Court Citation for creditcard debt

[PCPFORMULA3000]

Hello everyone,

 

Last week I received a citation for my local sheriff court, the debt is question is with amex for 9k, I do not wish to defend the action, I take it a decree will be granted in my absence, I have been waiting for this for years, they have sent all these forms with it, time to pay etc, do I still need to fill these in, I do not intend to pay and want the decree to go through, I have a total debt of 50k which is prob 5 years old now am I right in understanding when a decree is grant they will issue a sherriff officer to serve a charge for payment? upon this can I apply for sequestation?

 

I have been out of work for a while and have recently started a temp contract which will end in 3 months, I am just getting on my feet and I see no point in filling in the time to pay forms when I do not plan to pay, as this seems an neverending payment story if did so, I have no assets, car, savings, I stay with parents, can anyone give me a brief breakdown, I do not understand why they are talking me to court when time after time I have advised them of the situation Can anyone advise if they have been the same situation and how it went, is my best bet to stay put and let them get the decree granted.

 

Thanks for everyone who listens

[beetle1234]

Think you have it right M8 but I am sure one of the experts will be along soon to confirm things or not...sounds like you have thought things through but have you sought out any free advice from people like Citizens Advice before you take such a big step ? All the best whatever you decide.

[IdaInFife]

if you are really sure this is they was you want to go then this should help explain the process:

 

National Debtline Scotland | Debt Advice | Factsheet 01 Bankruptcy

 

if you do then yes do nothing and await the charge for payment or arressment

 

ida x

[PCPFORMULA3000]

Hi again,

 

I have a decree obtain against me years ago which I have been paying off, a charge for payment was served on me for this in may 2006, instead of waiting for amex to gain a decree against me can I use this charge for payment in 2006 to apply for BR now? I still have it in my paperwork.

 

Thanks

[IdaInFife]

http://www.aib.gov.uk/Resource/Doc/4/0000540.pdf

 

you would need that but basically at this stage you would be applying for your own BK so would cost you £100 and you would need to owe more than £1500 to the company that has a decree on you.

 

other method would be to stop paying it and wait for them to file for BK or wait for a charge for payment from amex and wait 14 days

 

Ida x

[Monty2007]

Hi

 

I expect our "friends" from BTO have issued the writ on behalf of Amex. I am fighting an Amex writ for two cards (alleged £20 + K) and hopeful of success given that they do not have enforceable agreements and have issued defunct DN's.

 

Can you confirm when (approx) you took out the card(s) with Amex? Do you have a copy of your Application or "Agreement" and did they issue a default notice and/or termination notice.

 

You will know that you have 14 days to respond to the writ, it may be that you can defend this and win. It will be down to the time the account was opened, I would be happy to help you if you intend to defend. If your account was pre-2006/7 then it is likely that they do not have an enforceable agreement.

 

Read around the Amex threads and let us know the answers to the above questions. If you post any docs remember to remove any personal information.

 

Regards

 

Monty2007

 

Hello everyone,

 

Last week I received a citation for my local sheriff court, the debt is question is with amex for 9k, I do not wish to defend the action, I take it a decree will be granted in my absence, I have been waiting for this for years, they have sent all these forms with it, time to pay etc, do I still need to fill these in, I do not intend to pay and want the decree to go through, I have a total debt of 50k which is prob 5 years old now am I right in understanding when a decree is grant they will issue a sherriff officer to serve a charge for payment? upon this can I apply for sequestation?

 

I have been out of work for a while and have recently started a temp contract which will end in 3 months, I am just getting on my feet and I see no point in filling in the time to pay forms when I do not plan to pay, as this seems an neverending payment story if did so, I have no assets, car, savings, I stay with parents, can anyone give me a brief breakdown, I do not understand why they are talking me to court when time after time I have advised them of the situation Can anyone advise if they have been the same situation and how it went, is my best bet to stay put and let them get the decree granted.

