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  1. I had a time to pay hearing today for a credit card debt. Cabot was represented by nolans. I offered 10 per month on my court documents. Nolans rejected this and today we had a hearing. I'm a bit confused by it all. I said I was financially struggling. I was told an open decree was granted and I had to pay. So what does that now mean? I asked what happens next and was told that was up to nolans. Help!
  2. Hello all. I am hoping for a bit of advice please. I received a very worrying letter from Walker Love today advising that I owe their client £396 (the original creditor was Next Directory...but I believe this is now owned by Lowell). The default took place in 2014 and at the time I was suffering from chronic illness that meant I fell behind with payments. You know the story...it ended in the default. I never denied my debt.. .I emailed and called offering payment several times and was dismissed. ..I was told that their agents would be in touch. Several months later it was sold to Lowell for pence to the pound. I have not paid them a penny to date. I know that Walker Love are sheriff officers.. .and wonder about the seriousness of their letter? I would rather make payment in small amounts than face any further damage to my credit file. I have already suffered for several years now for my silly mistake. My question is how to proceed with them to avoid further hassle? I cant afford the full payment, bills aside I have very limited disposable income.
  3. hi All, i hope you can help, i have just found that i have a Decree against my name from sept 2012 in favour of MKDP llp, i have no recollection of any paperwork, i was made reduntant nov 2011 and suffered severe depression, the amount is £11k credit card. on my credit report the debt is now managed by Link Financial, i made a request undeR 77/78 CCA, and they have sent back my £1 stating neither they nor MBNA(original creditor) can produce the agreement, this being the case is it possible for me to set aside the decree? thanks in advance
  4. I had a court decree for a credit card (approx £6000) I used for expenses in a business that went bust It did not get paid back in approx 2006, Just checked my credit files with all agencies and nothing showing up, must be more than 6 years ago. I get letters from a solicitor every few months asking for a payment or they will enforce the decree. I have never responded to any of them as I have no income, no assets and no means to pay, Over the last 6 years they have sent debt collectors/tracers to my home 4 times and all have been told the same thing re my circumstances and if they wish to bankrupt me then go ahead and do it. The question that I have is how long does a Scottish decree remain live and enforceable. If they could enforce it what can they do and what am I actually obliged to tell them. Many Thanks David From Hawick
  5. On the 4th November 2016 a decree was granted against me for the sum of £1550, I was in attendance however had no defence at the time. I had absolutely no knowledge of the matter and very little paperwork. The matter relates to money paid to a bank account by the Student Awards Agency For Scotland. I'm 49 and not a student. They claimed that several payments were made to me via a Lloyds Bank account very recently. No money had been paid to me and I believe it was an administrative error on their part, the bank account in question is not my bank account but on the day I had nothing with which to prove this and the Sheriff granted a decree against me. For many months I’ve been writing to Lloyds Bank and finally they responded a few days ago to confirm that I had no links to that bank account but also that the account was dormant and that no money had in fact been paid into that account. Obviously I thought I could have the decree overturned. The court have rejected having the decree recalled as they say I was present in court, I could have it recalled if had not attended. The court have also refused to allow me to appeal since an appeal must be done within 14 days of the decree being granted. So I seem to be stuck in a place where I’m now faced with possible bankruptcy over money which I never owed in the first place and does indeed seem to be an error. Can you advise on how I might proceed? I had considered contacting the Sheriff Principal in Edinburgh to ask her to reconsider the case.
  6. http://www.consumeractiongroup.co.uk/forum/showthread.php?464034-Court-summons-from-GREENBELT-GROUP-ADVICE-**Discharged-for-£400-from-£2k** Same kind of situation. not paid 9 years greenbelt didnt do the work bad areas in street with very poor maintenance. BUT, other half filled in court summons to make payments, she didn't contest. , this was around 4 weeks ago so they have won decree at £2500, granted 4 days ago got a letter saying as the won decree if we dont pay they will send sherrif officers. how can we contest decree after they win decree, as 50% of the debt is statute barred? was take to court by GREENBELT GROUP ADVICE they got decree. not paid them for around 9 years no contact, in the last 5 years when they made contact they point blank refused all payment terms and demanded full amount . level of service was so poor missing fence sand hedging. patches of land that are meant to be grass simply large areas of mud, In November other half gets citations in her name she doesn't tell me she fills it in with offer of payment, total was around £2300, we are in a difficult financial situation at the moment. As she made offer of payment they win decree for £2300. the issue i have is half of that debt is statute barred. im in talks with greenbelt now, if they dont help, my plan is to take the story to the press and bbc watchdog monthly. They knowingly took statute barred debt to court. SO far, I have contacted : Laura Sangster Para Legal for Greenbelt Laura Sangster Paralegal Greenbelt Group Ltd DL: 0141 948 1249 She was really smug, comments along the line we have WON decree etc. so you will need to pay full amount even though I explained its statute barred. Alex Middleton CEO man of few words sent several emails, either he will ignore or say "thanks" with no other words. anyone know how i can amend judgement cant afford a lawyer sadly, but at worst will plead with BBC watchdog to help.
