Thread: Help needed Sheriff arrived today re Asset Link Debt!

Hope someone can help. We used to live in England at previous house where we bought a conservatory. Bought it via a credit agreement and paid 50% balance o/s was around £15k. Did not pay due to lots of leaks and we sold house anyhow and moved to Scotland in 2006. Asset Link Capital were sold the debt, and managed to get a CCJ via the courts without our knowledge in Cardiff. We did try to get it struck out as we were domiciled in Scotland by then but Judge would have none of it and said we should have notified them of our move and would not strike off!
That was the last we heared until Sheriff turned up today giving us 14 days.
They left with us a schedule of Inhibition plus a charge for payment of Money.
Absolutely frantic!! do not know what to do as we do not have that kind of money. Husband is un-employed and I only work part-time. Any help would be appreciated on what to do now.

Hello Ida, sorry for not getting back but was struck down with very bad flu and been in bed most of last 10 days. I am concious we neeed to deal with this matter asap. I have got a copy of the credit agreement, sent by Link financial, regulated by CCA 1974 dated September 03. My signature is on it but the signature of my husband is definately not his. The total credit was 14,562.45 apr 12.7 and within that amount they also sold us protected payment premium of £1,062.45 and do not know what that was for. Not sure if there any grounds to dispute. Link have also sent me a statement showing they are charging interest at 15.2% plus there are numerous charges including failed direct debit charges which they claim my bank charged them? seems a bit strange. Have not got all the written details of complaint but have the guy's name who dealt with the issues at Zenith windows who installed the conservatory.

HI need to know next step if someone can help! Many thanks

thanks for this I will send SAR tomorrow and do an income expense list in the morning as I am not at work tomorrow and make a small offer of payment .The sheriff Officer is based in Aberdeen which is miles away from me. couls I fax and send original recorded next day?

Just another thought, can I dispute charges once I have admitted and made an offer? Also should I mention that I have sent a SAR?

Thanks IDA will get onto it first thing tomorrow. I assume the messenger at arms. James Reid & Son, on the documents in Aberdeen is where I send the paperwork. It is not very clear.Link Asset have instructed \\mellicks in Glasgow who I assume are solicitors to act for them so should I send SAR to them? sorry to be a pain but do not want to put a foot wrong.

Thanks IDA can I take this to any court?

Our nearest sheriff court is in Banff, NE Scotland so I assume I take the time to pay order to them?

Phew what a day! Completed all paperwork for the time to pay order x 2, filled in a budget sheet (used one provided by national debt line) sent SAR recorded delivery to Link with £10 postal order. Let the sheriff and the solicitor know what was happening and copied everyone in on everything, and took papers to court. There was an initial concern by the sheriff court office that there was a limit of £10k as apposed to £25k for the application and after numerous calls to some stroppy solicitors who knew little about the process it would seem it was agreed £25k was indeed the limit as is published on the national debt line fact sheet! wasted a load of time and was very stressed at one point! Have offered the maximum we can afford for now of £25 per month so I guess we now wait and see what comes back. It seems to me having gone through difficult times in the last 18 months that even though it may seem a good idea to pay for a solicitor most of the time with sound advice you can in fact deal with things yourself and save a fortune!

Hello Ida no worries at least it is sort of under control. The balance is now£19k. and I know they have been adding interest of around 15% when the original agreement showed 12.7% so not sure if that is valid. The PPI figure was £1062.45 and I still do not know what it was for but will wait to see what comes back. Th original finance co was First National Bank. Hope this helps and I will start to read up on the PPI issue.

Hi Ida, had response from court and the offer has been declined. Copy letter from Mellicks solicitors in Glasgow basically said offer wholly inadequade. They, claimed that because we originally attempted to get set aside in 2008 due to duristiction, and this is the history, that a time to pay order in favour of applicants would be unreasonable especially the amount of £25. Court hearing on 23rd so next week. Had reply from SAR from asset link with statement and copy credit agreeement. We offered £25 per month all we can afford at the moment. I am part time and husband on Jobseekers.
The statement of account shows loads of charges, an 'adjustment' £130, Fees £310 totalling £785. In addition there is £1062.45 insurance. Not sure what to do now as we cannot pay any more.

on another note the signature on the agreement is not that of my husband. Mine is on there and as it was 2003 cannot remember circumstances now. I think it was all via post.