weedel76
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Everything posted by weedel76
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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?
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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?
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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.
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Ok I will do. I really appreciate the help, and sorry im making this longer than needs be.
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Glasgow
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Yes. That it. I stupidly don't have a copy but I remember the boxes. Saying monthly fortnightly etc. And it was form 03.
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The letter came from nolans solicitors and all the paperwork had the court name at the top. Recorded signed for. I completed form 03.
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Oops sorry.
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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.
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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
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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.
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Thanks so much for your help @dx100uk. I really appreciate the guidance
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Hi dx100uk. So the time order route is not something that will impact on my credit file then? I just want to be sure.
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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.
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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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Hello Everyone I started getting letters from Nolans probably around 2 months ago about a Personal Loan debt that was from years ago. The debt is not on any of my credit files so it was a surprise to get a letter from a sols about it. Its a Sainsbury's Bank Loan for £16k that i took out on 9/7/09, very shortly after (around 6 months lost my job). I had been making token payments of £20 per month to originally Blair Oliver & Scott who after around 1 year, passed the debt to Cabot around Nov 2011. I continued the £20 per month till around Jan 2016 then I lost my job again, and couldn't pay at all. If I am being honest, i thought due to the time since i took it out (8years ago) and the fact that it was off all 3 credit files (equifax/Experian/Callcredit) It had been written off by the creditor. Im always weary with debt letters as the terminology is always "we may" and very rarely "we are doing" but being so close to having a clean credit file the letter has came as a bit of a scare. Any advice? I can post a copy of the letter with personals omitted if it helps?
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Sounds great! however, banks are not daft. When they see a standard template letter on plain paper they will know its a "punter" using a template from a website, and that the "punter" probably doesn't know for sure what they are due. So, how do you know that the lenders have not just bought you off with a small first offer on each case? If i was a lender, I would offer a much smaller amount to start with in relation to what could be my maximum exposure, and hope the client accepted it. Thus, Client thinks they won, but in fact bank won cos client could have been due much more and did not know. Just a thought.... Give a man a gun and he will rob a bank, Give a man a bank and he will rob the world! Well done tho nice wee payday for you!
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Old credit cards I have had..Can i claim back?
weedel76 replied to weedel76's topic in General Debt Issues
Cheers R As I was thinking.. Just typing my cancellation letter the noo.. -
Old credit cards I have had..Can i claim back?
weedel76 replied to weedel76's topic in General Debt Issues
Cheers 4 the prompt reply Rory With regards to Mortgages this advisor asked me what the payments were on my previous mortgage.. I told him 800 over 24 months..(only stayed 2 yrs n settled) he grabs calc and says he should be able to get me a cheque for 18kish as all the details I gave him previous abput my mortgage had passed underwriting with 1 of these auditing companies.. My 2 current cards pre 2007 again have passed there underwriting. 1 has £3200egg and 1 has £3500barclaycard.. he is looking to start claiming all my previous settled cards around 8 as he thinks these to will be underwritten due to the lenders and his previous experiences with them for clients. I hav'nt signed yet but am due to in next day or soand just wanted other opinions on this.. Again thanks in advance. -
Evening all Wot a cracking forum with an amazing wealth of knowledge and expertise!! I am completely new to this whole pre 2007 and unenforcable credit agreements, and have been reading thru the posts and success stories most people seem to have..Truely amazing that the little guy ca fight back and WIN!! I wos wondering is it tru that agreements even ones which you have closed can be claimed if they were unenforcable?? I have had various cards and a personal loan for 16k in the past as well as a couple of mortgages and am being advised that all these can be claimed for capital payments and interest paid etc if agreements wern't correct in full which seems to be the case alot of the time?? Thanks in advance for any light you can shed.:)
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