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 payed 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 copy 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?

Hi and thanks SFU poc is here photobucket I have been unable to find a resource for please in law so am at a total loss:(

Hi SFU could I get your thoughts please. SHERIFFDOM OF XXXXXXXXXXXX Court Ref. XXXXXXXXXXX MOTION FOR THE DEFENDER in the cause of Bottom feeders inc PURSUER(S) Against Me DEFENDER ANSWERS TO CONDESCENDENCE 1.The defender does not reside at the address stated in the instance and had not done so for the 3 months immediately prior to the raising of this action. Other averments regarding the defender are admitted. The existence of jurisdiction is admitted. Quoad ultra not known and not admitted. 2. a. It is admitted that on xxxxxx defender entered into a Conditional Sales Agreement with British Credit Trust for the purchase of a motor vehicle. b. It is denied that the defender failed to pay as agreed and is in breach of contract with said suppliers. c. It is explained and averred that the defender satisfied the terms and conditions of the Conditional Sales Agreement with British Credit Trust by paying over 50% of the amount owed and, through voluntary termination, as set out in the terms and conditions of the agreement, returning the vehicle to the appointed agent of British Credit Trust on the agreed date and in a satisfactory condition. d. The defender will be relying on documents, yet to be received, that the court has directed the pursuers to produce and holding the pursuers to strict proof.

Ok I'm getting somewhere. Went back to the court and spoke to CAB who spoke to the clerk and I managed to get a copy of the original summons that the clerk told me over the phone yesterday the court did not have Photobucket I believe I can file a defence now but would appreciate help with the wording 1. I was not resident at the address stated when the summons was issued but recognise the jurisdiction of the court. 2. I agree that I entered a conditional sales agreement with British Credit Trust but disagree that I failed to pay as agreed and am not in breach of contract. I voluntarily terminated the agreement after having paid over 50% of the total amount owed and returned the vehicle, in good condition, to the supplier in accordance with the terms and conditions of the agreement.

This is getting messy, the clerk has just told me that the recall was granted and continued whilst the pursuers sought instruction, it was then continued yesterday for 4 weeks. The pursuers have to provide me with paperwork within those 4 weeks but I have to submit a written defence within 2 weeks. The clerk also said that they don't hold any of the paperwork relating to the original hearing as it all gets sent to the pursuers after a decree is granted.

Thanks, I'll do that first thing tomorrow

Thanks SFU I'm getting a little confused now. I haven't had a claim form served on me. Today's hearing was a continuation from the recall of decree. I haven't seen anything that suggests the debt exists and I've had to state my defence in court without hearing the reasons why MCE are pursuing me. Any advice on where I go from here would be most welcome.

Back in court today. MCE Sols claimed I hadn't recorded a defence and asked for the decree to be reinstated, Sheriff refused pointing out that sols were supposed to be asking their client for instruction. Sheriff then asked me to outline what my defence would be. I pointed out that I had not received the paperwork I requested and asked specifically for a statement of accounts and default and/or termination notice which the Sheriff ordered MCE to provide. I have to provide a written defence by the 5th of May so any help with wording that would be great. My defence is that: 1. I satisfied the terms of the agreement through voluntary termination after paying over half of the amount owed and returning the vehicle. 2. The vehicle was in good condition, mechanicaly sound with a current MOT when collected by BCT's agent.

Hi flapjack Some one will be able to advise you soon. I think things have slowed down for the Easter break. One thing this site has taught me is that despite all the scary threats there is not much these people can do to you that really matters but there is probably a whole bunch of stuff you can do to them that they won't like at all. Try not to worry, one of the site team will be here to weave their magic just as soon as they can :grin:

Thanks SFU I have tried asking my former bank for the relevant information but they are claiming they no longer have it. I suspect I will have to go down the SAR route to get it from them. As things stand I have received nothing from MCE to show the aledged debt even exists. Would they try to claim in court that they had sent me far more than I actually received? Do I smell a rat or am I just being paranoid?

Thanks for that. BCT initially claimed I had paid less than 50% then claimed accident damage after I corrected their maths. I disputed the damage claim and heard nothing further from BCT. The case is due back in court on 21st of April, will I need to ask for a sist whilst MCE deal with the IA or is that MCE's problem?

Thanks Ida, you rock (as always)

Hi Ida I received a letter from MCE's sols containing First Inventory of Productions for Pursuers. I have uploaded to photo bucket: Photobucket. All documents were 1 sided and also contained a copy of the original direct debit mandate but no info on payments made or my voluntary termination of the agreement.

Hi Ida, I didn't hand over an IA, the Sheriff directed MCE to provide me with copy's of the original agreement and all correspondence they hold relating to the account. She set a date of 21st of April than asked MCEs Sol if that was sufficient time for them to comply.

I had my decree recalled this morning. Sheriff ordered MCE to hand over a copy of the original agreement and all correspondence and phone transcripts. I take it this would count as an incidental application or do I need to go further? Date has been set for 21st of April. On a personal note I would much rather step back into the ring than go to court. I got exactly the same rush of adrenaline but, apparently, I'm not allowed to punch anyone

Thanks Ida, if bct don't send me a cheque for the £10 can I send a DCA after them ?

I've had a response from BCT to my SAR saying they've cashed my PO but will be sending me a Cheque for £10. They closed the account on 7/12/2005 and sold it to Marlin finacial on the same day. They no longer hold the information I require and have only "salutary" details on file. Do I accept this or keep pressing?

Don't be afraid to question this gerb49. If Highlands council are anything like Edinburgh City Council then they will be just as confused as to what they think you owe or even what planet they're on. I am in exactly the same position and asked ECC for a statement covering the period, 2001-2004 in my case. They have given me a statement that shows I made a payment in 2000 towards my 2002 bill and also shows charges of £75 on a year that had no defaults or summary warrant. They are also unable or unwilling to tell me what a miscellaneous charge is for. I would like to SAR both ECC and Scott and Co but am unsure of how to amend the SAR template that seems to be specific to CCA's. Is there a general SAR template?

Thanks again Ida. Win, loose or draw I'm starting to enjoy this

Today I received a Notice of intention to Serve Charge and Attachment from mce portfolios sols followed 10 mins later by a phone call from a Sheriffs officer to say they had successfully served my minute of recall and that I can collect the certificate. Am I right in thinking that everything will be put on hold on hold until the hearing or is there anything else I need to be doing?

If you left me alone in your house whilst you poped out for some milk and you came back to an empty house I have no doubt that I would be arrested and charged with theft but not breaking and entering. I failed to see why the police won't regard what happend to you as theft untill I considered that it might inconveniance the banks and make recovery of the money a police problem rather than your problem

Hi Ida, the hearing is a summary cause recall of decree. Thanks again for all your time and effort. Its greatly appreciated :grin:

I have sent a SAR to bct and have submitted my minute of recall to the Court. I have been given a date in 2 weeks time but am worried that I will have no information back from the sar by then. I currently have no paperwork relating to the hire purchase and am not 100% certain of what year I bought the car. I can outline events that led to the dispute but will my word alone carry any weight?

Thanks Ida I'll get right on it

Thanks for responding, I assume the decree was sent to my previous address. I only found about it from the solicitors letter demanding payment that I received in December last year. When I contacted Edinburgh Sheriffs court they initially told me that there was no record of the Decree. I checked my credit file with Experian and there was nothing showing. I received a further letter last week saying that as I had not responded (as advised by a solicitor) they were going to instruct Sheriffs officers to proceed against me. I contacted the court again and they managed to confirm there was a decree granted against me. I discovered that Equifax has the Decree recorded but it's still not showing on Experian. I will send the sar request immediately.