  7. Hi all, First post here, hoping someone can help me with a query. I have a small (ish) unsecured personal loan, which, due to a change in circumstance I am really struggling to pay. I currently have an agreement with the company paying a token gesture each month but they are pushing for more which I just don't have, I think court action, starting with a decree is imminent. I no longer live in the UK and don't plan returning any time soon, possibly ever, can a Decree be issued against a non UK resident? I know a CCJ in England can't, but I am struggling to find a definitive answer on Scottish Decrees. Ideally if I can avoid a decree/have it set aside I will offer to continue paying a token payment, or if I come back to the UK and work, increase payments and pay the debt off in full, If i never come back i guess it will get statute barred! Thanks in advance for any help!!
  8. After two years my wife and I are still dealing with the fall out of having sublet our house to another couple who then used our details to obtain credit. We're slowly dealing with matters and starting to repair our credit we've discovered that a decree was granted in my name in 2013 there has been no charge for payment. Had a brief word with the local Sheriff Court who weren't helpful and said would be best to let it run as it expires after six years. However I'd like to have it recalled; is it possible legally after several years have passed? I have evidence that the house was sublet for a year prior to the Decree being granted in absense and for the year after it was granted therefore we were entirely unaware of its existence.
  9. Hi I was wondering if someone had any knowledge of who a decree could be transferred when a debt is sold. I am aware that it would have to go back to court under section 88 of the Debtors Act. The Act says that the new company would have to provide "(b)the assignation (along with evidence of its intimation to the debtor), confirmation as executor or other document establishing the applicant’s right." Majority of debts are sold without any formal documents such as being assigned etc. I for one have requested debt collectors in the past for such information and to date no one has yet provided anything to this effect. How easy is it to try and get a Decree changed to a different company who acquires the debt. Has something like this happened in the past? I have searched the internet and various forums but cant find anything relating to this? Thanks
  10. Hi there, I am looking for advice, I have a " decree" on my credit file, from 2012 for £481, from a company called Hacking and Paterson relating to maintenance charges for a communal block of flats, the reason for the arrears at the time, was a serious gambling addiction, The reason it went to court is that no doubt the company would have been sending me arrears letters then a letter to appear at court, but as you can imagine someone with the illness of a gambling addiction never opens their letters, this meant that the case went to the small claims court, I wasn’t there to defend myself or offer and arrangement, therefore the case went against me, I have been reading that it is possible to have the decree "recalled" if there is a good reason for me not defending myself at the time. **GOOD NEWS** The bill in question has long been paid off, and the company still manage my flats maintenance, after a discussion the company have sent me two separate letters confirming 1. the bill has been paid in full 2. That they have no objections to the decree being recalled (i.e. they would not contest it) I could do all of this on my own, but would like your thoughts
  11. This is going to sound odd... I had a court decree granted against me: 22/01/2010 for almost £3000. It was in relation to a motorcycle that I purchased on Hire Purchase in March 2007 on a 4 year payment arrangement. I believe the last payment I made to the finance company was around August 2008 (I was made paid off - Contractor). I would have paid just over £2000 on a £3000 bike which had interest on top meaning I was due to pay around £5000 odds... Obviously the court claim in 2010 was for the remaining balance of the credit arrangement including interest! So, would there be 8% interest per annum chargeable on this amount considering that the claim included interest to complete the agreement rather than the remaining actual outstanding balance? Now for the odd bit... I still have the bike! When I was paid off I thought I'd quickly get another job so I took advantage of the time off and stripped the bike bare and sent the frame and other parts off to be powder coated. My money dried up pretty quick and I didn't have enough to put the bike back together plus I'd sold the fairings on ebay to raise cash to get the frame back from the painters... I've slowly built it up over the years and am now almost finished. It has not been on the road or out of my garage since 2008. The thing is, I don't own it! I now have the money to pay the finance company. Well, I have £3000. What is my position? The decree is for just over £2800. Would I simply phone them up and agree to pay that then make the payment or are they going to be looking for the 8% per annum interest on top meaning it'd be over £4000 which would be nonsensical on a bike that might be worth £2000. Also, it's over 5 years now. Do I wait and see if they act before the 6 years is up and THEN attempt to pay assuming that they would be in a weaker position with the time limit expiring (does it?). I want to own the bike. I have £3000. I am severely confused as to what to do and seeking a little help. The bike, as it sits, is worth £3000 to me (the exhaust alone retailed at £1200 back in the day - Titanium race thingy) and I want to get out and about on it once again and have some enjoyment after the horrendous few years I have had. £3000 can easily buy me a cracking second hand bike that'll be mine straight up and I can worry about the other one after the six years are up, IF the 6 years matter (ie: would put me in a stronger position for bargaining). I'm not willing to pay £4000 as I don't have it and if keeping quiet and not making any contact with them (and hoping for the same in return) until January 2016 means I can crack a deal and pay the £3k for clear title then that is what I'd prefer to do. I CAN pay the £3000.
