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  1. I think it would be a decision form about the decree from the court but maybe the letter from Nolan's is enough to confirm the decree was granted. Sorry Stepchange did say that, I'm just more familiar with the term bankruptcy. So you think I should apply for a moratorium to all my creditors just now just to pause it while I decide what to do?
  2. I spoke with the court and they said I can send the form but couldn't tell me what, if anything, would happen if I do. I read online that before trying to enforce payment they should be sending me a copy of the decision form. I haven't received this, should I be asking for it or entering into any discussions with Cabot just now? I also spoke with Stepchange who think bankruptcy may be my best option today but said I could apply for a moratorium for 6 months which would hopefully allow time for lockdown restrictions to be lifted and maybe get employment and have more options open to me.
  3. I'll post threads for those separately then and deal with the decree here as I appreciate there is a lot to deal with. The old home was privately rented, we didn't own the house.
  4. I asked for help previously as I missed the time to pay deadline. To cut a long story short my marriage ended before I dealt with the issue and I have been in a bad place mentally Nolans sent a letter to my old address in January 2021 and my ex has passed this on as she wants it dealt with as she doesn't want anyone turning up at the door about it. She has passed me a letter from Nolans which states Cabot Financial UK Limited against You and states 'We refer to the above matter in which, as you know, we have obtained a court decree for payment of the sum of £1084.69 plus expenses. This decree remains enforceable against you for 20 years. Our clients have, however, instructed us to give you the opportunity of paying by instalments in an effort to avoid enforcement action against you. There was an income and expenditure form attached which was supposed to have been returned by 27th January which was not done as I only just got the letter. There is then a further letter which dated 23/02/2021 stating that I've not replied and in capitals states 'You are now on notice that failing agreement of instalment payments within 7 days we shall proceed with enforcement against you. I have also been passed a Simple Procedure Notice of Claim for another credit card debt and am still within the time limit to reply to that one. It was not hand delivered though, just recorded delivery which the postman just posted through the door without getting a signature (presumably because of covid). Should I respond to this? Should I complete the income and expenditure to come to an instalment agreement? I lost my business due to the pandemic so am now reliant on universal credit until I get something sorted so it would be minimal. Am I supposed to get something from the court to confirm the decree? I did get a Notice of Claim about a year ago before I moved out but nothing since then and just wondered as their letter says 'as you know' which I didn't until they sent this letter. It also doesn't show a decree on my credit report, should it show there? I also want to deal with my other debts before they get to this point as I'm trying to get my life back on track. I'm not on good terms with my ex so can't ask if there have been other letters, should I just contact each DCA on my credit report as I can't remember who I had debt with? My debt is a lot more than I realised it was. There's approx £50k showing on my credit report. I don't have any assets (2 HP cars but won't be paid off for another 3 years), would I be better looking at bankruptcy now that everything is starting to go through court as I have no realistic prospect of paying this back.
  5. Thanks, I'll get that sorted. The served address listed on the form is not actually my address, it's an address in the next town to me that I have never lived at or even heard of until I saw it on this form. They've obviously just put the wrong address as the served address though as they did actually serve it at my address.
  6. I was told on the phone after eventually getting hold of someone. They wouldn't even check anything, just said they will only deal with essential cases right now. I'll try email then and see if I get anywhere with it. Do you think I should set up a token payment in the meantime?
  7. I can't get any hold of anyone who will help just now as they're only dealing with essential cases right now. I either need to wait until normal cases start to resume or contact the the debt collector. I'm thinking it hasn't been dealt with at court because of the lockdown but don't know that for sure so don't really know what to do next.
  8. Thanks, I'll need to get all that information from my creditors as my credit report doesn't show it all. I think all my debts were taken out between 2014 and 2018. My last payment on them all was December 2018 with all defaults mid 2019. I'll post full details once I get them. Should I contact the current debt owners for this information? The cars are with motonovo and blue motor finance. I am 18 months into each and they are both 5 year agreements. I am currently negotiating a 3 month payment break for both but my business is unlikely to just bounce back immediately after the lockdown ends so I don't know if it's enough. When you say not to go down IVA das or sequestration routes, what are the alternatives? Can I just agree an informal arrangement to pay an amount each month and then hopefully get a reduced settlement some time or will they not accept that and force me into bankruptcy anyway? I assumed of I start dealing with the debt I would have to choose one of these options.
