Jump to content


Decree granted and BCW


fegan2401
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4018 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hiya, was wondering if anyone could give me some advice.

 

I took out a loan with Bank of Scotland with my then partner for roughly £10k in 1997. I defualted on this after falling out with my partner and ended up drinking quite heavily for a few years after this. A decree was granted at the Sheriff Court in Sept 2001 for about £8.7k and it also states that interest of 8% per year can be added. As I had no fixed abode for years after I initially split up and moved about a bit I didn't receive any notice of this decree.

 

I was contacted a couple of times by a few DCA's about payment and paid some of this but it was never for that long because of the way my life was at this time. I was then contacted by Buchanan Clark & Wells in late 2008 stating I owed the 8.7k. I sent away a letter asking them to provide a credit agreement after reading this site and received a letter a few months later with a copy of the decree and also the debt had risen to £15k.

 

I have now turned things around to the extent I have a new partner and a steady job although I don't earn a fortune. I was just looking for some advice on what I could do next. BCW havn't been in touch for best part of a year now but I don't really want to leave it in case they end up arresting my wages. I also don't want to contact them as it may open up the can of worms again, although I know I need to start paying as the decree will not just go away. But I can't really afford the kind of money It will take to pay this off in instalments with the 8% interest per annum.

 

If you need any more details please just ask.

 

Any help or advice will be greatly appreciated.

 

Thanks

Link to post
Share on other sites

when was your last payment?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Hiya, I'm not really sure as a lot of the paperwork has been lost. I did pay this for about 2-3 years through a company called Eurodebt but they were just conmen and took about £50 a month from me and only paid about £6 a month to the debt. The rest went on their charges but I wasnt getting any hassle so I just went with it for a couple of years. The last payment must have been about 2 and a half years ago.

 

Hope this helps, and thanks

Link to post
Share on other sites

ofcourse i'm not pointing toward avoidance here but 5yrs and it spent and they have to go back to court to enforce it

 

also i think that the decree HAS to mention THEM, and is not transferable if the debt is sold.

 

if the current fleecers are not making noises that they know it has a decree then i'd treat it as a normal threat-o-gram.

 

i'll ask someone to pop in.

 

dx

siteteam

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thanks for the advice DX100Uk.

 

Just to get this right in case I'm misunderstanding you.

 

BCW were not mentioned on the original Decree. It was only Bank of Scotland.

 

Does this mean it's only them that can enforce the decree.

 

Also I think a decree is open for 20 years in Scotland.

 

I did send a letter to BCW asking for a CCA but got a letter back saying they are not the Creditor.

 

It was after a while they then sent me a copy of the decree that was granted.

 

They also have the persuers down as Intrum Justitia Ltd Litigation/Bank of Scotland.

 

I have just noticed also on one of the letters that they quote that " judicial expenses were awarded to us by the Sheriff".

 

I don't think this is the case as BCW were not dealing with the case the time it went to court.

 

Hope this helps, thanks

Link to post
Share on other sites

there are many issues i am unsure of here as i said.

 

someone will pop in tomorrow whom i'm sure will help when he sees my alert

 

sit tight.

 

however i suspect you are ok.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Hiya,

 

The decree can be transferred to another DCA via the court and is not unusual for this to happen.

 

There is now way to vary the decree with the 8% so at the moment £1200 is being added for this year in interest and unless your payments exceed this, it is only going to continue to grow.

 

BCW/BOS can freeze the interest if they wish too to but are under no obligation to do so.

 

Is your ex partner also been persued for this? obviously if they were then it would be benifical for yourself.

 

Has BCW ever acknowldged that payments were recevied by Eurodebt? Just as there are many horror stoires of some companies like these failing to make payments to the crediotors.

 

It may also be of interest to send a SAR to BOS/BCW to check out a few things.

 

Was there any PPI on the original loan?

 

Ida x

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

Link to post
Share on other sites

Hi IdaInFife, thanks for the info. No I don't think there was any PPI on the loan but I will try and check.

 

You say the decree can be transferred to a DCA via the court. Does this mean that BCW or BOS would need to go back to the original court and have it transferred or can they just sell it on?

 

They will not chase my ex partner for the money as since I left about 12 years ago she has never worked and has no intention of doing so. I am the best way of them getting paid so they will chase me.

 

You say ask for a SAR, what type of info should I be asking for. As for the £1200 a year interest, I just can't afford payments any where near this in order to just cover the interest. What do you think is the best option for me at the moment? BCW havn't contacted me for about 10 months now. At the time they were very persistant but their interest has just dried up over the last 10 months.

 

I think the payments were made by Eurodebt as I was never contacted by anyone while they were paying this on my behalf.

 

Thanks again for your advice.

Link to post
Share on other sites

Ok,

 

What is your living situation?

 

Do you live with your current partner?

 

Do you own your own home or is it rented?

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

Link to post
Share on other sites

Hiya,

 

Yes I live with my current partner and I do have a joint mortgage with her. I have a child that lives with us. I also work full time.

 

My credit rating must be pretty good as I got the mortgage and have a couple of credit cards and don't have a problem getting credit anywhere.