  12. I had the Together Mortgage and my house got repossessed with a shortfall confirmed of £130k + further £30k for the unsecured element. As of last month the £30k should have been statute barred but in my paperwork I have come across an "Extract Decree For Payment" granted in August 2009 by the Sheriff Court in Scotland. It says at the bottom "This extract is warrant for all lawful execution hereon". The solicitor who was acting on behalf of NRAM attached a letter with this Extract stating: "we write to advise that our clients (NRAM) have instructed us to refrain from any further Court Action in respect of your unsecured loan meantime. However our client specifically reserves the right to enforce the Court Decree which they have obtained against you, which is enclosed. In the event you account is not conducted in a satisfactory manner the decree will be enforced against you" I have checked my credit file and also Tustonline.org and there is no dcree/ccj registered against me. So what exactly was this Extract Decree if it hasn't been registered against me? Would this mean as nothing is registered that this unsecured loan is now Statute Barred also as 5years passed since my last contact with them in March 2009?
  13. My husband was the petitioner in our divorce case. The decree nisi was issued over 2years ago and he had not responded. Will I be disadvantage if I apply for the absolute? I own a property outwrite in my name to which he has put a charge on. He now lives abroad and I do not have his address. We are both penionable age but I am still in work.
  14. In early 2009 I took liability for £470 of my partners rent arrears when she moved out in order to gain tenancy of the council house we both lived in. All the arrears were paid off within a few months and everything was fine. Skip ahead 5 years, April 2014 I receive a letter from a debt company for £220. The company had to contact the council to find out what it was for and it turned out to be "court fees" awarded against me by the court for the rent arrears that I had no idea about. I asked the council why I never received any notice of fees and they said it had been hand delivered to my house on April 2010 and had been to court 6 times since. The only problem was I moved from the address 2 months previously so I never received anything. They eventually reached the conclusion that the debt was not recoverable due to incompetence and they would inform the debt company. So what I want to know is does this mean I have 6 Scottish versions of CCJs? Also are the council able to start the process of getting the court fees again under my new address? I was told the fees would be the equivalent of £350 in 2014, would this be the court fee alone or has it added up over time and other fees added on? I understand if I request for the judgments to be removed the case will be started again but as I paid the arrears would this happen?
  15. Looking for a bit of advice as I currently can't afford to employ a solicitor. Will keep this as bried as possible; I work for a limited company in Scotland, quite often from home, and recently there was a dispute over delivery of an order. I was one of the representatives that dealt with the matter which wasn't resolved, customer was very unhappy. Some months later I receive an envelope containing court documents from my manager; it seems the customer is holding me personally responsible and claiming the £180 through the small claims procedure at a Scottish Sheriff Court. However he sent to the documents to the wrong address, they were sent to an old company address. When I received the documents the court date had already passed and a decree had been issued against me. First one of the directors of company contacted the court and explained the situation, without success and I have now made a formal complaint to the court. I had a free meeting with a solicitor who stated that it was a "abuse of process". Firstly the claimant should have raised an action against the limited company, not me personally and secondly of course he should have sent the documents to the correct address. Here is the response from the Sheriff Clerk: In relation to small claims procedure - when a party raises a claim against an individual or a company they are required to provide the information as set out in FORM 1. When a claim is lodged, court staff check over the claim to make sure it is presented in terms of the rules (ie: parties are suitably identified and designed/ that a claim gives sufficient notice to the defender and that if it is for a supply of goods and services a brief description of what was supplied etc). In addition the value of the claim is checked to make sure it is raised within the limits for these types of actions. I am not aware of any requirement upon court staff to check addresses prior to service of a summons. These details are a matter for the person raising the claim. The validity of a claim is a matter for the Sheriff if the claim is disputed by the defender, by returning the formal response by the return date specified in the service copy summons. In this case, according to our records no such formal response had been received and the pursuer applied for decree in absence, which was granted in terms of the rules. As the case has been extracted any appeal would, in terms of the rules, be out of time. It is for the appropriate party seeking to have a decision by the court reviewed, to lodge the appropriate application, with the appropriate court and within the appropriate timescales as provided by the rules. If you are unsatisfied with the outcome of my response to your complaint you should write to Mr D Shand, Sheriffdom Business Manager, Edinburgh Sheriff Court and Justice of the Peace Court, 27 Chambers Street, Edinburgh, EH1 1LB to ask for your complaint to be reviewed. I'm astounded that someone could raise an action against me at a different address for something that is not my responsibility. The claimant I have discovered knowingly put the old address knowing that the papers would not get passed onto the company for at least several weeks thus getting a successful claim at court, he didn't even need to attend, since the papers were not returned by the cut off date, he won by default. Any thoughts? My own thought is to take the Sheriff Clerk to court for the sum of £100 and have the papers sent to a completely unrelated address; therefore he won't get the papers and I will win the case by default; then see how he feels about it. I've made my formal complaint to Edinburgh but the only response is that a decision can take up to 90 days. I could go to a solicitor but it's going to cost me around £500 to have the matter dealt with. Any advice gratefully accepted, thank you.