 

Thanks for everyone who listens

[PCPFORMULA3000]

Hello Monty,

 

Yes indeed this is bto, I have been going back and forward with them since august of last year, they did send me a signed and dated agreement I think this is the right one, I got the amex blue card back in 2000 and defaulted in 2004, I cannot think that far back to remember if they issued a default notice, also the decree I already have was under 1200 and I have paid most of this off now, I think BTO are testing the water with me, they cannot have done there homework, I have no assets and was unemployed for ages there, now only working temp contract which ends in 2 months, I want to go BR!, I want to get a fresh start, even if I fought this and won, I have any 2 creditors which I owe 12k each, prob won,t long before they come sniffing around, If sent off time to pay order, I would have to declare who I bank with and who my temp employer is, if I chose to ignore this and they get there decree and instruct charge, it buys me a little time to file br after 14 days instead of them arresting bank account and wages while im waiting for br to be proceessed, if I do the time to pay order would I beable to put Im unemployed or would I have to back this up with paperwork? would this count as contempt of court?

[PCPFORMULA3000]

I still don,t know in bto thinking what they can gain from obtaining a decree from me

[Monty2007]

I still don,t know in bto thinking what they can gain from obtaining a decree from me

 

Well BTO are acting under instruction from Amex and frankly they do not do their homework as was the same in my case. They certainly do not "think" as you suggest..............

 

Your case is very winnable and that is why BTO have stalled, they are trying to work out if you will defend or cave in like most do. Given you opened your account in 2000 it is likely that they do not have an enforceable agreement and I suspect that BTO know this, however they are again relying on ignorance and you unopposing their writ so that they win by default.

 

Your other accounts may also be winnable. BR is a big step, its your call but think through it carefully.

 

Defending an Ordinary Cause Action will cost you £75 when you submit your Form O7 (Notice of Intention to Defend), I can do the rest for you since I am seven months ahead and definitely have the measure of BTO/Amex. There are lots of good people on CAG that will pitch in too so you will get lots of support and advice. I have been fighting Amex since November 2005.

 

Let me know if you are up for the battle. When was your writ served on you?

[PCPFORMULA3000]

Writ was received yesterday by recorded delivery, I don,t really want to waste £75 and my time defending when br is what I want to do, I have a friend who has just finished his and has been able to get mortgage and obtain credit, my only problem is going to be opening a bank account post br, would it be possible to opening saving account separate with creditors and keep this post br to get wages paid into, I ve heard that savings accounts do not show up on credit files?

Edited July 7, 2009 by PCPFORMULA3000

[PCPFORMULA3000]

has anyone any thoughts on this

 

cheers

[IdaInFife]

after my BK the Bank of Scotland happily opened a cash account for me even though they were one of the creditors in the BK

 

ida

[beetle1234]

I guess for some br is the answer and for others fighting the action is the way forward...you will receive no shortage of opinions on this forum but ultimately you decide. I will say however that if you choose to fight it Monty2007's kind offer of assistance will prove invaluable...I know just how helpful he can be and the similarities with his bto/amex case and yours means he knows how they "think"

Whatever you decide I wish you well....stay positive though as there is light at the end of the tunnel !

[PCPFORMULA3000]

Hello there,

 

new twist to my tale, I short term contract in my work has come to an end today, I am in the process of applying for jobseekers allowance, would I be able to lodge my br under low assets scheme straight away, or would I have to wait under I am in receipt of this benefit before doing so? I have up until the 21st july to send in my time to pay citation or defend. Would it be worthwhile filling out paperwork for br now and sending off with fee so I can save all the hassell with decree and charge for payment?

 

thanks

[Monty2007]

Hello there,

 

new twist to my tale, I short term contract in my work has come to an end today, I am in the process of applying for jobseekers allowance, would I be able to lodge my br under low assets scheme straight away, or would I have to wait under I am in receipt of this benefit before doing so? I have up until the 21st july to send in my time to pay citation or defend. Would it be worthwhile filling out paperwork for br now and sending off with fee so I can save all the hassell with decree and charge for payment?

 

thanks

 

HI

 

You need to check with the Sheriff Court that sent you the writ ASAP and where you will need to submit Form O7 (notice of intention to defend). I think you will be able to have the fee waivered but I am not sure on the timing as to when they will take your unemployment date as being. The Court should be able to help.

 

I can help you defend this.

[Monty2007]

Hi PCPFORMULA3000

 

How have you decided to proceed with this?

 

Please let me know.

