Thanks IDA can I take this to any court?

Thanks IDA will get onto it first thing tomorrow. I assume the messenger at arms. James Reid & Son, on the documents in Aberdeen is where I send the paperwork. It is not very clear.Link Asset have instructed \\mellicks in Glasgow who I assume are solicitors to act for them so should I send SAR to them? sorry to be a pain but do not want to put a foot wrong.

Just another thought, can I dispute charges once I have admitted and made an offer? Also should I mention that I have sent a sar?

thanks for this I will send sar tomorrow and do an income expense list in the morning as I am not at work tomorrow and make a small offer of payment .The sheriff Officer is based in Aberdeen which is miles away from me. couls I fax and send original recorded next day?

HI need to know next step if someone can help! Many thanks

Hello Ida, sorry for not getting back but was struck down with very bad flu and been in bed most of last 10 days. I am concious we neeed to deal with this matter asap. I have got a copy of the credit agreement, sent by Link financial, regulated by CCA 1974 dated September 03. My signature is on it but the signature of my husband is definately not his. The total credit was 14,562.45 apr 12.7 and within that amount they also sold us protected payment premium of £1,062.45 and do not know what that was for. Not sure if there any grounds to dispute. Link have also sent me a statement showing they are charging interest at 15.2% plus there are numerous charges including failed direct debit charges which they claim my bank charged them? seems a bit strange. Have not got all the written details of complaint but have the guy's name who dealt with the issues at Zenith windows who installed the conservatory.

Hope someone can help. We used to live in England at previous house where we bought a conservatory. Bought it via a credit agreement and paid 50% balance o/s was around £15k. Did not pay due to lots of leaks and we sold house anyhow and moved to Scotland in 2006. Asset Link Capital were sold the debt, and managed to get a CCJ via the courts without our knowledge in Cardiff. We did try to get it struck out as we were domiciled in Scotland by then but Judge would have none of it and said we should have notified them of our move and would not strike off! That was the last we heared until Sheriff turned up today giving us 14 days. They left with us a schedule of Inhibition plus a charge for payment of Money. Absolutely frantic!! do not know what to do as we do not have that kind of money. Husband is un-employed and I only work part-time. Any help would be appreciated on what to do now.

Hi, many thanks again Joe & Rory for this valuable information. The CCJ is in joint names of both me and my husband as the debt is in joint names. I am on JSA he is currently on a temporary contract, on a smallish income,and we own our own house with a mortgage. I doubt we would qualify for legal aid. As mentioned previously we did apply to get set aside once before but it was refused and the domicile issue was not really taken into account as the judge considered the fact we had not informed anyone of chsnge of address which was the key point. It all went quiet for a long time after that and it has now just popped up with the order from the court. Do we need a scottish Solicitor to make the callenge on our behalf? Just concerned about costs. Also would we be aware in advance if they decided to register at the Books of Council & session. What other circumstances could there be to defeat enforcement as mentioned? Many thanks. Great to have someone battig on your side with great advice.

I need some help with this situation. Got into a financial mess 3 years ago and still sorting things out. Being chased for large debt by First credit. They obtained judgement in the English courts (cardiff) in 2008. I originally applied for set aside in 2008 due my living in scotland domicile etc. as we moved here in 2006. They then took further action in 2008 and tried to get a charging order over my last address. This failed as we had sold the house by the time action was taken, however judge refused to set aside as I was partially disputing debt but mainly that I had not notified them of my change of address. I did not notify the DCA as I did not know they had taken it over at the time. Received new order from county court today (26th October) dated 22nd October stating that we should pay balance by 22nd october ( a bit strange with dates I thought as this give no time to pay etc. and date already passed is there a technical issue here?) They have what I think is an enforceable agreement for credit relating to a house improvement . Not sure what to do now as on jobseekers due to redundancy. Can I re-apply to get set aside as I am note sure judge understood domicile issue previously. Would appreciate some help on this and not sure what enforcement action they can take so very worried.

Hi This is a strage one. Had a company that went into liquidation oct 08. had a vehicle on 3 year lease due to expire June 09. Contract hire company refused to deal with us after October 08 and referred us to finance house in Dublin who own the vehicle. We wanted to rent or ideally buy the car from them. The finance company have realy had no interest in this. They freely let us keep the car despite our numerous attempts to offer to buy, they never replied to correspondence and showed complete apathy. Consequently we have had use free of charge for 7 months! with no agreement or contract in place. The tax has now run out and the car needs an MOT . Whilst in our care we paid for repairs and kept the vehicle in a good state. We still want to buy it but they reefused our offer and mentioned thay may want to collect the car. They have made no arrangements to do so and i doubt we will hear much more from them as they are not showing any signs. we have also claimed the repairs from them which they have not paid so we want to keep the car as payment. We will certainly not release the car unless they do. Is that possible? and in the meantime is there anyway we can tax the car as current keeper. I can see this car still being on our property un-collected for months. they are simply not interested. Any help appreciated

anyone got any ideas?

