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weedel76

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About weedel76

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  1. It's for around 16k plus now the court and solicitors fees. Can this be rewound at all so I can offer more on a time order and not be where I think I am, which is nolans/Cabot can arrest my wages etc. I left the court with nothing so I as yet have no paperwork to show you. In some cases the judge used the term decree and in some "open decree" is there a difference?
  2. I attended my court appearance for my time to pay application and was served with an open decree. Cabot had rejected my offer of 30pm as this would take too long to pay back on a 16k debt. I offered 50 and the judge didnt accept that. I was then given an open decree. Whatever that is. So i guess thats me stuffed?
  3. I called the sheriff court. The young lady I spoke with was very nice and said I have been asked to attend as Cabot financial has rejected my offer of £30pm, the judge will just want to see if im able to afford more. The letter to attend is stating that I have made an "application for a time to pay direction" when i asked further the girl checked and said it is under the debtors scotland act 1987. if I can attach a picture I will. If attending court under my current application ensures I DONT get a CCJ, even if I have to pay a little more say £50 then I will be ok to let things role as they are. Of course any advice would be gratefully received.
  4. Ok I will do. I really appreciate the help, and sorry im making this longer than needs be.
  5. Yes. That it. I stupidly don't have a copy but I remember the boxes. Saying monthly fortnightly etc. And it was form 03.
  6. The letter came from nolans solicitors and all the paperwork had the court name at the top. Recorded signed for. I completed form 03.
  7. I have to apologise. I think I have been confusing you and me. I have been mixing the 2 different routes up. I have checked the paperwork and what I appear to have done is NOT apply for the time order as u suggested but in fact time to pay for debtors 1987. I was filling the time order route out and it asked for a copy of the regulated agreement which I did not have. So I filled out the other form which was applying for a time to pay direction debtors Scotland act 1987. I have been confusing the 2 in my previous comments. But this is the case. It's an ordinary action.
  8. Hi dx100uk sorry for disappearing. I was sent a form from the courts giving 2 options either a time to pay direction (which I think u suggested i apply for) or a time order under CCA1974. I was planning to follow your instructions and apply for a time to pay direction but it was also asking for copies of the agreement that I did not have. Also 1 had 1 or 2 days before my time was up to respond and I was going abroad for xmas I ended up using the time order application from the CCA1974 only because it did not request proof of agreement. I hand delivered it to the court and like I say now have a citation to appear in person on 22nd jan. Just wanted some guidance from here. I apologies again for appearing casual on this it was more holidays and work getting in the way. Thanks again
  9. Hi again. Following on from previous advice I applied for time to pay and suggested I think it was £30per month. I think I applied for time under the CCA1974 and not a time order as such. I have now received a court citation to attend regards my application. Is my attendance normal? I was expecting to be able to close of this matter via post. When attending is there anything I should be prepared for, or is my attendance just to confirm my income and expenditure and thrash out a monthly payment? Thanks for any guidance.
  10. Hi dx100uk. So the time order route is not something that will impact on my credit file then? I just want to be sure.
  11. Hi @dx100uk thanks for clarifying. today I got court paperwork through via nolans/cabot with a form 07 and 03. I don't want to challenge this as I'm in the process of buying a house and my entry date is may18 so don't want any mortgage acceptance issues. I called nolans who raised the action on behalf of Cabot and they said I need to send the stuff back to the court with an offer to pay. What I want is to make an offer each month of say £100 that doesn't give me a CCJ or damage my almost perfect credit file. Will returning the form 03 asking for "time to pay direction" ensure that I don't get a CCj?? There is also an option to pay monthly via a "time order" from the CCA1974. I just want to be able to offer a monthly that doesn't harm my file. What is the best safest option. Ps I don't have the money to pay In full.
  12. thanks PIXeL_92 I am just unsure whether to ignore the letter, as the wording says "TAKE NOTICE that unless you make payment of this debt IMMEDIATELY application may be made to the courts to issue a SHERIFF COURT SUMMONS against you" they say may.... i guess i will hold off and see what else gets dropped throught the door. Cheers
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