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Everything posted by rory32

  1. You may wish to consider a formal complaint to the OFT under the Consumer Protection from Unfair Trading Regulations and perhaps a word with the police for that matter as well as having a word with your local court regarding the court reference that has been provided, it may simply have been made up. Under the Malicious Communications Act 1998(which applies across the whole of the UK) a criminal offence may have been committed by sending you this text. Personally I wouldn't ignore such things as as a result it will just happen again and again to perhaps people in very vulnerable sit
  2. Umm... I'll put it politely and say what utter twaddle. You have a number of options at the moment. Any PPI would appear to have been missold is it didn't cover you. When was the loan taken out?
  3. Yes, you certainly can. I would only not use it if the loan was secured but with unsecured loans it's fine. What year is the loan from?
  4. Most mobile contracts are not covered by the CCA, so no they wouldn't I'm afraid. Are there any charges on the account? You can claim these back. Some do move the default forward to a different date but you can get this removed if this happens. Credit cards and loan companies don't check more than a few years (sometimes they only check 12 months). It's only really for mortgages that this willeffect you. Completely correct and any DCA that threatens you with this you should report to the OFT.
  5. A certain DCA are having a very tough New Year with me. I couldn't possibly mention their name though
  6. What was the dispute? They may you money if they were making unfair charges on the account. You don't need to act really fast. The letter is designed to panic you, they don't have loads of people roaming the country doing doorstep collection. Have you considered reporting their actions under the Consumer Protection from Unfair Trading Regulations? I did a letter a while ago regarding doorstep collections and telling them to get lost. If you search on my user name and my posts you may well find it as I haven't posted in a while.
  7. You would need to be domiciled in Scotland for a minimum of 3 months before a scottish court has jurisdiction under The Civil Juridiction and Judgements Act 1982.
  8. I would start by reading the following link which fully explains the issues surrounding domicile and jurisdiction as well as a sample defence Can I be sued in England? | free help from Govan Law Centre , Glasgow Regarding getting it set aside I would hit the report button (the little red triangle on the left hand side of your post) and ask the site team for help with the process of setting it aside in an english court.
  9. What a DCA tells you and reality are usually two very different cases as it is here. You will not get arrested and the process for the enforcement of any debt would be as cerberusalert has outlined above. I'm assuming you were told this over the phone. DCA's work on commission and are willing to tell you any old rubbish over the phone to get you to pay them. Do not speak to these people on the phone, conduct any communication in writing only. I would also add that you do not need any qualifications to work for a DCA (well none that anyone would be proud of anyway) and that they have n
  10. It's not actually a sheriff you would be complaining about, it's a sheriff's officer, which I think is where the confusion arose. You can send your complaint in writing to the Sheriff Principal - call your local sheriff court for contact details.You could also make a complaint to the Society of Messengers-At-Arms and Sheriff Officers. The Sheriff Principal has the power to fine and censure the company and individuals in question, as was the case with Stirling Park (owned by the DCA Intrum Justitia no less). The Sheriff Principal is the only person who can take away a sheriff officer’s
  11. What it means is currently they have removed all of the information regarding this account from your credit file including the default. They may reinstate this information if Cap One get in touch with them and sustantiate the default (unlikely knowing Cap One). Equifax will inform you if this happens.
  12. RETIRED policeman John Blair laid down the law when debt collectors would not take a telling. John had been hounded for weeks after fraudsters used his ID for a spending spree. Finance firm 1st Credit were so persistent that John went to the police for help... but the calls, and letters, still came. Debt collector chase ex-cop for cash after thieves steal his ID - The Sunday Mail
  13. No because it doesn't effect their charge on your property as an inhibition does not give a creditor a real right over the property. It simply prevents the owner of heritable property from granting a good title to the subjects. This is what prevents you from selling the property. As long as you keep up to date with the mortgage repayments that's all the mortgage company will be interested in. An inhibition is extinguished under two circumstances. These are your death or after 5 years have expired. However the creditor can just seek to renew the inhibition every 5 years. A decree
  14. N245 is for application for suspension of a warrant and / or variation of an instalment order. There was no instalment order in place to vary as it was a forthwith judgement. Did the court get in touch with you after you had sent them the N245 form?
  15. They can apply for the inhibition immediately after obtaining the decree against you if they so wish. You do not have to have defaulted on any of the repayments set by the court. I should point out though that an inhibition is not the same as a charging order in England. Under an inhibition a creditor does not have a charge on your property and can not attempt to force the sale of your property. It simply prevents you (inhibits if you prefer) from selling your heritable property before settling the debt in full. I don't see any reason why not, although you should seek further advice on
  16. Who did you advise of this and how? Did you apply to vary the judgement e.g. by applying for a time order using N244 and paying the £65 fee (unless you are fee exempt) including full details of your circumstances and a full personal budget sheet with the application? As long as the judgement remains forthwith they do necessarily have to accept your installments.
  17. The short answer is yes if they have a CCJ against you but not simply because you have failed to pay or fallen behind with installments. Normally they cannot ask the county court to issue a warrant if the amount they want the bailiff to collect is more than £5,000. The exception to this is if they are enforcing an agreement made under the Consumer Credit Act 1974. (This is because regulated agreements can only be enforced in the county court.) They can however ask an Enforcment Officer (through the High Court) to try to collect the money they are owed or to remove goods. I would also p
  18. If you were to undertake an ordinary cause or summary cause claim you really need to know what you are doing as if you were to lose for some reason the costs are not limited as in a small claim. You won't find advice on how to go about this on CAG. It may be better to simply have a claim for the charges and when that is resolved put in a claim for the PPI, or vice versa, if that takes you into small claims territory. In case you were not aware, the small claims limit is now 3K in Scotland. It's a lot easier to defend a claim on unenforceability than bring one. Yes, if you d
  19. Cunning Plan this is a Scottish debt, not an English one. The CPR does not apply in Scotland - it is part of the English legal system. The Scottish legal system is very different.
  20. Yes, you report the matter to the ICO. Going down the route of taking a non compliance claim to court in Scotland doesn't really work I'm afraid.
  21. Make a complaint to the OFT under the Consumer Protection from Unfair Trading Regulations 2008 also make a complaint to your local Trading Standards. Also make a complaint to the Legal Complaints Service about Cope's conduct. LCS's contact details are here
  22. It simply takes a letter to state that you financially dissassociated yourself. Okay, have you considered getting Trading Standards involved?
  23. Could you post the details of claim please? Can you give us some background information to how this claim has come about?
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