 

Regards

 

Monty

[PCPFORMULA3000]

Hi there,

 

I sent off the time to pay order offering £10, which is all I can afford,now that I am unemployed this will give me time to sort out finances, In the next two weeks I will be filling for BR through low income low assets scheme, so if my offer of payment is rejected by the court and charge is served, Im in the same situation, I think amex will be a bit miffed to say the least that they will not receive a penny from me. BR is the only option for me being 50k in debt, im 27 now, so I want to get this cleared off and sorted.

[Monty2007]

Hi there,

 

I sent off the time to pay order offering £10, which is all I can afford,now that I am unemployed this will give me time to sort out finances, In the next two weeks I will be filling for BR through low income low assets scheme, so if my offer of payment is rejected by the court and charge is served, Im in the same situation, I think amex will be a bit miffed to say the least that they will not receive a penny from me. BR is the only option for me being 50k in debt, im 27 now, so I want to get this cleared off and sorted.

 

Dear PCPFORMULA3000

 

I am sure you have make the right choice, do read around the CAG BR threads.

 

Best of luck to you.

 

Monty

[PCPFORMULA3000]

The Saga Continues.

 

Hello I really do need advice on this now, if anyone can help, today I received another citation in from my local sheriff court asking for me to appear sometime in sept, I sent off my time to pay order a week ago offering £10 per month including my income and expeniture to explain, Im unemployed what else do they want from me!. Im hopefully going to be able to raise the £100 for low income low asset BR before mid september, if not what is the process if I have to appear in the sheriff court, if I do not turn up can I be arrested? Can anyone give me advice on this.

 

Cheers

[IdaInFife]

it means the claimaints have refused the offer saying it's too low for them. Is this sheriff court your nearest sheriff court?

 

you can't be arrested, it would be they would obtain a decree in your absence.

 

Ida x

[IdaInFife]

to be honest if the case is mid sept and you should have them monies for your LILA about the same time then there's not much they can do

 

ida x

[IdaInFife]

have you not received a statutory demand or a charge for payment from any of your creditors?

 

 

also national debtline says

There is also a fee of £100 which must be paid before you can apply to make yourself bankrupt.

There are no exemptions for the fee. Phone us for advice about possible sources of financial help if you cannot afford the fee.

 

 

you never know

 

http://www.nationaldebtline.co.uk/scotland/factsheet.php?page=01_bankruptcy#low_income

ida x

Edited July 30, 2009 by IdaInFife

[PCPFORMULA3000]

Hello again, thanks for the speedy reply.....I have a few more questions...

 

I take it the time to pay has went from sheriff court to creditor and they have refused it?

 

If I cannot raise the cash for BR and appeared at the sheriff court with all my proof of income etc, is it more than likely the sheriff will rule in my favour for £10 considering my circumstances?

 

If I went BR at the end of August before my appearance at the sheriff court would this cancel all action, would I have to pay any legal fees to the creditor or court?

 

Really do appreciate the help im getting here thanks!

Edited July 30, 2009 by PCPFORMULA3000
worng post

[IdaInFife]

Hello again, thanks for the speedy reply.....I have a few more questions...

 

I take it the time to pay has went from sheriff court to creditor and they have refused it?

 

looks like it

 

If I cannot raise the cash for BR and appeared at the sheriff court with all my proof of income etc, is it more than likely the sheriff will rule in my favour for £10 considering my circumstances?

 

yes

 

If I went BR at the end of August before my appearance at the sheriff court would this cancel all action, would I have to pay any legal fees to the creditor or court?

 

no just need to advise them and they court

 

Really do appreciate the help im getting here thanks!

 

 

read the post #22

 

ida x

[PCPFORMULA3000]

Hello again, thanks for the speedy reply.....I have a few more questions...

 

I take it the time to pay has went from sheriff court to creditor and they have refused it?

 

If I cannot raise the cash for BR and appeared at the sheriff court with all my proof of income etc, is it more than likely the sheriff will rule in my favour for £10 considering my circumstances?

 

If I went BR at the end of August before my appearance at the sheriff court would this cancel all action, would I have to pay any legal fees to the creditor or court?

 

Really do appreciate the help im getting here thanks!