Sheriff Officer trying to deliver papers - Walker Love

[JimBrain]

Out of the blue this week I've received calling cards from Walker Love asking me to contact them about a legal document to deliver/legal matter to discuss

- they did not indicate which and I had no idea what this was concerning so obviously didn't contact them.

 

I have never had any contact from them before, or any letters/demands for payment from them prior to this.

I received cards Monday, yesterday and again today (I work 9-5).

 

However today's card has a message on the back stating they wish to deliver legal papers

in relation to a loan from a bank I've had nothing to do with for 4 or 5 years.

 

I did have some difficulties round that time and some debts were passed to DCAs

so I have received red ink bully rubbish from a few of them in the past

but I'm aware Walker Love are Sheriff Officers and not run of the mill DCAs.

 

My first thought was 'has something actually gone through the courts re this'?

Would they be delivering papers on behalf of another DCA?

 

The card says they will try again in 2 days - I will be working - and advises I should call them if I will be unavailable at this time to avoid them visiting in the evening or at a weekend.

 

I'm not even sure if I actually owe any money and have got over that difficult period a few years ago and it has been long forgotten.

 

By the sound of it, sooner or later they are going to call when I am at home, probably with my young daughter too,

Should I agree to receive the papers or just stonewall and deny knowledge of the debt I don't know about??

 

Quite stressed about this as I am a home owner.

[maroondevo52]

Hi,

 

Sounds like they are trying to serve a writ or summons, decree or charge for payment, if they are unable to serve these in person they can put them through your letter box, think I'd wait on that happening.

[JimBrain]

Hi,

 

Sounds like they are trying to serve a writ or summons, decree or charge for payment, if they are unable to serve these in person they can put them through your letter box, think I'd wait on that happening.

 

Thanks M.

 

I've had absolutely no contact whatsoever from this mob before..

.surely they can't just send a writ/decree/charge out of the blue with no prior request for payment or notification or correspondence of any sort?

 

I will sit tight and if and when the papers arrive I will send a CCA letter.

 

One thing though, is there some sort of court clock ticking regardless of whether I've received the documents?

 

Is there any value in arranging to receive them to prevent missing a window for sending a CCA letter

and establishing exactly what they're after, or is the handing over in person just a ruse to hassle me for information and/or payment?

[maroondevo52]

Think it would depend on the value of the debt regarding what action the persuer has taken.

[IdaInFife]

and if its for council tax or a consumer debt

[JimBrain]

I think the debt could be in the region of £20,000 unsecured personal loan.

 

The loan was taken out in 2008, last payment somewhere up to 2 years after this

 

There would be no prospect of being able to pay even quarter this amount in a reasonable timescale. So any legal avenue to force me to pay this would only serve to bankrupt me and leave nothing left for Walker Love.

 

My home has no equity and is jointly owned with my wife who I am separated from. I don't have a car or any assets of significant value

 

I am meeting my current obligations without major difficulty by living a modest lifestyle.

 

If they are trying to deliver a charge of payment, is the clock already ticking and therefore worth my time taking deliver of it?

 

PS - They delivered another card on Friday. That's 4 visits in 5 working days without any previous correspondence in writing

[maroondevo52]

I think the debt could be in the region of £20,000 unsecured personal loan.

 

 

Hi,

 

For this amount they would need to take Ordinary cause action, think you'll need to find out what the score is, timescales won't apply until they serve the documents.

 

There's some info here on Ordinary Cause Actions.

 

http://www.scotcourts.gov.uk/taking-action/frequently-asked-questions/questions-about-ordinary-cause-procedure

 

If you find out they have raised an Ordinary Cause Action I would advise you to seek Legal Advice, I think you are in Glasgow so here is a list of free advice centers, one of the best being the Govan Law Centre ................

 

http://www.govanlc.com/glasgow.htm

[JimBrain]

Yes I am in Glasgow so thanks for the link.

 

Would I be able to counter with a CCA letter?

[maroondevo52]

 

Would I be able to counter with a CCA letter?

 

That's something I'm not sure about Jim, I'll try get some help with this.

Can you get in touch with anyone in the link I gave to get some advice tomorrow.

[JimBrain]

That's something I'm not sure about Jim, I'll try get some help with this.

Can you get in touch with anyone in the link I gave to get some advice tomorrow.

 

I'm at work tomorrow but could try to get some advice by phone.

 

Situation just seems so hopeless I was thinking I might as well defend it and let it take its course through the court

[maroondevo52]

Hi Jim,

 

I'm not too clued up on Ordinary Cause Actions and what your options are, I'll get in touch with a few 'caggers' that hopefully will be able to help you.

