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bluegolfboy

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  1. I don't have a physical copy of the decree... I only viewed the details on my credit file. Can I attend the court that issued the decree and obtain a copy of it?
  2. Does the length of time that's passed already have any bearing on bargaining? Would you think they'd be willing to give clear title for settling the amount as ordered or do you think they'll be wanting the interest as well? Just your personal thought/sharing of experience. Not wanting to open up a can of worms for myself unnecessarily and would appreciate others views.
  3. This is going to sound odd... I had a court decree granted against me: 22/01/2010 for almost £3000. It was in relation to a motorcycle that I purchased on Hire Purchase in March 2007 on a 4 year payment arrangement. I believe the last payment I made to the finance company was around August 2008 (I was made paid off - Contractor). I would have paid just over £2000 on a £3000 bike which had interest on top meaning I was due to pay around £5000 odds... Obviously the court claim in 2010 was for the remaining balance of the credit arrangement including interest! So, would there be 8% interest per annum chargeable on this amount considering that the claim included interest to complete the agreement rather than the remaining actual outstanding balance? Now for the odd bit... I still have the bike! When I was paid off I thought I'd quickly get another job so I took advantage of the time off and stripped the bike bare and sent the frame and other parts off to be powder coated. My money dried up pretty quick and I didn't have enough to put the bike back together plus I'd sold the fairings on ebay to raise cash to get the frame back from the painters... I've slowly built it up over the years and am now almost finished. It has not been on the road or out of my garage since 2008. The thing is, I don't own it! I now have the money to pay the finance company. Well, I have £3000. What is my position? The decree is for just over £2800. Would I simply phone them up and agree to pay that then make the payment or are they going to be looking for the 8% per annum interest on top meaning it'd be over £4000 which would be nonsensical on a bike that might be worth £2000. Also, it's over 5 years now. Do I wait and see if they act before the 6 years is up and THEN attempt to pay assuming that they would be in a weaker position with the time limit expiring (does it?). I want to own the bike. I have £3000. I am severely confused as to what to do and seeking a little help. The bike, as it sits, is worth £3000 to me (the exhaust alone retailed at £1200 back in the day - Titanium race thingy) and I want to get out and about on it once again and have some enjoyment after the horrendous few years I have had. £3000 can easily buy me a cracking second hand bike that'll be mine straight up and I can worry about the other one after the six years are up, IF the 6 years matter (ie: would put me in a stronger position for bargaining). I'm not willing to pay £4000 as I don't have it and if keeping quiet and not making any contact with them (and hoping for the same in return) until January 2016 means I can crack a deal and pay the £3k for clear title then that is what I'd prefer to do. I CAN pay the £3000.
  4. Hi, The decree was undefended. The decree states that I have to repay £28000 within 14 days of receipt of the paperwork from the Sheriff Officers, which was 4th of Feb 2009. I was served with an initial writ but I do not know where it is now... I have been in contact with NR since. The legal action was started over the defaulting on my account. The legal action was continued as 'apparently' I still had £81.90 outstanding under the defaulted sums. My mortgage and loan payments amounted to £755 per month. As of January this dropped to £713. January's payment was only £416 as apparently I had over paid in December!!! I have put a subject access request into NR. Awaiting returned info. How do I challenge the decree? Is there a form or a letter I need to write? Who do I see in the court??? I have been in a couple of times but none of them are very helpful and instead insist that I get a lawyer to deal with this. I want to deal with it on my own... With you guys help of course!!!!!! LoL...
  5. I have had pretty much the same problems with Kwik Fit. They re-instate direct debits willy nilly, remove money from bank accounts and then hide behind walls... Best thing to do is not use them again!!! I sure won't be...
  6. 'StinkyFeet' I concur... Champix is VERY dangerous to some people! I was on it for approx 7 days a few months ago. I ain't ever had experiences like that before!!! I was angry, disorientated, QUICK tempered, unable to sleep, unable to relax, sick, depressed, suicidal, hyper-active... Virtually EVERY psychological issue known to man was inflicted on me during those fateful few days. I am still suffering with 'grinding' my teeth in my sleep to such an extent that my 'better' half has to physically roll me over or punch me to stop it! I now have the 'inhillators' which I am going to try...
  7. Hi guys/girls, Pretty new on here so hope I am placing this in the right place!!! My fiancee and I have a mortgage with Northern Rock (NR). When taking out the mortgage the financial advisor put the mortgage at 95%, gave us the other 5% and a little extra as an unsecured loan all from NR. Now. It was a hard 2008 and payments were a little sporadic. We were on top of things until around Sept/Oct but then fell by the way side (paid off from work!). We fell to just over 3 months in arrears. NR had a lawyers company, Aberdein Considine, start legal action against us in order to recover the unsecured part of the accounts. We actually received a summons through from Glasgow Sheriff Court for attendance to a hearing on the 23rd of December 2008. I spoke to my parents and managed to persuade them to bring the mortgage up to date. We were in constant contact with NR throughout and were informed that if the mortgage was brought up to date then the court action would be haulted. The account was duly brought up to date and both NR and their lawyers informed us that the court action would be stopped. Problem is that it wasn't! We never attended court as we were of the opinion that it had been stopped! We were too trusting... The court granted a 'Decree' in our absence. We both wish to challenge the Decree and get the case re-heard. HOW do we do this??? The decree is for £28000... What grounds could we have for getting the decree dismissed? As an additional piece of information. My parents paid almost £5000 to bring the accounts up to date YET apparently they were short by £81.90 which was the reason for the decree going through the courts!!! Our monthly payment was £755 (mortgage+loan) yet in January we only had to pay £415 for the month as we had actually OVER paid prior to the court action taking place... Your help and assistance would be greatly appreciated.
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