  16. Hi, I am sorry if this is in the wrong place. Last year I enlisted the services of a employement lawyer to assist with an unfair dismissal claim - in the end I decided not to pursue it and dropped it prior to it going to court. It was agreed with him that I would pay £200 no win no fee. I asked to pay in installments at the time they agreed to this and then I asked them to send me a final bill. It didnt get paid. I received 1 letter from Oct - Feb 13 regarding this. Completely my fault. I then received a summons for a small claims court for the sum of £240 on the 27th Feb giving me until 5th April to return forms to court with date of 19th April. I paid the £240 on the 2nd April and sent them a letter confirming this in the letter I asked them to inform me if there were any problems - nothing received. Today I have came home to a letter saying I know owe them £180.23 and it came with an extract for payment from the sheriff court done in my absence. I am completely at a loss as to why this has happened. There are claiming £180.23 is expenses but why didnt they advise me of this at the time. The summons clearly states £240.00 Looking at it now it says £240 inc VAT but he clearly said £200 to me at the time. It also says £240 with interest of 8% per annum. However I took this to mean £200 + £40 interest and duely paid it. They didnt even provide me with a receipt despite me asking for it. Have I done this wrong?! Can I appeal this? If I can does this cost money and am I wasting my time? If I am better paying the expenses charge can I ask to do so in installments? The letter said it is due immediately and failing this they will take steps to enforce the decree without further warning. What does this mean? Thanks for any help - I am really upset about it in case I have made a mistake. DRKangel
  17. Looking for some advice please. I received a letter from the courts informing me that a decree I had been given a decree thanks to Yuill & Kyle. The first I knew anything about it was this letter and I hadn't had a chance to appear in court or to prevent this. This was 2009 and at the same time I received this, my wife had just been diagnosed with a serious illness and Ill admit, this and any other debts were last thing on my mind. Anyway, I never actually looked into the decree until recently and I read that I should have been notifed of this via Recorded Delivery letter or by a sherriff's officer, is this correct? We never received a thing until it was all done and dusted and I was surprised to read on a couple of other threads that it seems this isnt the first time Yuill & Kyle have done this. Also what make the decree more surprising was that I had a payment plan in place and was paying regularly and on time prior to the decree. So my questions are a) Is it possible I could have the decree removed from my credit file if I was not notified beforehand ? and b) If I was already paying on time and regularly and had payment plan set up before the decree was issued can it be removed because of this? I'd really appreciate any advice/opnions please. Many thanks.
  18. Hello everyone, I expect that a creditor of mine will be granted an extract decree of payment in the Court of Session soon. I don't have the money to pay in full and my income is low, but my income may increase in the future. I would prefer not to go down the path of sequestration unless my creditor pushes me that way. How long do they have to chase me for payment please? Is it 20 years? Sorry if I haven't used the right legal terms. Thanks v much, EdinburghDavid.
  19. Due to complications in this case, I (the claimant) had a for mention and the judge ordered the defendant to pay within 7 days. I asked if it was an actual decree issued and was told no it was a court order. I was advised to ask the judge for an open decree. Do i need to do this or are court orders enforceable??
  20. Would appreciate any advice please: I was sequestrated in March 2009 & discharged March 2010, however a CCJ was awarded against me in May 2009 even though the debt was included in my 'estate' (and as a result I was not represented in court.) Now I cannot get either the lawyers, who wrongly pursued the case, nor Registry Trust, who record these for credit reference agencies, to correct or remove this CCJ from my files. I didn't even know it was there until a bank refused to open account 'because you have a CCJ'; I have asked every month since May when I discovered it but getting nowhere. Any help would be appreciated. thanks.
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