English Debt

[Coach77]

If I had debt which occured when I lived in England but now I reside in Scotland

who's jurisdiction is it where would any court case be held?

[sillygirl1]

It would be Scotland. Jurisdiction is where you live, not where the debt was taken out in.

[Coach77]

thanks

[ray_gamba]

If it is a consumer debt they would have to pursue you in Scotland. If it isn't, e.g. debt from a business contract it would depend on the terms of the contract.

[Coach77]

scenario is consumer

[UnmoderatetheNet]

The likelyhood of an Englsih DCA bringing action into scottish jurisdiction is Nil or at least I've heard this to happen. Technically it could but it doesn't for lots of reasons

 

I'm sure there are cases but essentially what you'll get is scary letters and threats of doorstep collections and sheriffs. Its a long walk from england.8-)

 

I think the worst that could really happen and again I've never heard this is them paying a local collector to pay you a visit and as he/she has about as much right as the icecream man you know what to do.

 

As for sheriff that is not going to happen, not without court action and thats a big ask for the OC or DCA stupid enough to buy a resident of scotland, english debt.

 

whenever you reply to there stupid threats I always advise people to put SCOTLAND just below the city address line, its just a small gesture but it ****ess them off enough to know you understand scots law:lol:

[Coach77]

You were wrong

[UnmoderatetheNet]

Well if thats the case give us details by scanning documents (AND REMOVING PERSONAL DETAILS) or by explaning what has happened.

 

Simply saying 'I was wrong' doesn't help anyone least of all you.

[maroondevo52]

You were wrong

 

Like UnmoderatetheNet says, some sort of explanation would be helpful.

I had Cope's take me to court in England but as I was resident in Scotland it was denied that the English court had jurisdiction, case was thrown out.

[Coach77]

Do you guys know that they are members on here as they were able to refer to comments made by me on this forum.

They have sent me a copy of a decree they were awarded in a Glasgow sherrif court in 2007 at an address I used to own as a buy to rent but never lived at, in Glasgow.

They only told me about the decree after I sent the the SB doc from here.

 

They were also awared interest at 6% per annum, I think they got the decree before they lost their licence, I dont know if that matters.

Funny thing is I was living in England at the time near to their offices with an ex girlfriend but I cant prove that.

Edited December 17, 2010 by Coach77
spelling

[UnmoderatetheNet]

Paranoia aside. Your original question was:

 

If I had debt which occured when I lived in England but now I reside in Scotland who's jurisdiction is it where would any court case be held?

 

I have to say I'm a little confused by your new info but I think your new question is about not being notified of a DECREE, is that right?

[Coach77]

My OP was asout jurisdiction, which had been answered.

But then someone (you) reopened the debate by saying it would never happen.

Not long after you posted that I got sent a copy of the decree I knew nothing about.

I do have a new problem because of this that I will start a new thread later, all I was doing was pointing out that they do pursue you in Scotland and go to the courts. TBH I dont know what a decree really is; is it exactly the same as a CCJ?

My main worry now thogh was the advice I was given here on CAG was wrong.

Based on the advice given here, I sent an SB letter and that gave them a confirmed contact & location. They then sent a copy of the decree, so i'm a little bit down right now.

There is No Paranoia, your advice was wrong and in front of me right now is an extract of the decree for payment that JWD Financial Services were awarded the sum was only £1947.80 at the bottom it shows they used Glasgow based Turner Mcfarlane & Green as their scottish legals.

Edited December 17, 2010 by Coach77
realised who I was answering

[maroondevo52]

Do you guys know that they are members on here as they were able to refer to comments made by me on this forum.

.

 

Hi,

 

Are you saying the DCA's referred to your comments on here or that they sent you a copy of the decree after you sent the stat barred letter or did they indicate in any way they had seen comments made on your thread on this site.

 

Regarding the Decree..........

 

Money judgments issued in Scotland are referred to as decrees and are issued through the Sheriff's Courts. They are the Scottish equivalent to England’s and Wales’ money judgments which are issued in the county courts; county court judgements (CCJs).

 

Details of Scottish Decrees are supplied by the Sheriff’s Courts to The Registry Trust. The Registry Trust maintain a public register (by agreement with the Scottish Courts Service) containing all Small Claims and Summary Cause money decrees entered in the Sheriff’s Courts during the preceding six years. The Registry Trust notifies the credit reference agencies of all decrees, recalls and dismissals on a regular basis and they update your files accordingly.

