User457
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Earnings Arrestment / Car Repo - Advantage Finance
User457 replied to User457's topic in Scotland Financial Legal Issues
Hi Andy Yes that’s it, had read up about this over the weekend, seems like a logical move but not 100%. On another note, I do have a little experience in this, we won a case not so long ago against cabot, with the help and advice from both you guys ! I'm sure you guys can find it but heres a link... https://www.consumeractiongroup.co.uk/topic/408156-cabotnolans-spc-claim-old-next-cat-debtclaim-dismissed/?do=findComment&comment=4917681 Well aware of what is required for you to assess and make a judgement, just bear with me and i'lll get it all uploaded. -
Earnings Arrestment / Car Repo - Advantage Finance
User457 replied to User457's topic in Scotland Financial Legal Issues
Thanks for your help guys, I don't have a copy of the decree ? I do have the SPC from before, its pretty lenghty but I will get it scanned and uploaded asap. Should I register a Moratorium ? From what i have heard it stops creditors taking any diligence for 6 wks, just now 6 months due to CV-19 ? -
Earnings Arrestment / Car Repo - Advantage Finance
User457 replied to User457's topic in Scotland Financial Legal Issues
As i said, i basically just ignored them, thikning worst case they would take the car, I got the SPC pack nad did nothing, I assume they got the decree to return the veicle as thats what the Sheriff Officers letter states, however I wasn't aware of the earnings arrestment that followed ! The earnings arrestment ooks pretty legit, it referes to a decree granted ? scan-converted.pdf -
Hi All I've been burying my head in the sand with this, I had to stop paying the HP payments on my car as I couldn't afford them. The car has now been collected by a sheriff officer, I thought that the car would be taken to auction and sold, the proceeds from that sale go to original lender then they would adjust interest etc and potentially chase me for the rest, however the day after the car was collected I was given a letter for an earnings attachment for the full amount ? Now thankfully the employer details they have are incorrect but it won't take them long to track me down, question is, can they do this for the full amount ? Also, am I legally obliged to disclose where I work ? And on another note, I've heard that to stop the arrestment I should do a Moratorium ? Can anyone advise please ?
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So been back to court again and they have failed to provide anything further with regards to the sale of the debt. I believe they did produce a default notice however sheriff wasn't impressed about the sale of debt. Case has been dismissed (final disposal) however I believe they have 28 days to appeal ? Not sure if they will ?
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Update, been back to court on the 9th, Sheriff was 50/50 with our argument about the sale of the debt being incomplete, ie not a full copy plus missing signature from the original creditor. Finally agreed and has given 4 wks for them to come up with the correct paperwork or case will be dismissed. Still haven't argued the failure to provide default notice so hoping this will be the end of this matter.
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They applied to the court to change date of assignation and sent along the contract of sale between the OC and Cabot, apparently there is something wrong with this , I’m unsure exactly what but I’m sure will will find out. There’s also the no default notice, they're claiming they don’t need it as only claiming arrears on account. .. just a shame the arrears amount to the whole balance !
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matter is still ongoing, got a hearing date of 9th May, this is for hearing that my solicitor has requested due to the sale of the debt. Will update once we have been to court.
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I hope not, no win no fee with me covering out of pocket expenses for court appearances approx £30. Rest of fees will be claimed from other side.
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I have now instructed a solicitor to deal with this matter, hopefully this will finalise it.
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So, Can i just put that the order shouldnt be applied as no default notice has been issued and I believe this should have been done ?
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Hi Andy I understand it, from a lay point of view, dont know how to word this on the response ?
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Had a scan through that, not much mentioned in annotations about default notice ? I also has a look at this but can't make much sense of it ? https://www.legislation.gov.uk/ukpga/1974/39/part/VII/crossheading/default-notices
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Apologies Andy, not exactly sure how to approach this ?
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Any advice on the default notice Andy ? Dx has made some valid points above but not sure what to say about default notice, or lack of it ?
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