1st credit court action

[gles1964]

can anyone advise me please.i had a visa card with marbles a few years ago which i got into difficulty with they took me to court for appx £4000
i have paid over £2000 of this back but now 1st credit have it and are threatening court action.can they take me to court again for the same debt?
do they have a legal right to enforce the original court order as they did not obtain it?
could someone please advise me
thanks.
p.s. this is in scotland if that makes any difference

[Brassed off]

Hi Gles and welcome to CAG

Could you give us a bit more information on this eg did Marbles get a CCJ against you?

If so, have you continued to make payments on this CCJ?

Did you receive any notification from Marbles that 1st Credit would be collecting payments on their behalf?

When did you go to court about this?

[gles1964]

it was about 5 years ago that it went to court . the court and marbles accepted our repayment offer in court. the problem was that our repayments were erratic as our income was erratic due to being self employed. at the time the debt was over £4000 it now stands at £1800 i think marbles were reluctant to return to court as we were making payments and reducing the debt. they did not inform us that they had passed the debt to 1st credit. we have made payments to 1st credit but they are now trying to bully and intimidate us .we do not dispute that we owe this debt but having made serious attempts to clear this debt we are not going to allow 1st credit to bully and threaten us

[Docman]

If you were paying into court, even erractically, why did you start paying 1st credit directly? I think that even under Scottish law, it is up to the creditor to return to court to enforce the CCJ (terminology may differ slightly). I'm guessing but Marbles could have cleared out its old debt by selling them to 1st credit, including debts already in court. The muppets at 1st credit probably don't realise that its already in court. I wouldn't pay them but continue to pay into court and let 1st credit know what you are doing.

[gles1964]

we were paying marbles directly as per court agreement we werent paying to the court

[tifo]

i think you'll find that had you offered Marbles between 30% - 50% of the amount in settlement they would have wrote off the rest.

some years ago they offered me a 30% settlement which i paid and they closed the account with a £0 balance.

[gles1964]

ist credit are now demanding increased payments or they will take court action
can i be taken to court twice for the same debt?

[tomterm8]

the can apply for a variation order, however, if your circumstances have not changed they would not get very far.

has last credit sent you a notice of assignment?