form 5 yuill&kyle/arrow global/rbs

[flynnsmum123]

had sheriff officers at the door this morning serving me with a form 5 notice,

not really sure what to do with it.

 

problem is,

 

the account it is regarding is an rbs account that according to them i opened

and took either an overdraft or credit card out when i was 13!

the entry on my credit files has been disputed to rbs and subsequently removed from my credit reports.

 

id been in touch with yuill&kyle when i received a letter from them last wednesday

stating that i had been served with a form 5,

when in fact i hadn't at that point.

 

surely they can't issue this if its no longer valid?

 

edit: so i've just read over the forms again,i was half asleep earlier.

it reads

 

 

on or around the 2nd june 2005

rbs advanced monies to the defender in terms of an agreement regulated under the consumer credit act 1974.

 

the defender failed to the terms of the agreementand accordingly,

a default notice was issued (i never received this) in the terms of the acot on 9th may 2006

seeking £354.00 from the defender,

the defender failed to make payment.

 

so it appears,

it was the wrong info on all my credit reports

and i never received a default notice,

had no letters,

anything from arrow global

and the only correspondence i have had or recall having is from yuill&kyle.

 

if the default was issued in 2006 is it not statute barred then?

 

how do i go about this,

 

ive filled in that i intend to defend the claim.

 

i have until the 28th feb to get it back to the court

Edited January 20, 2014 by flynnsmum123

[AndyOrch]

Hi flynnsmum...are you in Scotland?

 

Is that the equivalent of a Statuary Demand in England?

 

Regards

 

Andy

[flynnsmum123]

yeah im in scotland Andy,i don't have a clue if its the same as a statuary demand.

just says on the front of the papers 'form 5 - form of service'

[AndyOrch]

Its the equivalent ...it aims to make you Bankrupt...I will report your thread for our Scottish experts as Scottish law is not my forte.

 

Regards

 

Andy

[flynnsmum123]

thanks andy,court date is set for 14/3 but hopefully it will be sorted by then cause i'll not be able to go

[citizenB]

Any Default Notice would (or should) have been issued from the original creditor.

 

When was the last payment made to this account ?

 

Debts become statute barred in Scotland after 5 years unlike the rest of the UK where it is 6 years.

[flynnsmum123]

last payment must have been made before the default was sent in 2006.

dont ever remember paying it after that.

 

should i just send the claim back to the court

 

saying i intend to defend or what?

 

can't really be dealing with going to court.

 

got other things going on so i don't need the stress

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?414486-Sheriff-Officer-trying-to-deliver-papers-Walker-Love

[flynnsmum123]

had a read of that dx,

 

so send off for a cca and post the form 5 off to the court with intention to defend?

 

or fire off a SB letter?

 

still waiting for yuill&kyle to phone me back

 

since the sheriff officer told me to get in touch with them when i explained what it was about

[sequenci]

Hello there. Have you had any other paperwork prior to this from a court at all, I@m assuming you've not had anything - just like you've had nothing from the creditor? Does your credit file show whether or not there is a 'decree'?

[citizenB]

Some more information for you.

As well as Time Orders (under the CCA) there is also a procedure called 'Time to Pay' - which has distinct similarities to the variation process we have down here. It prevents further enforcement (this is called dilligence in Scotland). One key difference is that Time to Pays are generally limited in time, the Sheriffs will only usually allow payments to be spread over a few years - though I've seen some which are a little longer. From what I understand, the creditor has to send information about the debtor's rights to apply for such an order.

 

 

 

 

 

Here's a useful fact sheet squire: http://www.nationaldebtline.co.uk/scotland/factsheet.php?page=06_time_to_pay_directions_and_orders

 

 

 

 

 

Given that it appears that there is already a decree, I wonder whether or there is the possibility to recall it - this is akin to a set aside.

[flynnsmum123]

Hello there. Have you had any other paperwork prior to this from a court at all, I@m assuming you've not had anything - just like you've had nothing from the creditor? Does your credit file show whether or not there is a 'decree'?

 

i had a letter from yiull&kyle about a week prior,saying that they had served me with court papers,when in fact i hadn't been.

 

i contacted them and they said they were looking into it. phoned and had to leave a message about 5 days ago now saying it was urgent someone get back to me and surprise,no phone call or email back.

 

the account is no longer on experian or noddle,it was removed. i can't check equifax since i had a free trial with them a while ago. there is defo nothing on there saying decree.

