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Found 11 results

  1. Looking for some advice. I defaulted on a black horse personal loan on 2012 (not hire purchase) which was taken out for a car in 2009. This was included in my sequestration. The car was not repossessed as the value of the car was too little. Black horse have confirmed that the account is closed but that I still have a balance. 5 years later I would like to sell the car but when carrying out a HPI check the balance is showing. Do I have the right to sell this car?
  2. Hi, I'm seeking some advice regarding some Council Tax arrears I have with Highland Council. I was sequestrated on 20th May 2015 and discharged a year later. I was on the understanding that all debts leading upto & including my sequestration date was included within the sequestration. However, Highland Council have informed me that it's their policy to use the 'Date of First Order' as the date for any arrears, instead of my actual sequestration date. Here's Highland councils response to my enquiry: "Dear Mr frunko, Thank you for email dated 07.04.2017. The Date of First Order is the day that a person who has applied for sequestration is cited to court. After this date, the party is given a period of time to make payment (6 weeks) but if no payment is received within that period, it is Council policy that the 'First Order Date' is the date used when dealing with a sequestrated Council Tax account. Therefore, although you were sequestrated on the 20.05.2015 we had to use the 26.04.2015, as this was the date you were first cited to court." I was wondering if this policy is in line with Scottish law regarding sequestration? The reason I'm asking is because If the Highland Council used my actual sequestration date of 20th May 2015, the whole financial year 2015 - 2016 Council Tax arrears would be included within my sequestration as they had issued a 'final notice' letter before 20th May 2015. Your knowledge or thoughts on this would be very much appreciated. Thanks - Frank
  3. Currently resident in Scotland but seriously thinking of moving to England or Wales six months prior to going belly up. My intention is to be unemployed from start of deed until discharge a year later. However as I understand it in Scotland even if you have a "nil contribution" IPA set at point of sequestration it remains live for a further three years after discharge - ie if after discharge you start earning above the threshold payments will have to be made for a further three years until the four year duration of the IPA has expired. Conversely in England and Wales if no IPA is set at outset of Bankruptcy due to low / no earnings after discharge a year later there is no outstanding liabilty and you are not subjected to a further three years of monitoring/payments. Has anyone gone belly up in Scotland under this relatively new system where they have been discharged after a year subsequently found work and been subjected to making payments. Is it monitored quite closely by the AIB . Indeed I suspect it may be to early as did the new legislation only come into effect this April. It may cost three times as much in England and Wales but this seems worth it to avoid having to pay any more money in the future if you are unemployed for the year from start to finish.
  4. I've been reading with great interest all morning, having had my first call from Cabot today - I missed it, but would have ignored it anyway. Just in the past week or so I received a letter from them re: a CITI card debt, which claimed that I had been informed previously of a transfer of the CITI card to someone else (cannot remember who - don't have the details to hand)... been reading all the info on the ongoing stuff with Cabot here, and I've been in similar positions with various other cards - I ran up massive debts on cards when some customers of mine went out of business leaving me to carry the can. I initially looked to a company called Credit Issues (anyone have dealings with them?) Who informed me that my cards were all unenforceable. As such, I eventually stopped paying them around Set/Oct 2009. I then entered into a DMP sometime in 2010 and started making payments to this, and the calls died down, but that company went out of business and hadn't allocated any full payments to any creditors, only an initial token payment, so the phone calls all started again. I have simply ignored phone calls and letters and nothing has come of any of them, to date. As my credit file will be trashed, I guess I was hoping to ride it out until the debts became statute barred, but I am a bit concerned about this Cabot mob - they do seem to really want to go the distance. I was paying £x a month to Capquest, but have decided to let that slip now too. They've written to me and threatened doorstep recovery and all sorts, which I ignored, and now they've written saying they will now accept £x-10 (£10 less than I was paying) - dunno whether to accept this or not, or just ignore it again. My feeling - and I could be wrong - is that they know they have no way of enforcing the debt, so if they can get anything from me it is a bonus...? Is that a correct assumption? Obviously, by making a payment, one is acknowledging the debt, so becoming statute barred becomes further away each time. My brief questions to 'the_shadow' is how can one know if an agreement is 'true copy' or not - I'm aware of the Wacksman ruling etc... about reconstituted agreements and so on, but without having the original stuff in our own possession, how can we be sure what the DCA's send us is a true representation of the original or not. ..? And, also, is it right to assume that DCAs, having sent me all the nasty letters, which have gone ignored, are happy to accept something now, in the knowledge that something is better than nothing? Good luck to everyone on here...
