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Found 6 results

  1. Hello I received a citation for an old credit card debt and was wondering if any one knew how to get the date extended so I have time to make up a defence if this is possible? I'm in Scotland Many thanks Tom
  2. im not sure where else to ask this question and not sure if its in the right section of the forum. i received a jury citation in the post today for 13/4. i had the questionnaire thing a few months ago and filled it in to be excused reason being i have 1 child (6) in primary school and another (4) in nursery. im on my own no one to help, s on goes to school for 9am of course and i have my daughter til i drop her at nursery at 12.50pm, collect my son for 3pm to come home and leave at 3.30pm to pick my daughter up at 4pm. thats a normal day, but in between all that i have to fit in hospital and drs appointments for myself and the children. i didn't receive any acknowledgment that they'd received the questionnaire i sent back but i just assumed they got it. now im in scotland and i was reading that they pretty much force you to stick your kids in childcare? or thats been the experience of other people at least. im also on ESA with problems with walking etc and recently had an accident in tesco which has made everything 10 times worse. i guess what i am asking is if i call the clerk of the court on monday and explain this to him is it likely i will be excused? i escaped 10 years without a jury citation and now i have one its for the high court...which i'd really want to attend as well.
  3. Hi, I have been trawling through these forums trying to find out what I can and can't do legally. I have a debt of around 7k to Egg which has been in the hands of Capquest for around a year. I started off paying them what I could afford which was £40 per month. They then upped the payments to £48 per month which I went along with. My Direct Debit on 28th July wasnt paid as I was skint and so I assumed they would try and take it again in a few days. But I have now had a letter from HL Legal who are now demanding full settlement of this account within 7 days? Not sure how they think I can pay £7k when they couldnt even get £48 out my account last week. So I want to send them a CCA but as I have been paying this for some time does this mean I have already acknowledged the debt or do I still have a case for doing this and what possible outcomes could there be realistically. Thanks, Mick:???:
  4. Advise required please. I have just received a citation from a Scottish Solicitor representing Marlin Capital Europe Ltd in respect of a debt to Barclaycard. I have never had a Barclaycard Credit Card or took out an agreement with them. I did have a credit card with Egg which I took out in 2004. I now know that Barclaycard took over Egg Credit Card accounts in 2011. I was making regular payments to Egg until they suddenly stopped sending me statements, and so I then stopped making payments. I never received any further statements or correspondence from Egg for 18 months, then all of a sudden in early 2011 I received a default notice. I was unaware that Egg transferred to Barclaycard, possibly I received notification, but I cannot remember. I then started receiving calls from Marlin regarding Barclaycard. I informed them that I have never had a Barclaycard and refused to discuss matters with them. I have now received a writ from their Scottish Solicitors giving me 21 days to respond. I am based in Scotland. Interestingly in the writ it is stated that I took out an agreement with Barclaycard in 2004, this is an error straight away as it was with Egg. I do not know when I made the last payment to Egg, it was about 4 or 5 years ago and maybe time barred. Should I send a CCA request to the Solicitors or Marlin or both? Is there still time to do so? Any help or advice would be greatly appreciated.
  5. Based in Scotland and took a bank loan out in Dec 2001 Hit difficulties in 2007 where upon entered into a reduced payment direct with the bank Was made redundant in 2008 Around the same time i also complained of mis selling against the PPI element of the loan which was upheld in 2008 and refunded In 2008 the bank sent communications detailing the original loan closed and a new & different credit agreement to cover the new figure which was duly signed and returned In 2011 they sent more letters claiming that this previous agreement may have been set up incorrectly and enclosed another agreement - which was not returned During all this still receiving default letters & statements etc with the wrong account and outstanding balance Have refrained for various reasons to commit to payments to this loan and have had not paid towards it since 2008 but now facing redundancy again (same with a few other debts) Sent a CCA request again recently (not receievd anything back yet) but a week later have received a citation from Sheriff Court detailing the wrong figure and (in my eyes) the incorrect loan agreement number In two minds whether to defend this action (and its possible implications - either financially, time & stress) or go for damage limitation and request time to pay with token payment Is this an open and shut case where by the original account number and wrong figure is being incorrectly detailed on the citation sent to me Will the court allow this technicality to be ignored and get bullied by the bank If the inconsistancies help my case would there be a specific way to deal or highlight this to court without a solicitor acting on my behalf Would i be too cynical in assuming that the bank have some loophole to their benefit I appreciate that the majority of my issues may have been covered with other posts / topics but would be obliged if anybody could shed any light or pass on any advice or possible solutions to my specific issue Cheers for reading and thanks in advance
  6. Hi, Wish I had found this forum way before now, looks like it's full of good good people. Ok here's my current situtation. I was working as an IT consultant but have been suffering from serious depression and anxiety and have been on Employment Support Allowance since March 2009. I am receiving the standard £64 per week. My Wife is currently the director of a Ltd. company and runs a restaurant which is barely making ends meet since opening September 2007. She has been unable to take any form of wage since around March 2008 due to there being no funds available. She worked 60 hours per week 6 days a week for nearly the last 2 years. This in turn means that she has not been able to qualify us for the income related ESA component, or council tax benefit or assistance with our mortgage repayments. I have a 2 year old son who is receiving all the love and attention that he could possibly want. So right now we are living on my ESA, Child/Working Tax credit and child benefit, all of which totals around £870 per month. THE PROBLEM We used to have 3 accounts with RBS, all of which we have now defaulted on with each of them being in a negative balance (overdraft). We received contact from Anderson Fyfe (RBS Solicitors) stating they would be taking us to court if no contact was made. We made contact with Anderson Fyfe (as we had done already to RBS) to explain our dire situation. We offered them £40 per month (obtaining assistance from our parents), which was flatly refused by Anderson Fyfe. We were told that the minimum monthly payment that RBS would accept would be no less than £100 per calander month. We explained to them that this was not financially possible from any angle, at which point the call was wrapped up stating that a court action would be raised against us. I have just had the court documents fall through my mailbox this morning and I am starting to freak out. We have already explained at every step to both RBS and Anderson Fyfe that we just do not have the money available they are asking for to pay them, and now this Citation is the result. I have just discovered that this is classed as an "Ordinary Cause" debt, total is about £12,000. I would really appreciate any advice from anyone regarding this as to say I'm freaking out would be an understatement. We can't even go and sell the house as we would receive no benefit from the negative equity of a sale, getting a council house would be a fruitless task also as we are receving no benefit from the council either. Please help me! Yours very worried, Paul.
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