been served with the same papers as me. Will this be the same as the last time I went to court a few years ago, I just had an interview with some clerk in an office and had to fill out a long IAE form and make an offer of payment? Why do I feel so nervous and sick......this is playing havoc with my health.

 

Yes same again...but it would be preferable if you could see a judge rather than a clerk to get your information across.

[AndyOrch]

As the hearing is 3rd August you must submit your travelling expenses within 7 days of receiving the order

 

Travelling expenses

71.4

(1) A person ordered to attend court may, within 7 days of being served with the order, ask the judgment creditor to pay him a sum reasonably sufficient to cover his travelling expenses to and from court.

[divadeb]

If there was PPI on this mortgage could I try and claim it back to pay off what I owe them ????? I know it's a long shot lol

[AndyOrch]

If there was PPI on this mortgage could I try and claim it back to pay off what I owe them ????? I know it's a long shot lol

 

Possibly but dont get bogged down with that just now...deal with problem in question.

[divadeb]

I'm having difficulty getting hold of credit agreements for a couple of credit cards I had.

 

I applied for the cards online and fell in arrears abut 2 years ago.

 

I have tried to get online but the account is blocked.

I know the debt has been sold on but I ignored the calls and for now they have given up.

 

The judge has asked me to bring in credit agreements to court with me on Thursday but I don't have them.

I do have some paperwork from when they sent me my cards....will this be enough? Thanks.

[AndyOrch]

I'm having difficulty getting hold of credit agreements for a couple of credit cards I had. I applied for the cards online and fell in arrears abut 2 years ago. I have tried to get online but the account is blocked. I know the debt has been sold on but I ignored the calls and for now they have given up. The judge has asked me to bring in credit agreements to court with me on Thursday but I don't have them. I do have some paperwork from when they sent me my cards....will this be enough? Thanks.

 

Not your concern to supply credit agreements...just run current statements

[divadeb]

Andyorch......I can't get online to get a statement......I don't get paper statements anymore. Thanks for replying.

[dx100uk]

printout from credit file of all your debts showing.

[AndyOrch]

So you dont have a current bank account ?

[divadeb]

Yes I have a current bank account but the cards are nothing to do with bank.....there vanquis cards.......I will get a print out of my credit file, Thanks for your help.

[AndyOrch]

They want information with regards to your current financial position...

[divadeb]

They have only asked for wage slips, rent book and credit agreements. The only thing I haven't got is credit agreements from vanquis.

[AndyOrch]

They have only asked for wage slips, rent book and credit agreements. The only thing I haven't got is credit agreements from vanquis.

 

Then thats all you take with you

[AndyOrch]

Have you requested your travelling expenses....post#181 above ?

[divadeb]

No I haven't asked for travel expenses as I only live 5 mins from the courts unfortunately lol

[divadeb]

Well it's court day today......dont know why I feel sick and nervous. I have got all my paperwork and I have done my own income and expenditure so they can see I'm only left with £143 per month. Fingers crossed for me people and I will report back with the outcome

[honeybee13]

Fingers crossed for you, divadeb, just do your best.

 

HB

[divadeb]

Well my ex hubby and myself had an hour long interview with a lovely lady from the courts.

Nobody from Bradford and Bingley turned up ��

 

She filled out a form for each of us with our income etc, then she filled our out goings.

We showed her all our debts and she wrote them all down.

She could see we was left with just over £140 for the month and sort of hinted to offer £10 each per month, so we did.

 

 

After the interview she told us to go to CAB and ask about bankruptcy as she said we would qualify.

She use to work at Scun Thorpe courts in the bankruptcy department, she was very helpful.

 

 

I'm making an appointment with the CAB to inquire about going bankrupt.

I'm hoping B&B accept our offer, but I don't think they will so we'll just have to wait now.

[dx100uk]

well done.

I question the need for BK without seeing all your debts listed.

poss start a new thread on this?

don't blindly go BK just because someone 'thinks' its a good idea.

 

 

dx

[divadeb]

Well after going to court for financial questioning nearly 2 weeks ago

I still haven't heard anything from Bradford & Bingley.

 

When I went to court a few years ago for the same thing

I had a letter a couple of days later.

 

I'm worried now as to what they might be upto or planning next.

 

Can they take me back to court if there not happy with anything?

So flipping fed up with all this.

[unclebulgaria67]

I should imagine that with staff holidays, there will be a delay in respondlng.

You will just have to wait and see.

 

 

You never know they might just decide to write it off, after seeing that you are not in a position to make any substantial payments.

The £10 payments might not be that economic to collect and if you stopped paying, do they want the hassle of chasing up, with very little more they can do in enforcing the debt.

 

In the meantime, see if yoy can get hold of all information on other debts. Then seek advice about best way forward.