Let us know how you get on tomorrow.

[sequenci]

Hey there,

 

Do you have other debts too?

 

Just how negative is the negative equity in the property?

 

Best wishes,

 

Seq

[JimBrain]

Hi Sequenci,

 

My other finances are in order,

I have no other debts in arrears but have £3.5K credit card that I'm manage to service and reduce gradually.

 

I have 1K overdraft that I am rarely ever out of.

 

This Walker Love thing appearing out of the woodwork is a hammer blow, my life was just recently getting back in order.

 

The negative equity is hard to calculate exactly.

 

There is £65K on the mortgage but the property is not in good repair,

it is a mid terrace 2 bed in a not great location in the East End.

 

The next door property was sold after repossession in 2012 for £42K although Zoopla insists mine is worth £70K even when I selected 'in need of modernisation'.

 

The property is jointly owned with my wife from whom I am separated so don't think they can touch it anyway?

I am on amicable terms with her as we have a young daughter who we have joint responsibility for.

 

I am going to phone East End CLA in a few minutes and see what the say.

 

Thanks for all your help

[JimBrain]

OK - phoned Govan Law Centre who couldn't help without knowing what is in the papers, they referred me to Govan Money Matters who said same and referred me to a centre in East End who said the same. So I bit the bullet and phoned Walker Love.

 

The papers are on behalf of Lowell DCA

 

No info was furnished as to the specifics. I am hoping to arrange to collect the papers tomorrow lunchtime and will report back

Edited January 13, 2014 by JimBrain

[JimBrain]

Spoke to the Sheriff Officer and have arranged to pick up papers tomorrow. Very amicable discussion.

 

Could anyone confirm what is the role of Walker Love here, are they involved in trying to collect or are the merely messengers for Lowell?

 

He did a bit of fishing asking me if I remembered having a loan with the bank in question which I said no and was hoping he could enlighten me as to what this is about.

 

He mentioned something about an English company and then unfortunately we got cut off

 

Spoke again and he went on another fishing expedition.

 

Despite confirming his awareness of my earlier arrangement with his office to collect from their Glasgow city centre office as I work in the vicinity

he offered 3 or 4 times to come to my work if it is more convenient. Yes, because that's really what I want,

to be presented with a writ or summons at my place of work in view of colleagues.

 

Needless to say that was declined.

 

He says the whole thing will take 30 seconds, it may be a colleague rather than himself

and confirmed I will not be required to provide any further information.

I asked this because he said something about me having the chance to respond.

 

Will update tomorrow.

 

Thanks for help so far everyone

[sequenci]

They could either be acting as debt collectors for Lowell or acting as sheriff officers in regards to an outstanding decree. Regardless of what the situation might be - you'll have options, and we'll let you know more once you're aware of the precise circumstances.

 

Given what you've said already I've a feeling that there is an outstanding decree.

[maroondevo52]

Lowell will have employed Walker Love as English court's do not have jurisidiction in Scotland so Lowell will have used Walker Love to raise an action at your local Sheriff Court.

[JimBrain]

I picked up papers from Walker Love today. It seems the situation is not quite as critical as I had feared.

 

I was presented with a Statutory Demand for Payment for 23K

 

The Sheriff Officer seemed quite helpful.

There was an initial conversation where he asked if this was a debt I recognised

and could it be a mortgage even though it says personal loan.

 

I said no idea what it is and the amount is not realistically payable even if I did so can we cut to the chase of what Lowell are after please.

 

After this he assured me was independent in the matter and was quite helpful to be honest in terms of advice.

 

I have 3 weeks to return a denial slip, after which the ball goes back in Lowell's solictors BW Legal's court.

 

They can decide to negotiate with me, pursue sequestration proceedings or take a long walk off a short pier, preferably the latter.

 

The Sheriff advised that following this route, sequestration would be the only course of action open to them through the courts.

 

As far as I am concerned this would be a waste of everyone's time, my home is jointly owned,

has negative equity and I don't have a car or any significant assets.

This computer is about the only saleable asset greater than £50

 

They could perhaps squeeze a nominal amount out of me for 12 months which would be lucky to be 10% of the total.

 

The document BW Legal have provided in respect of the demand looks like a screenshot of the debt from a database with Lloyds TSB personal loan,

June 2010 as date of default, my name and an account number.

 

Can I send the prove it letter as part of the denial slip,

or send a denial slip and supplementary prove it letter?

Or another course of action?

[sequenci]

Hello again.

 

A statutory demand is quite uncommon in Scotland - although it's not totally unheard of.

 

As you're already aware, it doesn't mean that they will take it further - but it is a step that needs to be taken prior to potential bankruptcy action.