  5. Good morning all...hoping for some guidance on this one.My wife and I both have large debts as a result of stupidity,lack of future planning and wanting what we could not afford...none of the debts are secured and all are either bank overdrafts,loans and credit cards and we rent our home. We have over the last 4/5 years chipped away at these and reduced them by around 50% overall either by challenging in court or agreeing reduced settlements however we have now reached the point where we cannot realistically see an end to the spiral.We are considering sequestration however my question is this....if we take this route do we have to do so jointly ? I ask as approximately 75% of our debts are in my wife's name and 25% in mine....could my wife go for sequestration and could I enter into a trust deed or similar ? is this unrealistic ? Is there a benefit to doing so....the sequestration process appears to take all financial control of your bank accounts etc...maybe this is what is required but just thinking out loud here in terms of trying to envisage how you live your normal daily life whilst going through the process ?
  6. Afternoon After three hard years I am about to end my sequestration in April of this year. I'm wondering whether there is any advice from those who have come through the process on what I should be doing now and how to go about re-building my credit rating. Many Thanks D
  7. Hi everyone, I was wondering if someone knowledgeable in the field could offer some advice Scott and co have recently sent me a letter stating that due to the length of time I have owed and the size of the debt they will apply for sequestration. No specific dates. I emailed them (as previous experience has put me off phoning) and firstly asked them to break the debt down. They let me know there is some from 2008-2009, some from 2009- 2010 and some from 2010-2011. The total amount due is £3400 I then emailed back asking if they would accept repayment in instalments. The reply came saying yes but they would like payment in full before the new council tax year starts. I mailed them right back saying that was unreasonable, it is more than my household income in that time and could they suggest a more appropriate arrangement. They then replied asking for a phone number which I politely refused to give. Their next offer was for me to pay a lump sum and then monthly installments. So again I asked what figures they are suggesting. Half the amount due as a lump sum and then £200 a month. I have emailed back stating I could pay £600 lump sum and then no more than £100 a month. So my main questions are as follows. Can they apply for sequestration if i get the debt under £3000? I understand that's some kind of threshold. Can they refuse a payment plan without having done any affordability questions first? Surely arrestment of earnings should be their first step anyway? If they are going to apply for sequestration will they have to advise me of this, like a date and give me a final chance to pay? I'm a bit worried as do own my home , if I was still renting I would be telling them where to go... thanks in advance xx
  8. Hi.. I am new here. I really hope somebody could help me. I entered sequestration 3 years ago. And this February is my final month to pay contribution towards my sequestration, which is £200 per month. And my IP has advised me that I will be released from my sequestration afterwards. Unfortunately, to my surprise, I just received an email yesterday from my IP saying that they decided to take my car which is worth £1550, or I have to pay the same amount if I want to keep the car. What make me really confuse here is, at the beginning of my sequestration, I owned BMW which was worth around £2300 at that time. But my IP assured me at that time that they not touching the car as the value is not significant and I needed it to get to work, and as long as I have maintain a £200 contribution per month. After a year in sequestration, I have decided to sell the BMW with an advise from my IP, as result that I could not maintained the car. And I swapped to more fuel efficient car. I sold BMW for £2000 and with the whole lot of the money I bought Renault. And I have updated everything to my IP. In fact, I never failed to submit my circumstances review form every 6 months to my IP. I was so confused and shocked by the decision that they make at the final month of my sequestration, while they have 3 whole years to decide about this. Is this sounds right to you? I also wondered why they could be OK with BMW that worth £2300 at the beginning, but not OK with Renault worth £1550 at the end? Please somebody advise me regarding this matter. Your help and words are very much appreciated. Many thanks in advance.
