Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)

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  1. #1
    Basic Account Holder vincentcalhoun Novitiate

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    Default Question about Sheriff court decrees and debt selling

    Hi everyone,


    I am pretty sure none of my creditors have ever taken court action against me, but I am still curious about sheriff court decrees and debt selling.

    My question: I have several debts which are now almost 8 years old, and know that the debts have all been sold on, probably several times. If the original bank or credit card company had taken me to court and gained a sheriff court decree against me, would that decree be able to be used by any debt-buying companies who later purchased the debt? Or does each company who purchases the debt have to obtain their own sheriff court decree, in order to legally demand the money?

    Thanks,


  2. #2
    Basic Account Holder comebackjimmy Novitiate

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    Default Re: Question about Sheriff court decrees and debt selling

    As an aside any debt over six years old or five years in Scotland is statute barredicon, which means no legal action can be taken to enforce the debt. Note:

    1. This assumes no CCJ has been granted in which case the situation may be slightly different.

    2. The time starts from the date you last acknowledged the debt or your last payment.


  3. #3
    Basic Account Holder vincentcalhoun Novitiate

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    Default Re: Question about Sheriff court decrees and debt selling

    Thanks Jimmy, I knew that already .


  4. #4
    Basic Account Holder comebackjimmy Novitiate

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    Default Re: Question about Sheriff court decrees and debt selling

    Great.

    I don't understand your question so I will follow your thread to see what others say as it looks like it could be interesting.


  5. #5
    Basic Account Holder vincentcalhoun Novitiate

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    Default Re: Question about Sheriff court decrees and debt selling

    Thanks. Well basically I'm wondering if sheriff court decrees (or CCJs in England ) once given against a debtor, can be used by anyone trying to recover that particular debt, or if they can only be used by the bank/company that originally obtained the decree in court. Does that help?



  6. #6
    Site Team IdaInFife Authoritative IdaInFife Authoritative IdaInFife Authoritative IdaInFife Authoritative IdaInFife Authoritative IdaInFife Authoritative IdaInFife Authoritative IdaInFife Authoritative IdaInFife Authoritative IdaInFife Authoritative IdaInFife Authoritative IdaInFife's Avatar

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    Default Re: Question about Sheriff court decrees and debt selling

    yes they can be 'given ' to other DCAicon's as they can apply for a transfer of ownership at the issuing court.

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  7. #7
    Basic Account Holder vincentcalhoun Novitiate

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    Default Re: Question about Sheriff court decrees and debt selling

    Ok, thanks for clearing that up for me!


  8. #8
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    Default Re: Question about Sheriff court decrees and debt selling

    no problemo

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  9. #9
    Basic Account Holder Little Mermaid Novitiate

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    Default Re: Question about Sheriff court decrees and debt selling

    How does a transfer of ownership work? Does the original creditor that obtained the decree do the transfer, I have never heard of that.


  10. #10
    Site Team IdaInFife Authoritative IdaInFife Authoritative IdaInFife Authoritative IdaInFife Authoritative IdaInFife Authoritative IdaInFife Authoritative IdaInFife Authoritative IdaInFife Authoritative IdaInFife Authoritative IdaInFife Authoritative IdaInFife Authoritative IdaInFife's Avatar

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    Default Re: Question about Sheriff court decrees and debt selling

    They have to apply to the court for the transfer of name, normally this gets put through with no problems

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  11. #11
    Basic Account Holder Little Mermaid Novitiate

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    Default Re: Question about Sheriff court decrees and debt selling

    Hi Ida

    Surely the DCAicon applying for the transfer of name would have to have had the debt assigned to them by the original creditor


  12. #12
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    Default Re: Question about Sheriff court decrees and debt selling

    the oc and DCAicon apply to the court

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  13. #13
    Basic Account Holder Little Mermaid Novitiate

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    Default Re: Question about Sheriff court decrees and debt selling

    Thanks for that Ida.


  14. #14
    Basic Account Holder Gail38 Novitiate

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    Default Re: Question about Sheriff court decrees and debt selling

    my debt was passed to DCAicon and we had a decree. DCA collected full loan amount, not the decree amount?
    is this right? or does the decree wipe out the original agreement?



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