Thread: Help with Recalling a Decree and defending it.

Hi in 2004 I voluntarily terminated a hire purchase agreement with British Credit Trust and handed the vehicle back to their appointed agent after having played back over half of the amount owed, in accordance with the terms of the agreement. Everything seemed to be ok until about 2 months after when bct claimed I had defaulted on the agreement because I had paid less than 50% and I therefore had to pay the £3,400 outstanding. I disputed this and they were forced to concede I was correct. About 3 months later they sent a coppy of the auctioneers report and claimed I was in default as the vehicle had accident damage and was in poor condition . Again I disputed this and pointed out that when I handed over the vehicle it was roadworthy and in good condition for its age also it had no accident damage. I also pointed out that it was the responsibility of their agent to document any defects or damage at the time they collected the vehicle from me (I used to collect and deliver vehicles for a living).

That was the last I heard for over a year until in 2006 a company called Marlin Financial informed me they had taken over the debt. I contacted them and informed them that I had disputed the debt with bct and it was my belief that bct should not have sold on the debt whilst it was disputed. Marlin said they would look into it and I heard nothing more for 6 months until MCE portfolio informed me that they had taken over the debt. I contacted them and stated my position and heard nothing further. I have had several changes of address during this time but assumed the matter to be closed.
In December last year I received a letter from a firm of solicitors informing me they had obtained a decree against me on behalf of MCE. I contacted Edinburgh Sheriffs Court and was initially told that there was no case on record but have just discovered that the decree was granted in 2008. I have the forms to ask for a recall but I no longer have any of the paperwork relating to this matter. Could someone please advise me on the best way to go about gathering the information I need to defend my self?

Hello and Welcome,

Another Mod, IdaInFife's the best one to help you, she's not on-line at the moment but I'll ask her to have a look at this thread when she is.

This thread might help in the meantime........

http://www.consumeractiongroup.co.uk...ecree-ccj.html

Regards.

Scott.

Hiya,

Was the decree sent to your address?


You would need to send a SAR to BCT - this should get you all the info payments and corres that you need.

you can edit this to suit:

http://www.consumerforums.com/resour...access-request-

Ok

Go ahead with the recall. ( please try and make sure you have proof that you resided at antoher address i.e. CT billes etc and keep copies as you may or may not need these.

If and when the decree is recalled and then the balls starts again then you can ask for copies of docs etc but I would recommend sending a SAR asap as sometimes these can produce other things

ok

we need to know exactly what the hearing is?

what kind of judgement was it, small, ordinary or summary cause?

Ida x

ok, this is just for the recall and then what happens they would need to the re-serve the original paperwork and that's when you need to start work

for now I would start reading some threads

http://www.consumeractiongroup.co.uk...rt-wf-all.html

this will show you how to prepare incidental application - asking for docs etc and how the process goes
http://www.consumeractiongroup.co.uk...cotland-3.html

yes, no enforcement can be taken until after the motion for recall.

It may actually be best to start on your incidental application - dependant on the judge - some will grant the recall and fix a date to start again or some will ask for it go ahead there and then but because you don't have the info you need you can ask for another date until you get the info so might be best going armed with an IA to keep that step ahead

Ida x

ok.... that's okay .....


you can ask for everything in the incidental appliaction

lol

well done,

did you actually hand over a incedental application?