my mother v bcw glasgow

[haggishunter]

my mother recieved a letter today from bcw chasing a debt from 1996 from gus order catalouge ltd the account has been been thro the courts and the court awarded fees etc,however my mother does not even know this went to court or they were pursueing this is there anything i can do to help her

 

i told the man on the phone to get a a copy of the original contract signed sent to me-his reply was didnt matter a court awarded a decree i think it was called or something

 

should have said the man said there was payments made to the debt but my mother says she cannot remember doing this

next i told him u cant pursue a debt more than 6 years in scotland and his reply was the same as above

 

im in scotland

 

thank you very much

Edited November 1, 2008 by haggishunter

[sillygirl1]

If they HAVE done a CCJ your mother should have received paperwork beforehand, if not (and they have been known to tell porkies to get people to pay) then you can still contest it. Also if it is as long ago as 1996 it is STATUTE BARRED and they cannot enforce collection without a judgement, again court paper would have been sent out.

 

Tell them they are not allowed to call as it has been to court and you will only deal directly with the court. It sounds like they are trying to pull a fast one here.

 

In Scotland you can't persue a debt after FIVE yours, not SIX so he is still telling porkies.

 

Somebody else will be along with more help soon, the site has been having some problems lately.

 

It might also help if you change your title to XXXmum against XXX company then people will see who we are dealing with.

[MrShed]

If there is an existing court order then yes the two points raised will not apply.

 

If your mother has no knowledge of the court order, then she will need to apply to get this set aside.

 

That is the extent of my knowledge on it - others should hopefully be along soon to help more

[maroondevo52]

Hi, haggishunter.

 

You will get the help you require if you stick to one thread on the same subject

 

I'll merge your other threads, so people know what replies you have been getting

 

Regards.

 

Scott.

[rory32]

my mother recieved a letter today from bcw chasing a debt from 1996 from gus order catalouge ltd the account has been been thro the courts and the court awarded fees etc,however my mother does not even know this went to court or they were pursueing this is there anything i can do to help her

How do you know it has been through the courts? If BCW are saying it has been through the courts then I would want to know the name of the court. The court in question will then be able to tell you whether it has actually been through the courts. Your mother can also check her credit file to see if the decree is showing on it.

 

When a claim is issued against someone they are notified of the claim and given the opportunity to defend. In small claims cases you are notified by ordinary post so it is feasable that the relevant notification and forms were not received. If the claim was not defended then decree would be granted again this would be by normal post.

 

The fact that the debt is statute barred under the Prescription and Limitations Act does not prevent the decree being awarded against your mother as the sheriff would have to be made aware that this was the case. On the plus side any decree against your mother should be fairly straightforward to recall - if indeed the decree exists in the first place.

should have said the man said there was payments made to the debt but my mother says she cannot remember doing this

It's not unknown for DCA's to fabricate payments nor is it unknown for them to lie to you over the phone. They would have to substantiate where any said payments came from (it's very different lying to you over the phone and lying to a court). You need to ensure that any future communications are in writing only. Telephone conversations can be denied - written communication can not.

[rory32]

I forgot to mention, as this would be a consumer contract any claim against your mother should have been made in her local sheriff court as this is the one that would have jurisdiction. If the claim was made at another court then it would be legally incompetent as that court would not have jurisdiction.

 

So I think it would be worth giving your mums local sheriff court a phone on Monday morning to see if judgement was indeed obtained against her.

[haggishunter]

thanks too all posters,shes gone to a lawyer