  9. Hi, I have around £34k of debt, loans, credit cards and catalogue debt. I stopped paying around December 2018 and have ignored it ever since but am going to start dealing with it now. I also have 2 HP cars in my name that I will have to return early as due to coronavirus stopping my business I can no longer afford to pay them so this will add to my debt. Should I just contact all the debt collectors that the debts are currently with and offer a token payment until I complete income and expenditure to decide what to do going forward. I don't have money left over each month so probably going to be looking at trust deeds and sequestration but I am self employed so this might be an issue. I don't employ anyone but I'm a sole trader and lease a premise so I understand if I go down this route they will probably cancel my lease. This is what terrifies me the most as I'll then be unemployed which will leave me in a terrible state. My total debt including the HP cars will probably be around £50k, how much would I likely need to pay per month for a trust deed to be accepted? Also is there any other option that would not require me to give up my business? I don't have any assets, rent my house so the only real risk is to my business. Sorry for all the questions, just don't really know where to start. Thanks.
  10. Name the issuing court: Hamilton sheriff Court Who Is The Claimant: Cabot Financial UK Limited Who Are the Solicitors: Nolans Solicitors What type of action? Simple Procedure What is the claim for – 1.On or around 27/01/2017 the respondant entered a credit card agreement with new day ltd under which the respondent borrowed from them a sum of money repayable on demand. 2.The said agreement was an agreement regulated under the consumer credit act 1974. 3.The repondent failed to pay as agreed on demand and is in breach of contract with the said new day ltd. 4.The said supplier assigned all rights in the said debt to Cabot Financial uk Limited on 05/10/2017 and the claimants have advised the respondent of the same. 5.The said sum of £1084.69 is the sum sued for. 5.The claimants have made frequent requests to the respondent to make payment of the said sum but the respondent has refused or delayed to do so. Last Date For Service:- 10/03/2020 Last Date For Response:- 31/03/2020 What Documents are listed in Box E2: Simply states No Defence – No evidence required No stateable Defence (Rule 4.4 breach) – no evidence required Defence on Prescription – Copy statement of account only. (Agreement must be admitted to plead prescription. So agreement not required) Is the claim for a Overdraft, credit card, loan account, hp Agreement, Catalogue or mobile phone debt : - Credit card BOX D5 what has the claimant state: The Claimants request that the court order the respondant to pay them the sum of .£1084.69 from your knowledge: answer the following: When did you enter into the original agreement before or after 2007? After Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? don't remember but probably Did you receive a Default Notice from the original creditor? Again not sure but probably Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't remember When was you last payment:- Around December 2018/January 2019 Does anyone know if courts are still going ahead with these cases at this time or is it likely they've not went ahead with it yet. I haven't heard anything since this form was delivered and I'm worried debt collectors will just turn up at my door or do they have to notify me of the court ruling first?
  11. Great thanks, I'll get that filled out. I don't know if it makes any difference that I didn't accept the simple procedure notice of claim directly off the officers but I did confirm my name before refusing to take the envelope and closing the door on them. When I shut the door they posted it through my letterbox. The address on the notice of claim is not my address, it is actually an address in the next town from me that I have absolutely no connection to. It states on the notice that the form was served at this unknown address but it obviously wasn't as I got it at my address.
  12. Sheriff officers delivered me papers at my home address and my deadline to respond was the end of March. Between the papers being delivered and the response deadline I had to close my business due to the government ordering my business type to close and amongst freaking out over how I was going to pay essential bills and food bill, I totally forgot about the deadline. Now I'm worried about what will happen next? I've not heard anything since the deadline but I suppose that might be due to the lockdown. If I contact the court or Nolan now are they likely to allow me to request time to pay now?
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