Help needed with Buchananclark+wells Decree

[murmagic]

Hello everyone,

 

Ive just recieved a letter Buchananclark+wells saying that they have been granted a Decree for a debt i had 15 years ago.Ive not reconised this debt or payed anything towards it for 15 years.Ive just sent them a letter from the templates librarys telling them im not paying because this is a statute debt.

Does any one know if i need to pay this because of the decree?

Do i need to recall the decree as they shouldnt have been issued it anyway due to the timescale?

How to go about recalling a Decree and are there any template letters?

 

Thanks for any help as i am worried sick!!!!!

[postggj]

this may be them talking bovine excrament

 

i would send them a letter requesting all info ref the decree

 

as they have put it in writing, and if untrue, they are in big trouble.

[rory32]

Ive just recieved a letter Buchananclark+wells saying that they have been granted a Decree for a debt i had 15 years ago.

What type of account is this?

 

Did you receive any paperwork from the court/solicitors informing you that a claim had been made against you?

[murmagic]

This was an account from radio rentals for renting TV,Video etc.I have never recieved any paper work about the court action but that may be because i have moved in the last year.I have just sent a letter asking for details about the decree as i am going to contest this.Do you think this is the right way to do things or would you do anything different? I have not paid or acknowledged this debt for roughly 10 years.

thanks for any help

 

Found this on net

Under Scottish law, if a lender allows time to pass without receiving any payment an action for recovery may become barred under the Prescription and Limitation (Scotland) Act 1973. (For details of this Act see Gloag and Henderson 10th edition at Chapter 15.). These debts are completely extinguished and cannot be enforced. Once the prescriptive period expires the debt cannot be allowed as a deduction

 

 

 

[rory32]

You should certain ask for details of the judgement then if they can supply them contact the court to confirm this.

 

BCW have a habit of obtaining decrees, it would appear, where the defender receives no paperwork regarding the claim against them.

 

5 years do apply for the statute barring of debts in Scotland but if they obtained the decree years ago then they have 20 years to enforce a decree. However, you have similar rights in that you have 20 years to recall the decree (through what is known as a reponing note) if you have grounds to do so.

[murmagic]

Many thanks rory32.I spoke to them and they said the decree was granted Jan 2008.So my thought was to reopen decree when i get the details from them and use the statute barring of debts in Scotland in court if they dont drop the case.I was hoping after a few letters there maybe drop the case as they will relise they dont have a leg to stand on but im in for the long hall if needed.Thanks again

[murmagic]

I was wondering if i should use one of the template letters to send to the OFT about them chasing statute barred debts?Anyone think this would be worthwhile?

[rory32]

Yes. Especially as there would appear to be a number of instances at the moment where BCW have got decrees on debts that may well have been statute barred. However the defender for whatever reason has had no opportunity to defend the decree as no paperwork regarding the claim has been received and the first notification has been a phone call or letter from BCW. All very dodgy.

[murmagic]

Just had a online credit report done and surprise surprise there is nothing about a decree in my name on it.Cant wait till i get there reply about the details of the decree from the DCA,should be interesting

[IdaInFife]

You could also contact your local sheriff court and ask them for details.

 

 

ida x

[murmagic]

Good idea thanks.Think it would have supposedly happened it a glasgow sherrif court and i live in angus.Do you think they might have something on there database in Angus about it?