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Initial Enquiries For Advice - Next Steps After Decree

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I had a court decree for a credit card (approx £6000)

I used for expenses in a business that went bust

It did not get paid back in approx 2006,

 

Just checked my credit files with all agencies and nothing showing up, must be more than 6 years ago.

 

I get letters from a solicitor every few months asking for a payment or they will enforce the decree.

I have never responded to any of them as I have no income, no assets and no means to pay,

 

Over the last 6 years they have sent debt collectors/tracers to my home 4 times and all have been told the same thing re my circumstances and if they wish to bankrupt me then go ahead and do it.

 

The question that I have is how long does a Scottish decree remain live and enforceable.

If they could enforce it what can they do and what am I actually obliged to tell them.

 

Many Thanks

 

 

David From Hawick

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so when was the decree taken out..

 

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Thanks for looking at my query, as far as I can tell the decree was made in october/nov 2006.

 

Thanks

 

David From Hawick

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I think a decree is the same as a ccj

if not enforced over 6yrs

its dead

and they have to go back to court to enforce it

which is as rare as hens teeth.

 

dx

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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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was the card registered as personal or business?


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was the card registered as personal or business?

 

Hi, it was a personal card in my name.

 

Thanks

 

Dave From Hawick

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That's fine

 

As DX said they would need to reapply to the court to complete any enforcement action.


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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Have I got this wrong, I thought a decree was enforceable for 20 years? ( see - bdl.org.uk/images/prescriptions.pdf)


Beaten:

RBS: £4,500

AMEX: £4,200

Barclaycard Visa: £12,100

Barclaycard M/Card: £12,600

(Including the numerous DCAs they have set on me.)

PPI reclaims (into my bank account): £25,000

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Hi,

 

The time has come to deal with matters,

have had a court decree in august for £11.5k for a credit card debt so things have progressed,

Have now been served with an inhibition and a charge for payment of money by sheriff officers.

What would be my next best steps.

 

Thanks for any help.

 

Current situation is i am employed,

a sole home owner,

live with husband who has no Income /mental health issues,

 

He has no credit problems.

2 children,

1 aged 15 at school and

1 aged 18 who's just started university but living at home as we obviously cant fund them.

 

Due to a change of job position and a reduction in tax credits etc my income is 7K less per annum in real terms than 5 years ago.

 

Total Monthly Income is £1745.29

 

Employment : £1560.23 Per Month

Child Benefit : £82.80 Every 4 weeks

Child Tax Credit : £102.26, Every 4 weeks

Notes : Child benefit and Child tax Credits Are joint claims, They are paid to husbands account.

 

Assets :

 

House – Interest Only Mortgage of £92k Approx in my name only, Value of 100k Approx before selling and legal costs.

Car 1 - In My Name, we buy any car valuation £450, nothing outstanding.

Car 2 – Husbands car In Husbands name only, we buy any car value £4800, Loan outstanding £4860

 

Joint Current Monthly Outgoings : £1799

 

£190 Mortgage

£30 Santander Overdraft Fee Monthly

£21 Term Assurance On Husbands Life

£9 Term Assurance On My Life

£90 Electric Only (No Gas)

£31 Phone & Internet (No TV)

£70 My Petrol

£30 Husbands Petrol

£21 My Road Tax

£125 Car Loan In Husbands Name Only

£20 My Vehicle Maintenance

£20 Husbands Car Maintenance

£22 Husbands Car Insurance

£21 My Car Insurance

£63 4 x Mobile Phone Contracts, In Husbands Name Only

£21 Buildings & Contents Insurance

£113 Council Tax (No Arrears)

£20 Property Maintenance

£550 Food, Cleaning & Toiletries

£30 Pocket Money For Child At School

£60 School Diners For child at school

£12 School Uniforms for child at school

£40 Clothing

£40 Haircuts

£12 TV Licence

£20 Dentist & Opticians

£50 Fitness Etc

£10 Misc

£25 Gifts Etc

£25 Holidays/ Trips Etc

£100 Husbands Credit Card

 

My Creditors : Mortgage £92000 - Other : £43,300

 

Birmingham Midshires : Interest Only Mortgage £92000, No Arrears Ever.

Barclaycard : Credit Card - £11,500 - - Have not Paid in 2 Years, Has taken a Decree in the last month (Min Payment was £210pm)

Halifax : Overdraft -£1,600.00 - Have not paid since last Year

Very: Catalogue - £2200 - Have not paid since late last Year

BOS Card : Credit Card - £9,500 - Have not paid since late last Year (Min Payment was £120pm)

MBNA Card : Credit Card - £11,000.00 - Have not paid since last Year (Min Payment was £210pm)

Post Office : Credit Card - £6,500 - - Have not paid since late last Year (Min Payment was £120pm)

Santander : Overdraft - £1000 – Using to the limit every month, Paying £30 Overdraft fee a month as main account

 

Husbands Creditors / Commitments :

 

Car Loan : £125pm, Balance £4860, We buy any car value - £4800, No Arrears, 39 months left

Credit Card 1 : £100pm, £1400 Balance from holiday last year, No Arrears

Credit Card 2 : £0pm, No Balance

Mobile Phone Contracts : £63 per month ( 4 Contracts), No Arrears

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why didn't you contest the ordinary cause?


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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