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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Charge of payment & now Citation undelivered?


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Hello, Looking for a bit of advise.

My Business stop trading earlier in the year after 6 year of blood, sweat & tears.

The main reason for this was the landlord revoking the lease, there is an outstanding debt to them for about 30k, we offered payment plans to make up the short fall which were refused.

We also make an offer of part payment before we vacated the unit, thought our lawyers, which went without reply, Iv been in full contact with the landlord trying to resolve this, but with no joy the Landlord is one of the UK largest shopping centre owners. There is a PG in place with this landlord, it was signed under pressure and landlords lawyers represented both sides.

 

An issue I have is my last registered address is with my parents.

where iv not stayed with for a number of year, my parents are sick and tired of debt letter and sheriff officers turning up at the door looking for me. So now any letter that arrive with either my name or old LTD company name are getting returned to sender with a text update to me of “yet another debt letter returned Bla Bla Bla… Not happy and not great for me ether.

 

Iv been issued with a charge of payment which I signed back in the early part of the year while the unit was still trading. I got a phone call from a sheriff officer the other day saying they were trying to reissue another charge of payment but were unable to deliver it that the 1st contact iv had in 5months.

 

So getting to the point iv been issued with a Citation, hand posted thought the letterbox, I know no details of it as its been retuned to sender bit am sure I know who’s it from,

What happens now? very worried.

 

Am not a home owner and own nothing, iv hand no income since the shop closed a few months ago and I live in Scotland.

 

Thanks for your advice,

Edited by G.stockes
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There is an expert on the admin team with specialist knowledge of the regulations in Scotland (which as you will know are very much different from those in the UK). I have sent a message to her so hopefully she will assist you very soon.

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As you live in Scotland then the procedures are different to what we follow here in England. I will move your thread to the Debt in Scotland Forum and alert someone to have a look for you - but if they are at work then this may not be until later today.

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If you could read and complete the following GS posting your reply here.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?428590-You-have-received-a-Claim-**ISSUED-IN-SCOTLAND**-What-you-need-to-do.

 

Regards

 

Andy

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Hi,

 

The citation will have been hand delivered by Sheriff Officers.

 

In Scotland for most diligences, the creditor must arrange for the service upon the debtor of a Charge for Payment before the debt can be recovered. The Charge for Payment is a formal demand for payment of the amount owed to the creditor. It includes any interest and associated costs, and generally gives the debtor 14 days to make payment. If the debtor does not satisfy the debt withtin the period specified, the creditor may then use diligence to recover what is owed.

 

You need to know what is on the citation, I'd say from the amount you mention in your first post this will be an Ordinary Cause action for debts over £5,000.

 

I'd advise you take Legal Advice on the matter.

 

Ignoring the court documents is not recommended.

 

There's a 'link' here that explains how Ordinary Cause actions work.......

 

http://www.scotcourts.gov.uk/taking-action/ordinary-cause

 

Regards,

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Outstanding rent for a business unit, with a PG in place.

 

No.

 

after 2007

 

Original creditor

 

Yes

 

Yes

 

No

 

Downturn in sales after landlord opened outer food outlets.

 

Was there a dispute with the original creditor that remains unresolved? yes & no

 

Yes, asked for reduced rent, any debt management was rejected, due to the landlord feeling the business could pay its way,

when a payment plan was accepted it came with the clause that allowed the landlord to terminated the lease at any point with one months notice.

They had already found a new tenet for the unit by this point.

 

Thanks for your advice.

Edited by G.stockes
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can you realistically pay for the debt?

 

I mean if it goes through court 8% per annum gets added to the total so to look at paying it you need to afford to pay it?

 

you say you have no income so i am assuming that you cannot offer much?

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I can cope and pay for my personal debt as my outgoing have been massive cut back over the years.

Ill struggle to pay the outstanding rent payments, without the trading shop.

Its a catch 22, the landlord took away the means to pay the outstanding debt.

 

Thinking about it, I guess it depends how long I get to pay it off.

Not sure how long the court would allow me to pay it up?

My dealing with the landlord in the past has always been FULL Payment today.

So I would think they would reject any payment plan if its not paid in full.

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in the end its the court that decides whats reasonable and you can get years to pay it off but on the realistic side because of the interest can you afford to pay over £2400 in the first year ? so to pay the loan and something to the interest so the balance comes down each year you would need to be able to afford to offer more than 250 per month and then that would take you over 20 years to pay it off - anything less and the interest is gonna make you pay forever

 

i hope you can see what i mean -

 

 

or have you though about going down DAS or trust deed or because of the amount you may want to consider bankruptcy unless you somehow have a substantial offer amount

 

 

you can find more info here under debt options:

 

https://www.nationaldebtline.org/S/information/fact%20sheet%20library/Pages/default.aspx

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.

 

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I did look into the trust deed, but the advise I was given due the landlord being the biggest creditor they would reject this.

To be honest, not really that keen of paying a few hundred a month for a trusted for the next 7 years, don't really see the advantage, if my credit file is shot to bits anyway, think id be better bankrupt. (but I really don't want to do bankrupt)

 

So what happens now? I know a Citation has been delivered but its been retuned to Edinburgh without me seeing it?

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So what happens now? I know a Citation has been delivered but its been retuned to Edinburgh without me seeing it?

 

Hi,

 

The court will presume you owe the money and issue a decree which will order you to repay the debt, plus interest and expenses.

 

 

Here are the options when receiving a Citation..........

 

The summons or initial writ will ask you to make the court aware what you intend to do by a specified date. Do not ignore this date. You can:

 

Pay the money you owe.

Tell the court that you will repay but require more time to pay – if the time to pay request is granted, the court will issue a decree detailing how much you have to pay and how often.

Tell the court you owe the money but do not ask for time to repay. The court will normally issue a decree which will order you to repay the debt as well as interest and other costs.

Dispute the amount owed – a hearing date will be set to allow the court to listen to you and your creditor(s).

Do nothing – the court will presume you owe the money and issue a decree which will order you to repay the debt, plus interest and expenses.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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