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Found 20 results

  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 lat
  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 circumstanc
  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 not
  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 decr
  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 struggl
  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 evi
  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
  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
  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, woul
  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 re
  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
  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
  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
  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
  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 gettin
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