Please can someone help with this situation. We had a Ltd. company unfortunately went into liquidation October 2008. We had a vehicle on lease finance and the 3 year lease was due to expire June 2009. The leasing company did not arrange to collect the car in October and refused to deal with us directly refering us back to the finance house in ireland who owns the vehicle. The finance company never contacted us despite our repeat requests as we wanted to purchase the vehicle privately or lease it direct. We had 1 email quoting some figures to rent it which we rejected and no agreement was made. We kept vehicle with their permission and repeatedly requested them to sell it to us. In the meantime we have kept it on the road and looked after it. The finance company have never written to us and have acted with complete apathy and dis-interest. They recently finaly mentioned a purchase price which we rejected and we made a counter offer they also rejected. They are making no effort to collect vehicle. Tax and MOT now due end of June. During this period we have serviced and paid for repairs approx £1,100 looking on auction sites the vehicle is probably worth around £9k. We would like to keep the vehicle and have offered £5k. Is there any way we can claim ownership? They have no idea where we live and in the time since October we have had only 4 emails from them as they have not replied to our many requests. The car is on our property at the moment. I was going to charge them storage and claim back for repairs etc which would leave the balance the same as our offer! We would like to keep the vehicle any advice would be grateful.

x20 Yes you are correct. Apparently DG solicitors only sent the Tomlin doc to the court 24 hours before the payment due date so they chucked it out and wrote to DG to tell them! Their solicitor agent appologised to us and said they had never had a case like it before. We have been advised that we may have grounds for complaint big time! Having a think about that one. Off to the local for a bit of fizz or something! Sincere thanks again for your support.

Hello everyone back from the hearing We won!!!!! Cannot believe our good luck. Agent solicitor acting for HSBC had not a clue what was going on. Had no details of what was outstanding, had no record of any payments that we had made or details of any correspondence we have sent!!! To top it all off the judge confirmed that the Tomlin order no longer and never existed as they did not file it at court until after the due date!!!!! The court had already notified DG of this fact in February!!! The judge told them to get their act together and suggest we should negotiate which will be highlighted in the order to suspend warrant/possession. What a shambles!!!! They have brought action when they should not legally have, have not entered into communication had no correct documentation, harrassment threatening to take our home when there was no legal way they could etc etc. Going to let the dust settle and see what our next move in light of this should be. I am feeling very angry at the moment in the manner in which we have been treated and all the stress this has involved over 7 months so far! With that off my chest a very big thanks and kisses to all support from this site. I feel a glass of wine coming on tonight!

Many thanks for good wishes, hearing is 2pm I am putting paperwork together as we speak! Any tips on how to behave in front of judge grateful!

x20 You are a star!!!! Fingers crossed for tomorrow!! xx

Well I am confused!!!! Thanks x20 for such a full response I am indeed very grateful for your time. I think I have the jist Tomorrow is our application to have the eviction order suspended. Eviction date is 25th September and we are desperate to keep our home. The mortgage details are still registered with land registry. is there a simplistic summary that I can present to the judge tomorrow on your arguments or any other. Many thanks

The business loan debts the two accounts showing £14K AND £9K were settled by a payment of £108k the top two mortage accounts are the ones still outstanding ans subject to repo order. the £18k and £11k we still need to deal with. Hope this helps

deleted. Please note that part of the additional debt outside the mortgages has been settled recently by negotiation.Note in the tomlin order items O,R & S where we tried to make payments but they would not accept. Thought it maybe worth pointing out.

hurahh think I was successful!

what is the consent order? sorry to sound a bit thick! is this the order re Tomlin as I have not seen anything I understood it just got filed at court.

It keeps coming up as error when I try to upload. It is a word document that is saved on my pc. I am also at work currently drifting in and out !!! having a heavy day at the moment!!!

I have scanned docs and trying to upload. Never done this before!!!

X20 The other facts are that the remainder of the Tomlin order Debt has been partially settled by agreement so why can we not make an agreement on this? Also we wrote to them in December to advise we could not meet the terms then and have been trying to get an agreement but they have not once replied to any of our letters all sent special delivery with payments all of which have been cashed.

x 20 can I fax to you I have Tomlin order here?