 

Should they go down the bankruptcy route, if there is no equity, the trustee has no reason to sell the property.

If you are discharged from your bankruptcy and the house remains unsold, it is still an asset and, if house prices rise, it may be sold in the future.

 

Your trustee still has the duty to sell any assets that are transferred to them.

If your trustee decides that they are not going to sell your home, they will formally abandon it and it will be transferred back to you.

They must make a decision about your home within three years of you becoming bankrupt.

 

You could look to see what happens next. Make an offer to pay by instalments. Consider a Debt Arrangement Scheme or a Trust Deed.

 

If it was me, I would probably hang fire to see what happens next - but in the mean time make a CCA request to see if they have all the paperwork in relation to this debt.

 

- Seq.

[maroondevo52]

I'd also have a look at your credit file to see if this debt's recorded, maybe even a SAR to the oiginal creditor as you say you have not had any dealing or made any payment with them for a few years.

[JimBrain]

Thank you everyone for your help so far. I can't describe how much weight has lifted from my shoulders from getting some clarity around the situation.

 

My guess would be that Lowell have taken a punt on me capitulating in the face of a scarey legal document with much scarey talk of demand for payment and sequestration, delivered by a scarey sounding sheriff officer, and offering to negotiate with them for a payment plan. Even half the balance would be 11.5K for not a lot of work.

 

Or alternatively that I will do nothing and they can then move to sequestration, which would be a waste of their time, but they don't know that.

 

It was scarey enough to spook me, give me a few sleepless nights and come to this site for advice.

 

I think I will get a hold of my credit files to see if there is a default that matches the information in their papers.

 

I will wait a week or so and return the denial slip. It has a box to state my reason for doing so. Would something along the lines of "I do not acknowledge or accept liability for this debt on the basis that I did not enter/do not recognise responsibility for the credit agreement quoted" be sufficient? Could anyone suggest something more appropriate?

 

I will at the same time send the prove it CCA letter with my £1

 

My situation is such that having discussed with the SO, sequestration is not the terrifying prospect if at first seemed.

 

I am fortunate in that being separated from my wife she moved out of the marital home to live in the town she grew up by mutual agreement.

Therefore in the worst case scenario where the home was lost she would receive her half of the equity

- something in itself that makes the sale of our home even more unlikely

- but would not have to go looking for a new place to live.

That would be my problem but not an insurmountable one.

 

In any case - although I'm not an estate agent or surveyor

- I simply cannot envisage there being the level of equity needed,

if any at all, that would be required to justify the sale of the home in the next 3 or 4 years.

 

I could live with 1 year of frugality under a trustee to remove any cloud over my future. I'm not living the high life as it is.

 

The alternative is to undertake to pay Lowell thousands of pounds over several years.

 

I think the balance of risk is in my favour.

 

Hopefully the denial and CCA prove it letter will be enough to show Lowell they are onto a loser though.

Edited January 15, 2014 by JimBrain

[dx100uk]

i'm sorry I did not see this earlier.

 

can I relate three episodes that I personally know of with people close to me.

 

I am NOT posting this as any 'perfect' advise nor that me being siteteam makes ANY difference

or contradicts other advise or that this is the correct thing to do for YOU.

 

my neighbours ran north in late 2008.

 

2 SD's delivered by WL

1 by John Campbells

 

the 2 by WL

1st - the sheriff like yours 'indicated' what he would do.

on the quiet he said ignore it. [2.5yrs ago nothing happened]

 

12mts after the last one

a 2nd - [diff debt though]

diff officer from WL

but related to him , well nowt happened for last other one

 

he reluctantly said well up to you to my neighbour

 

again nowt has ever progressed.

 

3rd SD 18mts after the first [no relation to the other debts]

 

John Campbell sheriff.

he got rather uppity

when told it would be ignored like the last 2

but again after a bit of a chat

ack'd that theres not really a lot lowells can do

unless they want to come up here and play with the Scottish system.

 

now, the important bit.....

 

these debts were NOWHERE NEAR your £20k

 

if that actually has any bearing I doubt it.

 

if Lloyds sold the debt on to lowlife

then odds on theres probably something wrong with its balance.

 

 

my musings

 

dx

[maroondevo52]

Dx do you think the op should ignore the SD and hope nothing comes of it ?

[dx100uk]

for the OP to decide.....

 

i'd also point to the fact that the sheriff 'appeared' to be offering a 'discount' negotiation?

 

if this is the case in MY VIEW ONLY

 

this casts further doubt' upon things

[maroondevo52]

I've a feeling Lowell are 'trying their luck' just not sure how they go about taking further action if op decided to ignore.