 

A Scottish decree, like a CCJ, will remain on your credit file for 6 years from the original judgment date, whether the balance has been paid or not, and are very damaging to your credit score. Once a decree has been paid it should show as satisfied on your credit files. If a decree has been issued in error it can be ‘set aside’ and evidence of it completely removed from your files. If you have a query about your Scottish decree you should contact the issuing Sheriff's Court as only they can advise on court matters.

 

 

Regards.

 

Scott.

[UnmoderatetheNet]

Its clear the OP has a problem with my advice, which is not a problem, having looked through the OP's 13 or so posts my cynical outlook really prevents me from helping any further.

 

I would suggest the OP does one of two things in order to get the correct help needed

 

Post a clear and concise account of what happened, starting with the type of debt to any other info the OP feels would be relavant to getting help.

 

If the OP is not comfortable with doing this it might be a good a idea to ask someone like maroondevo52 who is part of the site team if he can email him direct for help, thus avoiding the need to post info.

 

I will say that reading back over the thread you were at no point given false information.

 

I have dealt with over 50 unenforceable debts some as high as 25k not one of them has been brought before a scottish court several have been foolishly brought before English courts but the defense for this so is so simple I could post it in one paragraph.

 

If a CCJ has been obtained in an English court this is slightly different, I still feel if this is the first you've heard about the CCJ, your case is still good, but like I said it is probabaly better you deal one of the site team direct.

 

I won't be commenting further on this topic.

 

After almost 800 posts its a welcome relief to receive slurs to my reputation.8-)

 

I wish you luck OP with your Decree but its not all bad these things are never so clear cut, hopefully with help we can get it set aside and have the DCA choking on the salivia of there own frustration.

 

If you ask nicely IdaInFife has exceptional knowledge of scots law

Edited December 17, 2010 by UnmoderatetheNet
Addded another site team member

[maroondevo52]

Unmoderatethenet, think the op's referring to this thread....................

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?284454-Out-Of-The-Blue-T8I-Call&highlight=

[IdaInFife]

So you never received any details of the decree at the time it was granted?

 

If so , is there a valid reason to dispute it?

 

If so you can ask for it to be recalled and the process would start from scracth

[Coach77]

Unmoderatethenet, think the op's referring to this thread....................

 

Your absolutely right.

Also, In their letter there were quotes from that thread plus a comment about not beleiving everything you read on the internet.

 

Thats why I wont put too much info on here or upload any docs, if someone is willing to help privately I would welcome that as I am panicking now and thinking about going into hiding

Edited December 18, 2010 by Coach77

[Coach77]

So you never received any details of the decree at the time it was granted?

 

If so , is there a valid reason to dispute it?

 

If so you can ask for it to be recalled and the process would start from scracth

When you say start from scratch what would happen about the time period being 8 years is it no longer statute barred.

I dont even really know what this debt is truly for I guessed it was a credit card as it has HFC on the letter but I have NEVER had ANY documents not a thing I dont even know if the DCA really owns the debt.

What reasons can it be Set Aside?

[IdaInFife]

To have it recalled as they sent the docs to your non resident address is enough and just a simple CT demand etc would be enough as proof.

 

As regards to SB I'm afraid they would take it from the original decree would would put it back under the 5 years.

 

What type of action was it, small. ordinary or cause?

[Coach77]

To have it recalled as they sent the docs to your non resident address is enough and just a simple CT demand etc would be enough as proof.

 

As regards to SB I'm afraid they would take it from the original decree would would put it back under the 5 years.

 

What type of action was it, small. ordinary or cause?

 

I dont know i cant see it on the decree and I hve no other letters other than 2 chasers.

When would this deree become SB I still dont live at the address they are writing to.

Also what is a CT Demand?

 

Another thing I heard was that the DCA had lost their licence for a time after this and only recently regained it, does that have any bearing on the matter. Plus the fact they listed the debt and my name in a local paper and announced they were looking for me that was about a year before the decree.

[IdaInFife]

It would be 5 years from the date of the decree. CT = Council tax demand.

 

It wonlt have any bearing regaring their licence as its been reinstated.

 

regarding the newspaper - do you still have a copy - this would be a complaint to the OFT to deal with it.

[Coach77]

It would be 5 years from the date of the decree. CT = Council tax demand.

 

It wonlt have any bearing regaring their licence as its been reinstated.

 

regarding the newspaper - do you still have a copy - this would be a complaint to the OFT to deal with it.

 

I can always get a copy newspapers always keep records bu I would have to troll through the archives to get it, how would that help?

[IdaInFife]

it wouldn't help - it was you that asked regarding it so i was just saying the only thing you could do about that is complain to the OFT - would have no bearing on the current issue