Decree Granted

[cluelessmum]

I received a letter from Nolans Solicitors a while back regarding an old blackhorse debt. I set up a payment plan which was going fine but then I had to change the amount so requested a standing order form and also requested a CCA. I received the standing order by email ut couldn't open it so sent a request for it by post. I heard nothing until i got a letter saying I was in arrears. I contacted them and explained they had not posted my standing order form and also asked about my CCA request. I then received a response saying:

 

We write to advise that as stated in our letter to you of 3 April 2009 as a Decree was granted in this matter on 22 March 2004 our clients will not be providing a copy agreement. Should you wish to dispute you liability in this matter at this stage we would advise you to seek legal advice.

 

 

I have received no letter on 3rd april and don't know what any of this means regarding a decree, can someone help?

[meols cop]

Have you a CCJ against you in regard to this debt?

[cluelessmum]

I am not sure, I moved around a lot and they did not have an up to date address for me so I am unsure what was sent where.

[dx100uk]

check your cra

 

dx

[cluelessmum]

There is nothing on my credit file about it. I just don't understand what the decree means and why I can't have a copy of the original credit agreement. I do not want to dispute the debt, I wanted to see what the original amount was and if PPI was added to it etc as the debt was so long ago.

[andie_303]

I would imagine Decree is like CCJ - however I don't know why this would stop them from sending a CCA.

 

Out oif interest if they don't have your address how were you planning on gettinbg a CCA from them??

[cluelessmum]

They have my address now. Received a letter in November last year at my most recent address so they finally managed to track me down.

[andie_303]

there is no reason for them not to provide a CCA - I would write to them asking to clarify their reasons for not sending this to you. Give them 14 days otherwise you will escalalte this further FOS can be done after 8 weeks of initially asking for CCA

[cluelessmum]

ok thanks, will try that!!

[Kraken1]

are you in scotland?

[cluelessmum]

yes in scotland

[Kraken1]

ah. thought you might be. I think a decree is basically a judgement against you. don't do scottish law though so can't help, sorry.

[DonkeyB]

Either way, if you did not receive the court documents, you have a very good case for applying to have the judgment set aside. It's bad form for them to serve at a last-known address if they had had no communication from you to confirm your whereabouts.

 

You can look up judgments here, but it costs:

 

http://www.trustonline.org.uk/

[cluelessmum]

thanks did a search on this site and there's nothing regitered for me. Asked them to explain clearly about why they are unable to provide me with a copy and heard nothing back. Have also contacted FSA for advice.

[Pinky69]

Nolans work out of Kilsyth so if anything was registered against you it would probably be at Glasgow Sheriff Court so you could phone the court and ask if there was a civil judgement made in your name on that date and if so you were never served with a copy of the pre-court papers and wish to have it set aside. I would also ask Nolans directly for the details and tell them you know nothing about any decree and that decree or not they must provide you with a copy of your agreement on request - that's the law and they know it. They are not above telling lies. They tried to tell me once that I had phoned their office but I most certainly didn't. They had no agreement for me but threatened me with legal action. I called their bluff and said I would see them in court and they disappeared never to be heard from again.

[cluelessmum]

great thanks.asked them a couple of times now about the decree and agreement and they aren't getting back to me!! I'll leave it a couple of weeks before I make my next move.