Backdoor Decree - Perch Capital. - old Uncle Buck Loan

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Hi.

I checked my credit file

I had a CCJ from Perch Capital relating to an Uncle Buck Loan from 2018.

iI was served at an address I hadn't lived at for years.

The court I spoke to said the sheriff office would have carried out due diligence checks that I lived there.

Obviously impossible because it's been years.

I'm not sure what to do as it's over a month old and I can't apply to have it set aside.

I live in Scotland 

[dx100uk]

you cant have a CCJ if the loan was taken out whilst resident in scotland,  it would be a decree.

probably a simple procedure claim, and those papers HAVE to be served person to person by sheriff officers unless there are exceptional circumstances......you can't get a backdoor decree, like you can a backdoor CCJ.

so please clarify WHERE you were living when you took this loan out.

or now explain things a bit better now you have the info above.

dx

 

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Hi.

I was quoting what appeared on the credit file. Apologies, as I do know what it's called in Scotland.

I spoke to the court to get some background and they said the sheriff officer took reasonable steps to ascertain that I lived in the property and that posting through the letter box is accepted!

I haven't lived at that address in years so I'm not sure what steps they took.

The court said they would have checked with neighbours or voters roll.

But that was their guess.

The sheriff officers were Scott and co. 

[dx100uk]

now answer my other questions please

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I lived at the address where they said they served the papers at the time of the loan. 

[dx100uk]

so the address papers were served to was the address the loan was taken out at y/n?

when did you move out?

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That's what the court said yes. I moved out the same year. About six months later. 2018

[dx100uk]

ok thank you.

the fact that,

1. the claimant,
2. the court
3. the process servers, scott & co,

all failed to carry out due diligence thus the proper checks and balances on you about a debt from 2018 , some 4yrs ago, is very very disturbing and not under the rules courts and process servers MUST operate under.

i would be looking at a repone.

just a bit of background on the loan please....

you took this out in ??? 2018

did you make any payments or did a runner when you moved?? 

very very stupid thing to do to move without informing ALL your creditors / debt owners upon ANY debt you have that you have moved. (have you others?)

what was you financial status at the time of this loan? were you reliant upon numerous PDL's and had debt/defaults on your file at the time of take out?  irresponsible lending??

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I moved out due to a relationship change etc. Just around the corner from my old address.

I realise it was not a wise move not informing them.

I had contact from them via email.

The loan was from May 2018 and no payments were made. 

Credit file did have debts and defaults.

Perch also have a default on my credit file re this debt.

Original loan 200 default at 413

[dx100uk]

perch would not have defaulted the debt, the original creditor would have done this upon or before the debt sale. after the sale the new debt owners name simply replaces that of the OC on your file.

 

if you had lots of defaults and missing payments then you might also have a claim for irresponsible lending here.

i'd get that moving that could wipe the debt out.

 

 

 

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That's what I was thinking put this default only appeared a couple of months ago.

The guide is showing as a failing download?

Also re the decree who would be my first port of call for complaint.

Thanks for your help 

It's okay.

It's working now 

[dx100uk]

you don't complain you will raise a repone.

although the sheriffs clerk of the court should help you but cant give legal advise

sorry whats not working 

whats the defaulted date , it should be around your 3rd missed payment, regardless to whose name the debt is now owned by.

look at that IRL stuff

UB aren't around but i think i remember perch have done IRL redress here before , it might just be its slimed down to you only owing the initial sum + interest, or no interest at all.

rather busy this way to check but plenty of Perch or Perch Capital stuff here

use our enhanced google searchbox.

have you got a copy of the court claim etc now ?

if you have 

please fill this out as best you can.

 

 

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I'll have a look. No I have nothing.

I just found out over the weekend when it came on credit file and yesterday they were closed.

The person I spoke to today said it was too late as it was filed over a month.

I'm assuming they meant for it to be set aside. 

The pdf guide wasn't working but it is now.

The default date is November 2018

[dx100uk]

cant set aside a decree

it's called repone in scotland

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I don't think they knew what they were talking about at the court then as they said it was too late to 'appeal'