decree granted

[retrogal24]

hi i am new to this site and would like some advice if anyone can help me.

I have just recieved a letter from buchanan clark and wells in glasgow saying a decree has been granted andd i owe them £735 which has to be paid by 26th nov. This is from a debt i had about 4 or 5 years ago with bank of scotland when i was a student. yes i stupidly didnt pay my debt back then. The thing is, this is the first i have heard from them. i have recieved no court proceedings letters. My question is, i have moved a few time in the last few years so is this why i havent recieved the court papers? and, the since this is the first letter i have recieved from bcw, why havent they given me full details ofmy debt including the date etc when the decree was granted? i hope someone can give me some advice, sorry for writing so much.

[retrogal24]

hi i am new to this site and would like some advice if anyone can help me.

I have just recieved a letter from buchanan clark and wells in glasgow saying a decree has been granted andd i owe them £735 which has to be paid by 26th nov. This is from a debt i had about 4 or 5 years ago with bank of scotland when i was a student. yes i stupidly didnt pay my debt back then. The thing is, this is the first i have heard from them. i have recieved no court proceedings letters. My question is, i have moved a few time in the last few years so is this why i havent recieved the court papers? and, the since this is the first letter i have recieved from bcw, why havent they given me full details ofmy debt including the date etc when the decree was granted? i hope someone can give me some advice, sorry for writing so much.

[retrogal24]

hi i am new to this site and would like some advice if anyone can help me.

I have just recieved a letter from buchanan clark and wells in glasgow saying a decree has been granted andd i owe them £735 which has to be paid by 26th nov. This is from a debt i had about 4 or 5 years ago with bank of scotland when i was a student. yes i stupidly didnt pay my debt back then. The thing is, this is the first i have heard from them. i have recieved no court proceedings letters. My question is, i have moved a few time in the last few years so is this why i havent recieved the court papers? and, the since this is the first letter i have recieved from bcw, why havent they given me full details ofmy debt including the date etc when the decree was granted? i hope someone can give me some advice, sorry for writing so much.

[rory32]

My question is, i have moved a few time in the last few years so is this why i havent recieved the court papers?

Possibly as the court papers would be sent to your last known address. This however does beg the question how come BCW now magically know your new address.

 

BCW have been sending out a lot of letters recently stating that they have a decree granted against people when it would appear that they do not. It is a criminal offence to state that a decree has been granted when it has not.

 

I would write to them via recorded delivery requesting full details of the decree including which court is was granted in, the name of the sheriff, the decree reference and the date of granting. Pay them nothing at the moment.

 

I would also get in touch with your local court and ask them for details of any decree against you. As this is a consumer debt any claim should have been made at your local court.

 

Even if they do have a decree against you don't panic. As it was granted in absence you have the opportunity to have it recalled.

[retrogal24]

thanks very much i will do that, also, if i do this and dont pay them at the moment, it says on letter i must pay full amount by 26th nov. If i dont do this, can they find out my bank details or where i work and arrest my wages?

[rory32]

also, if i do this and dont pay them at the moment, it says on letter i must pay full amount by 26th nov.

It really doesn't matter what they have sent you. This letter isn't worth the paper it's written on. If decree had been granted in absence then you would have one month to pay it before it would be registered on your credit report. All they have done so far is state that they have a decree against you - I could state that, it doesn't make it any more true.

 

If a decree had been granted against you then why have you received nothing from the court? The letter is designed to make you panic and pay up immediately without thinking.

 

If i dont do this, can they find out my bank details or where i work and arrest my wages?

Nope. As I previously stated you have a right to defend any claim against you. As it was granted in absence then it can be recalled as you had no opportunity to defend. If this account is 5 years old then it's also statute barred.

[MARTIN3030]

Thread moved here-and 3 threads merged.Please try to keep your posts together.

[rory32]

Thread moved here.

Why? All the other BCW "we've got a decree against you" threads are in the Dealing with Debt in Scotland Forum.

[retrogal24]

thanks alot rory, sorry but i have one last question, can you tell me how i should set out a letter to bcw, i want to do it right and not sure if i can get hold of a template or something, thanks again

[JonCris]

If they have falsely claimed to have obtained a decree (which seems perfectly possible) then they have DEFINITELY committed a criminal offence under the 2006 Fraud Act. That being the case you MUST report them to the police, trading standards & the OFT

[noomill060]

"BCW have been sending out a lot of letters recently stating that they have a decree granted against people when it would appear that they do not. It is a criminal offence to state that a decree has been granted when it has not."

 

Which begs the question- what is being done about it?

[rory32]

sorry but i have one last question, can you tell me how i should set out a letter to bcw, i want to do it right and not sure if i can get hold of a template or something, thanks again

Something along the lines of

 

Dear Cheating Barstewards

 

A/c Ref: xxxx

 

Thank you for your letter of (date) in which you state that a decree has been granted against me for the sum of £735.

 

However before I can acknowledge any indebtness to yourselves I would respectfully ask that you supply me with the following:

 

The court the decree was granted at together with the date of the decree. The court reference of the decree and the name of the sheriff who granted said decree.

 

I shall of course check with my local sheriff court to ascertain if indeed any decree was granted. As you will be aware as this alleged debt is a consumer debt any decree should have been granted at my local sheriff court and any action taken at another sheriff court would be incompetent on the grounds of jurisdiction.

 

Should I find that no decree has been granted I shall of course report what would then be a criminal act on your companies behalf to the relevant authorities not limited to the police, Trading Standards, the Scottish Courts Services and the OFT.

 

As all this information should be to hand I will give you the deadline of (I would give them about a week) to furnish me with this information.

 

I await your reply.

 

Yours Faithfully

 

Print name do not sign.

Edited November 23, 2008 by rory32
typo

[rory32]

Which begs the question- what is being done about it?

This would appear to be a fairly recent thing. People need to report the matter. If it's not reported then they get away Scot free (no pun intended).

[retrogal24]

thanks a lot, u hae been very helpful

[JonCris]

Something along the lines of

 

 

Rory I would suggest the 2nd parabe dropped

 

"However before I can acknowledge any indebtedness to yourselves"

 

for

"I do not acknowledge any liability to your company whatsoever but must assume your being truthful when you state you have received a court decree. Therefore and for the avoidance of any doubt and before responding further please supply a copy as soon as possible by registered post in order that I might check it's veracity"

 

Please Note the request for registered is to stop them claiming usually repeatedly that they have sent it when we all know they haven't

Edited November 23, 2008 by JonCris

[JonCris]

Then if they don't respond or say they don't have one you need to write back pointing out they may have committed a very serious criminal offence whilst telling them that you fully intend to report them to the police

[retrogal24]

hi joncris, thanx vry mch, i will be posting this letter of 2moro so fingers crossed.