  9. Hi there, First post so be gentle on me! I'm at the moment currently trying to sort out my girlfriends debt for her. Over the last year shes got her self into a right mess with payday loans which i'm currently helping her with making arrangements etc.. but shes also got a back dated council tax bill of approx 4000 to deal with. To be honest shes been ignoring it and hoping that it would go away - but shes now received a letter from Alax M Adamson that they will be recommending to the council to start bankruptcy proceedings and to stop this action that shes to call and make some sort of arrangement with them now. They state they will also be proceeding with all other diligences available under a Summary Warrant. I'm just wondering whats the best way to deal with this? On looking through other posts some times the advice was simply to start paying the council and ignoring the sheriff officers. Or should she be dealing with them on this occasion? Thanks Graeme
  10. hi there im new and a bit confused any help would be greatly appreciated a few years ago i got into a bit of difficulty with my debts welcome/barclaycard/littlewoods/vodphone i took out a pdl without realiseing the consequences and it snowballed to the point i could no longer manage so i entered into a protected trust deed after appox nine months my situation changed and i found myself having to move house i defaulted on my ptd and havnt paid anything in approx two yrs i also have since again fallen into pdl debt which ive kindo of bumped i want to get everything sorted out as i feel bad about this but i dont know where to start i foolishly ditched all the paperwork when i moved house so i have no idea who i owe what too should i contact the people running my trust deed they sent me a txt last year saying they were going to put me into sequestration i checked the edinburgh gazzette but only the trust deed is regitered also one of the debts council tax has been kicked back to me by the local council and im now paying that back. on another note when i checked the edinburgh gazzette my trust deed has the wrong house number on it 62 instead of 6/2 is this something i could use to maybe nullify the trust deed and start agin i knoiw im clutching at straws here but i really do want to get this mess sorted out any help would be great
  11. My council (Edinburgh) is applying to sequestrate me for council tax I don't owe. The disputed sum is big but I have more capital than its value. I have been making a repeated appeal annually, clearly on grounds of error of calculation. By law, anyone charged council tax has an absolute automatic right to do that, and the grounds may be anything the appellant perceives as an error of calculation. This is explicit in all the public information on council tax appeals and in the Local Government Finance Act 1992. It is a matter of simple exact statue law that has so shades of interpretation. The council has no veto over my appeal: if it disagrees with it it must contest it. But the council has for 8 years been ignoring all my appeals and refusing to recognise them, on grounds of claiming that they are - not relevant appeals - It has kept on sending me sheriff officer's letters in pursuit of the appealed sums. I always answered those in full, only to get eventual repetitions of them ignoring my explanations or else arbitrarily stating that the council has said my appeals are not appeals and do not count. Never have they answered my point that the council has no power to do that. Now the council has taken straight to sequestration a dispute that should have gone through a council tax appeal. Its claims that I owe the sum simply ignores my appeals, hence must be based on claiming a power so to so, contrary to all the public info on the appeals system. The council has always known it could dispose of the issue just by contesting one appeal and after that my council tax position would be normal again. It can't be portrayed as reaonsable for the council to pigheadedly refuse to contest an appeal, knowing that and knowing the appeal is being repeated annually, and instead knowingly to let the situation drag on for years. The council must also be wrong, if it thinks it has any case, knowingly to wait while a sum it intended ever to claim mounts up and becomes more intimidating. That is obviously bullying. It has never taken any of the less drastic approaches to enforcement, e.g. bank accounts. I have lodged as my defence, those points on the action's excessiveness, and my documentary record of the years of lodged and ignored appeals, and the Local Government Finance Act and the public info on the right to make appeals. It would be illegal for the court to find against me, for it would abolish the principle that folks should believe published official information on the law, and then there would be no basis to expect me to believe and obey anything the sequestrator said either. I have put that to both the pursuing solicitor and the nominated trustee, as a point that voids the case against me and proves only my case can be right. Neither has yet answered. This needs all the human rights interest it can get. I have mailed to the EHRC about it but it can take a week to know if they will respond. I have mild autism and am actively involved in a services project run by a university that follows how services/public bodies treat folks and has already had an interest in my problem before it came to this point. It also means I should be entitled to advocacy in any dealings with the sequestrators. I already have a reference to contact citizen's advice within the court. My councillor is the Lord Provost and good about keeping his community involvements... My point about all these interested parties and as many others as possible, is so as not to be alone and unseen which would encourage the court to decide against me. In order to establish that a decision against me is illegal, the highest possible number of parties need to have been alerted in advance of the day, and unless their existence deters the wrong decision from happening, they watch it happen. Then they would know instantly that the decision has abolished the believability of any published and written law to rely on as true, and hence that I can't be expected to understand and believe any written law that the sequestrators tell me to cooperate with. That absurdity gets thrown back at the system to prove the decision illegal and unworkable. I think what I'm asking for here is ways to raise interest. Know any sympathetic journalists or organisations who are good at responding and making public fuss about such issues? Can Action Group itself raise some public concern about councils bullying folks like this?
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