 

She doesn't really know anything about this. She thought it has been dealt with a while back. I don't really have a problem telling her it's just that I didn't want to worry her.

 

Hope this is enough info, anything else just as. Thanks

Link to post
Share on other sites

Hiya, no there is no equity on the house. We got it valued a while back and it was worth a lot less than we bought it for because of the falling house prices.

 

Yes I have other debts from the same time as the BOS/BCW one. I sent CCA letters to them and they have not been in touch since.

 

As for present debts yes I do but I am managing to pay these. I pay out almost all of my wages on my mortgage and other debts. i don't actually have much disposible income after paying everything.

 

Hope this helps. Thanks

Link to post
Share on other sites

You have three options

 

You can either consider a Debt Arrangement Scheme. All interest and charges are frozen and the creditors are banned from enforcement via the sheriffs' court. To consider this option you must have sufficient surplus to clear the debt within ten years

 

You could also consider a Trust Deed which would clear the debt in three years although if you have no equity it's faster and cheaper to consider the bankruptcy route (negative equity will alow you to go bankrupt, get your credit debts all written-off AND keep your home

 

Some very good information on this website:

 

http://www.nationaldebtline.co.uk/scotland/

Link to post
Share on other sites

Hiya Sequenci, thanks for the info. I have had a quick look at the link you sent me. there really is a lot of reading in it.

 

Bankruptcy is something I don't really want to consider as it will effect me later on if I ever go for another mortgage etc. Trust deed I will have to read up on a bit more as I am not too familiar with this. I did know a guy who entered into one of these a few years back and I can vaguely remember him having a lot of trouble with this, something to do with his pension I think. As for a DAS, this is the one I am leaning more to although even with only the BOS/BCW debt I will never be able to pay it off within 10 years.

 

If I was going to contact somebody about this would I contact BOS or would it be BCW. I think IdaInFife said earlier in the thread that the decree would need to be transferred to BCW through a court from BOS as it was issued to them initially. (If I picked this up right). I have never had any notice of this being done.

 

If I were to contact BOS and ask them to waive the interest they have added over the years this would leave the debt at around £8k and I could make an offer to pay £50 per month (which is all I can reasonably afford at present). Do you think that they would accept this? I know you can't give a definate answer but in your experience and being more involved in this site have you heard of this approach being successful?

 

Many thanks

Link to post
Share on other sites

Bankruptcy is something I don't really want to consider as it will effect me later on if I ever go for another mortgage etc.

 

Is it your intention to get another mortgage within the next six years?

Trust deed I will have to read up on a bit more as I am not too familiar with this. I did know a guy who entered into one of these a few years back and I can vaguely remember him having a lot of trouble with this, something to do with his pension I think.

They are not for everyone - and also an insolvency measure just like bankruptcy with the same implications on your credit etc. If you have no equity there really is no point in paying all that extra money for a trust deed.

  • Haha 1
Link to post
Share on other sites

Hiya,

 

No I don't intend to get another mortgage but my present deal runs out in a year or so and we will probably look around for a better deal as the present one has quite high interest.

 

I have been reading more about the DAS. It looks like this would probably be the better way to go for myself. I don't mind paying off tye money I owe but it's the interest that would be a big stumbling block. what do you think about my idea of contacting BOS about an arrangement or would I be better leaving it to the money advisor dealing with the DAS to do.

 

Thanks a lot for all your help so far.

Link to post
Share on other sites

Well, it's certainly worth contacting BOS to see what they can do to help - the do have a duty of care to assist you if you're in financial difficulties. This is clearly defined within the Lending Code.

 

The DAS route is very popular and less serious than the insolvency routes, you do need to consider that it'll be a decade before the debts are cleared though. That's a LONG time.

Link to post
Share on other sites

Hiya,

 

It is a long time but it's maybe the stigma that's attached to bancrupcy. Please don't think I'm judging anybody that has been down this route as I know this is the best option for a lot of people. Plus when you go for any kind of credit or insurance they always ask if you have been declared bankrupt.

 

I will try to contact BOS myself and if no joy I will then try the CAB about a DAS.

 

Many thanks for your help so far.

Link to post
Share on other sites

  • 1 month later...

Fegan2401

First thing i would do is get all the paper work out and read over it carefully, if you dont have the original agreements and they cant produce them the debt might not be enforcable, the other thing is see if you had ppi on the loan. i wouldnt enter into any schemes though to pay it off as you never defend the action so you could apply for it to be recalled and ask for time to pay direction. i will post some links for you, i am going down this route myself, im not an expert though iv just done my homework and done alot of reading. i previously had to deal with bcw and they stopped pestering me when i spoke to a manager asked for the credit agreements which they couldnt give me, they have never bothered me since.done the same with lowells they send me a letter saying as a goodwill gesture they have wiped the £3000 debt. you could contact govan law centre they might help you with this or go to there website on there they have drafts of most documents you will need also the national debtline scotland website have fact sheets that are really helpfull. my family lawyer is quite good with me, im going to ask him if im doing everything properly myself before applying for recall of decree.cant post links am still a newbie lol.

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...