Shoosmiths on behalf of RBS

[Whistling Wind]

Whatever are the above up to? We (husband and I) opened a joint current account with RBS many years ago and never thought it would lead to the trouble we're in now. For complex reasons (not of our making) we found ourselves unable to repay the authorised o/d balance which had built up. RBS pursued my husband last year with the result that he received a CCJ. I should perhaps mention that we are using a debt management company, for this and other debts, who have served us well and with whom we have no reason to find fault.

Nearly a year later, this summer, we received notification that RBS wanted the court to reconsider this judgement. This time we attended the court, as it was in our home town, only to hear the judgement that a charge be put on our house. The debt is for about £7K to which the costs of RBS' lawyer were added. It seemed we had no choice but to accept the judgement, as we haven't got the money to pay, and assumed we would hear no more. (The debt management arrangements have remained in place during all this fiasco). A few days ago, however, I myself received a terrible shock in the form of a set of fresh Claim forms from Shoosmiths addressed to me alone for a fortnight's time at a court some distance from our home. In other words, having pursued my husband and got nothing out of him, they are now trying it on with me, his wife! Due to ill-health caused by stress I had to give up my career thirty years ago and, as I have never claimed a penny off the State and do not receive any pension in my own right, there is precious little chance of my being able to repay either!

Why are they hounding us like this? They've already got a judgement on this bank account (even if it is unsatisfactory to them). Surely they should accept the Judge's decision as final? What have others' experience been in this type of situation?

[frisp]

Re: Shoosmiths on behalf of RBS

I don't think they can get a 2nd judgement on the same debt, have a word with your local TS and Citizens Advice

[Whistling Wind]

Re: Shoosmiths on behalf of RBS

Many thanks frisp for your quick assistance. You've helped me to put my fears into perspective. Sorry to seem dim but I can't think what a TS is? Can you advise? Thanks.

[Amethyst]

Re: Shoosmiths on behalf of RBS

Hiya xx

With the first judgment they obtained against you do you know if this was a forthwith, or an installment order ?

If it was forthwith and you couldnt pay, then the second hearing would have been for the charging order application, and possibly redeterminiation (to set installments at the rate of the payments being made by the Debt management company on your behalf).

This new set is probably trying it on but I would check with the debt management company that the payment is still being made.

The forms you have received - are they official claim forms stamped by the court ? If the hearing has already been set then you will need to contact the court and tell them this is the first notification you have had, you havent received the court forms or had opportunity to acknowledge or defend the claim.

(TS = trading standards )

[Whistling Wind]

Re: Shoosmiths on behalf of RBS

Hi, thanks for replying. We understood the first judgment to be the instalment order. Not that it was needed because they had seemingly agreed the amounts with our debt management company already and we know that the payments were and are being made. The forms received at the end of last week were official ones stamped by the court and giving me a fortnight to reply. We are wondering whether Shoosmiths have simply neglected to look through our case records properly and some 'jobsworth' has bunged papers through without a second thought for the consequences, for me, of their carelessness. Looks very unprofessional for solicitors to behave in such a way. As for RBS......the less said the better!

[Amethyst]

Re: Shoosmiths on behalf of RBS

With a joint account you would be jointly and severably liable, so yes they can try to sue you both.

On the initial claim in the responses you gave did you put the household income or just your husbands part ? I presume it was only addressed to him ?

If you have a search on here for Ruby's thread - she had RBS suing her and her husband seperately (using two seperate solicitors shoosmiths and irwin mitchell) for the same joint debts (an overdraft and a loan).

She ended up with one charging order covering the full amount, but both her and her husband make payments each month.

Might help a bit too


Re the court - I suspect its Northampton ? which is simply the bulk processing centre, and when you put in your defence it will be moved to your home town court.