Backdoor summary cause Decree - Marlin for old BCT VT issue - Help with Recalling and defending it.

[maroondevo52]

Hello and Welcome,

 

Another Mod, IdaInFife's the best one to help you, she's not on-line at the moment but I'll ask her to have a look at this thread when she is.

 

This thread might help in the meantime........

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/250252-scots-law-decree-ccj.html

 

Regards.

 

Scott.

[IdaInFife]

Hiya,

 

Was the decree sent to your address?

 

 

You would need to send a sar to BCT - this should get you all the info payments and corres that you need.

 

you can edit this to suit:

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-

[chris2472]

Thanks for responding,

I assume the decree was sent to my previous address.

 

I only found about it from the solicitors letter demanding payment that I received in December last year.

 

When I contacted Edinburgh Sheriffs court they initially told me that there was no record of the Decree.

 

I checked my credit file with Experian and there was nothing showing.

 

I received a further letter last week saying that as I had not responded (as advised by a solicitor) they were going to instruct Sheriffs officers to proceed against me.

 

I contacted the court again and they managed to confirm there was a decree granted against me.

 

I discovered that Equifax has the Decree recorded but it's still not showing on Experian.

 

I will send the sar request immediately.

[IdaInFife]

Ok

 

Go ahead with the recall. ( please try and make sure you have proof that you resided at antoher address i.e. CT billes etc and keep copies as you may or may not need these.

 

If and when the decree is recalled and then the balls starts again then you can ask for copies of docs etc but I would recommend sending a sar asap as sometimes these can produce other things

[chris2472]

Thanks Ida I'll get right on it

[chris2472]

I have sent a SAR to bct and have submitted my minute of recall to the Court. I have been given a date in 2 weeks time but am worried that I will have no information back from the sar by then. I currently have no paperwork relating to the hire purchase and am not 100% certain of what year I bought the car. I can outline events that led to the dispute but will my word alone carry any weight?

[IdaInFife]

ok

 

we need to know exactly what the hearing is?

 

what kind of judgement was it, small, ordinary or summary cause?

 

Ida x

[chris2472]

Hi Ida, the hearing is a summary cause recall of decree. Thanks again for all your time and effort. Its greatly appreciated :grin:

[IdaInFife]

ok, this is just for the recall and then what happens they would need to the re-serve the original paperwork and that's when you need to start work

 

for now I would start reading some threads

 

http://www.consumeractiongroup.co.uk/forum/dealing-debt-scotland/180427-rrfcfan-court-wf-all.html

 

this will show you how to prepare incidental application - asking for docs etc and how the process goes

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/204411-funding-corporation-scotland-3.html

[chris2472]

Today I received a Notice of intention to Serve Charge and Attachment from mce portfolios sols followed 10 mins later by a phone call from a Sheriffs officer to say they had successfully served my minute of recall and that I can collect the certificate. Am I right in thinking that everything will be put on hold on hold until the hearing or is there anything else I need to be doing?

[IdaInFife]

yes, no enforcement can be taken until after the motion for recall.

 

It may actually be best to start on your incidental application - dependant on the judge - some will grant the recall and fix a date to start again or some will ask for it go ahead there and then but because you don't have the info you need you can ask for another date until you get the info so might be best going armed with an IA to keep that step ahead

 

Ida x

[chris2472]

Thanks again Ida. Win, loose or draw I'm starting to enjoy this

[chris2472]

I've had a response from BCT to my SAR saying they've cashed my PO but will be sending me a Cheque for £10. They closed the account on 7/12/2005 and sold it to Marlin finacial on the same day. They no longer hold the information I require and have only "salutary" details on file.

 

Do I accept this or keep pressing?

[IdaInFife]

ok.... that's okay .....

 

 

you can ask for everything in the incidental appliaction

[chris2472]

Thanks Ida, if bct don't send me a cheque for the £10 can I send a DCA after them ?

[IdaInFife]

lol

[chris2472]

I had my decree recalled this morning. Sheriff ordered MCE to hand over a copy of the original agreement and all correspondence and phone transcripts. I take it this would count as an incidental application or do I need to go further? Date has been set for 21st of April. On a personal note I would much rather step back into the ring than go to court. I got exactly the same rush of adrenaline but, apparently, I'm not allowed to punch anyone

[IdaInFife]

well done,

 

did you actually hand over a incedental application?

[chris2472]

Hi Ida, I didn't hand over an IA, the Sheriff directed MCE to provide me with copy's of the original agreement and all correspondence they hold relating to the account. She set a date of 21st of April than asked MCEs Sol if that was sufficient time for them to comply.

[IdaInFife]

Thats is ok for the moment but have a IA ready for the 21st just incase

[chris2472]

Hi Ida

I received a letter from MCE's sols containing First Inventory of Productions for Pursuers. I have uploaded to photo bucket:

Photobucket. All documents were 1 sided and also contained a copy of the original direct debit mandate but no info on payments made or my voluntary termination of the agreement.

[IdaInFife]

ok i am getiing someone to look at the agreement and help with an IA for you ok

 

 

ida x

[chris2472]

Thanks Ida, you rock (as always)

[seriously fed up]

Hi Chris, Ida asked me drop by and have a look at this.

1. the agreement does look to me to be enforceable - its all there - the rate of interest (36.8%! ), charge for credit (and they dont seem to be trying to be clever by excluding some charges - for instance the acceptance fee is included) and repayment arrangements are all there. So assuming its all been signed properly - I assume that you have blanked this out - it looks pretty kosher. Therefore your best best would be to show that you just dont owe the money, which takes us to the incidental application.
   
   
2. you can download the form for this here - Small Claims Forms - its right down at the bottom of the page - you can download as Word or pdf. The former might be better as it would allow you to complete on your pc. Basically its a question of asking the court for what you want/ need to show that you dont owe the money.
   
   
3. Therefore the "content" of the IA would be to require MCE to produce statements from the date you entered into the agreement until the date you handed the car back. Then it should be simple to point to the section in the agreement that allowed you to pay 50%, return the car and walk away, AND that you did indeed pay the 50%. Then the only thing they might try on would be that the car was returned with damages - but I would go very strong on "prove it", which I doubt very much that they could do (there should be some sign in the correspondence)
   
4. So the IA would be that you (defender) respectfully crave the Court to: require MCE to produce statements of account from date the agreement began (whenver that was ie a/b/20ab) till the date that the car was returned (whenever that was -ie x/y/20xx) in order that you can demosntrate that by the latter date (x/y etc) that 50% of the balance had been payable had been paid, in accordance with the termination clause of the HP agreement. Something like that. Plus anything else that you think you might need.
   

Alternatively, IF you can get old bank statements from the tiem when you were making the payments to them by d/d, you could show that way that between the date of the agreement starting and the date when you returned the car that you made payments of at least 50% of the balance. That way, I dont see anything that you would need an IA for. Or alternatively put the IA in, get the bank statements and you are about as well tooled up for this as you could be.

Edited April 2, 2010 by seriously fed up

[chris2472]

Thanks for that. BCT initially claimed I had paid less than 50% then claimed accident damage after I corrected their maths. I disputed the damage claim and heard nothing further from BCT. The case is due back in court on 21st of April, will I need to ask for a sist whilst MCE deal with the IA or is that MCE's problem?