 

citizenb,ive had a look at that link,im a bit confused. do i try and set up this time to pay thing or not,the default was issued in 2006 apparently and ive not made any payments to my knowledge so it is SB

[sequenci]

Hello again,

 

Depending on where we are within the court process, and given that there is a good chance that the debt is 'prescribed' (another term for statute barred - genrrally used in Scotland) You *may* be able to apply to have the decree 'recalled'.

 

Here's a little more info:

 

http://www.nationaldebtline.co.uk/scotland/factsheet.php?page=07_recall_of_decree

 

- Seq.

[flynnsmum123]

sequenci, ive had a read of that...i may be over tired or just slow but i'm not sure how that would help me.

no payments have been made in 6+ plus as far as i am aware so it is unenforceable as far as i know,when reading that article i am getting the impression that it would be for a debt that isn't SB'd

 

i'm going to send the papers off tomorrow,do i just send the 1 page back to the court or do i include reason for defending etc

ie: that debt is SB'd etc

 

sorry for sounding stupid i am just up to my eyeballs with everything else i feel like a could cry

[sequenci]

If there is a decree, it's 'enforceable' - there is already an outstanding court order. This is why you'll need to go for a recall - to remove the court order, if it has been obtained. Hope that makes sense.

[flynnsmum123]

it does,sort of, but when you asked if there was anything on my credit file saying decree i went and checked and there wasn't. the debt this is regarding isn't even on my credit file anymore.

 

it says i'd need to go to the court to get the form for the recall,but i can't physically get to the court. its about 1hour bus journey and then 30-45 minutes walk. after the medical issues ive had i can't walk that far without being in extreme pain,can i phone them and ask them to send it?

[caro]

I'm sure it will be fine to phone the court flynnsmum. You say you have until 28th Feb to get it back to the court, so it would seem there's plenty of time for things to go back and forth by post. You should deal with it asap though in case there are other matters that need taking into account, especially if you do have to rely on snail mail. BTW, debts are statute barred after 5 years in Scotland so that's even better for you.

[flynnsmum123]

i spoke to CAB today,which were as good as a chocolate fireguard.....said that if i reply to the court papers it can/will be taken as an acknowledgement of the debt?

 

they said best to contact scottish legal aid board to see if they can point me in the right direction of someone qualified who can help,had to leave a message but no one has got back to me yet.

 

i am just SO confused

[sequenci]

Please call the court and ask them:

 

1) Is there a decree, if so when was it issued?

2) has there been a charge for payment issued, and if so what date was it issued?

 

Ta,

 

Seq.

[flynnsmum123]

got a letter from yuill and kyle yesterday i shall type it out and see whats what.

 

dear sirs

 

arrow global guernsey limited - v you

 

as you have failed to pay out clients acount we have served a summons upon you by sheriff officers

should you not dispute the debt then you are now liable to pay the sum shown below which includes judicial expenses and interest

 

to avoid a decree passing against you then please return the slup below with your remittance. failure to do so will mean decree passing against you and our instructing the sheriff officers to recover the principal,judicial expenses and a greater amount of interest along with the sheriff officers fees. a decree is the courts order requiring you to ay the principal sum due,interest and associated expenses.

 

finally we refer you to the court document now served uon you which details your right to make representations to the court and if appropriate to pay the debt by installments.

 

if you are in any doubt of the implications of this communication we would recommend that you contact your solicitor or the citizens advice bureau.

 

princiapl due : 354.00

judicial expenses : 183.23

recoverable costs : 49.00

interest : 0

collection costs : 0

total : 585.23

 

 

thoughts?

 

i was going to say i can't believe theyve added those cost when the amount is SB but i really can.

 

think i have got somewhere with trying to see what to do regarding sending stuff back to the court,been advised to sent the papers back to the court with intent to defend and a limiations letter off to yuill and kyle.

 

the problem is though,ive been told since i'll be sending an intent to defend to the court i am expected to attend the hearing which is impossible for me. i get 1.5 hours to myself a day when my youngest is at nursery...by the time i had spent 45mins to 1hour on a bus to the city centre,it would be at least another 30mins walk which i can't do or probably £10 in taxi by that time i'd have no way of getting back to collect her from nursery.

 

i was getting so stressed about this yesterday i was seriously considering just sending it back and offering £1 a month to get it over with but i shall trudge on

[caro]

Could you get one of the other parents to pick her up? You could always return the favour one day.

[flynnsmum123]

don't speak to anyone else at the nursery,its one of those 'perfect parent' places you know they all look down their noses at you for one reason or another.