Decree issued -nolans demanding £8K on old Yescar HP - handed car back 6yrs ago!

[Rob1721]

I also have the same problem with this company.

 

I had a hired purchase 6 years ago in July 2005 and when I got it I was told I had 14 days to hand it back.

 

The car broke down before the 14 days so I handed the car back and and was told that would be end of matters and I'd just lose my £150 deposit money.

 

Iv just recently move back with my mum and found a decree for nolans demanding £8000 for a car that broke down and I handed back.

 

The decree was enforced in July 2009.

 

I ask for copy of contract and it says on contract you u hand back unsatisfactory good.

 

The date of purchuce was dated 25/6/05 and it defaulted on 28/7/05 which proves I had handed car back within the time they said I was able to hand it back.

 

Can anyone please adivse?

[maroondevo52]

Hello and Welcome, Rob1721.

 

I'll use your post to start a new thread for you in our Legal Issues Forum.

I'll send you a Private Message with a 'link'.

 

Regards.

 

Scott.

[IdaInFife]

I am no very good with HP,

 

can you confirm if this was signed on the premises?

[Rob1721]

This was a company called yes car credit who have since gone bust. The contract was signed on there premises. I have copy of contract and it states in my rights,

 

2). If you received unsatisfactory goods or services paid for under this agreement you may have the right to sue the supplier, the creditor or both.

 

3). If the contract is not fulfilled, perhaps because the supplier has gone out of business, you may still be able to sue the creditor.

 

I handed the car back cos of a break down less than a week of having it. Surly this contact is void? This is still on going after 6 years in July. What would you advise me to do?

[dx100uk]

haha

 

yes car credit

 

never seen one that was legal yet

 

ping postggj

 

he'll eat them for breakfast on this one.

 

dx

[postggj]

gday

 

you mention decree so i take it you live north of the border

 

Are they in the mood for dancing, do you think?

[dx100uk]

tnx post

 

dx

[postggj]

idainfife

 

do you have a thread link on setting aside a decree

 

in england its called a ccj but i know they do things different north of the border

 

i can get this decree/ccj set aside with no problems but its the correct scottish proceedure i need to brush up on

[Guest]

[quote=postggj;3392157...do you have a thread link on setting aside a decree

 

 

...

 

for reference re decree see for eg http://www.nationaldebtline.co.uk/scotland/factsheet.php?page=07_recall_of_decree

 

ps, as it is around 8k, wouldn't it be an 'ordinary cause' and therefore subject to 'reponing' if applicable rather than 'recall'?

 

what happened re the 'enforcement' in 2009?

 

imo

Edited April 30, 2011 by Ford
typo/ps

[Rob1721]

Hi guys.

 

Yeah I live in Scotland. I had enough of these people NOLANS and there threats. So iv applied to get the decree recalled and fingers cross they will see sense and I'll get this dropped. This is starting to ruin my life as I can't get a mortgage or anything with this dragging me down. Anyone have advise on this?

[Rob1721]

Postggj would you be able to help in any way? Would be much appreciated.

[postggj]

i can help on the legaliyt of the agreement which is pure bull s--t

 

but ime not up on scottish law and setting aside a decree

 

idainfife is the cagger for Scottish claims but i will be able to do the defense

[Rob1721]

Thanks very much postggj.

 

So what would be the next step of action to take?

[Guest]

so, it was an 'ordinary cause' then? and, therefore, you did a 'reponing note' to start the recall application process?

 

what enforcement 'action' happened in july 2009 mentioned in your first post?

 

imo

Edited May 20, 2011 by Ford
typo

[Rob1721]

I was living at a different address and never got the decree till I moved back in sept 2010. I was told it wasn't worth taking to court as it would be about the same amount in solicitors fees. I'm just sick of these letters for something i had that broke down after a week. And last thing I want is to be make bankrupt or pay this. They have not enforced this decree in 2 year of having it. All I get is letters saying I have 14 days to do something.

[Rob1721]

Sorry in my last posts I said they 'enforced' a decree.

 

What I ment was they had applied for a decree against me and it was granted but it's not been enforced yet. I'm not really clued up on decrees ect. :s

 

Sorry for any confusion caused.

[Guest]

ok, so it looks like they were trying for the 'pay up in x days' 'enforcement' to begin with and have so far left it at that?

 

presume it was an 'ordinary cause' then? and so did you do a 'reponing note'?

 

imo

[Rob1721]

Yeah they have just been trying for payment which they are not getting from me.

 

I'm just in the process of doing a reponing note. Do know if I stand a chance as it's been 2 years since the decree was granted.

 

I just want this off my credit report as it's affecting my life as I'm looking to get my first mortgage. If it was my fault and my debt then I would accept it and pay it but it's for something that iv never really had as it broke down and handed back.

[Guest]

you've previously said that you have made an application re the recall? what did you do?

 

re time limit - if a decree amount hasn't been paid, then a 'reponing note' can be done up to 20 years!

 

imo

[Rob1721]

I applied for legal aid and got it. I have to pay £1000 towards fees thou. So it's now in my solicitors hands. I don't know what happens now. If I have to go to court or anything to give evidence? I guess it's just a case of wait and see what happens.

 

What do you think my chances are of success?

[Guest]

ok. there will prob be a hearing just now. your sol should keep you informed, and should be able to advise on your chances etc. (wouldn't like to second guess your sol )

imo

Edited May 23, 2011 by Ford

[Rob1721]

Thanks ford. Thanks to everyone for advise and I'll keep everyone up to date on the case. Fingers crossed it a good out come and other people experiencing problems with con artists can do the same thing and not let these people try ruin peoples lifes!!