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  1. Hi Guys, I have a Summary Cause Summons (Scotland) from these guys regarding a car they repossessed and sold at auction a few months back. "The pursuer claims from the defender(s) the sum of £4,087.85 with intereston that sum at the rate of 29.20% annually from the date of service. together with the expenses of bringing the action" The statement of claim says the following:- "The defender has been called upon to make payment of the sum sued for but has refused or delayed to do so and accordingly this action has been rendered necessary" Now i have not heard a peep from these guys since i dropped off my car to them as agreed? The return date for these forms is Friday unfortunately so i need to act fast! I have no idea what steps to take, i do want to call Moneybarn and offer to pay £80 a month which is all i can afford but these guys are not nice and im afraid in case they dont accept it and it just goes to court and i end up with an earnings arrestment or something? Can anyone lend a hand? Thanks, Ronnie
  2. Hi, My 1st post to this site, feel encouraged that I have found the right medium after reading of the similar situation of other subscribers & the assistance that other members are prepared to offer, truly humbling... I have a had CC judgement against me. This was via a District Judge at an application hearing & the judge gave a summary judgement. I had originally gone to court as, after a protracted SAR request for a credit card taken out in 2005), I rec'd an application form (signed by me) but with an incorrect address (the address used was my parent's address that I had not lived at for approx.15 yrs. MBNA argued that the address was not a prescribed term (schedule 6) under the credit consumer regs 1983 & that the application form when signed by an authorised officer of the company at the time became the executed agreement, although they did not send me a copy within the 7 days required as the original address was wrong. The judge agreed. I was unable to present any evidence of the credit file that was rec'd 30 days after the original hearing date, as MBNA's barrister had arrived late for the hearing. I had argued that the file was incomplete, offered 3 other trial judge's summaries as to why the "agreement" was invalid & that it was not an agreement but was an application form. I have to this date rec'd an incomplete credit file but I can prove from it that I had had a previous credit agreement from MBNA & that they had written to me at my correct address approx. 12 mths before the application form that was signed in 2005. The credit file sent through to me contradicts what was in the sworn testimony of one of MBNA's claim managers. To cap it off, I have today found my copy of the original agreement with what would have been the correct address (& which is different to the copy supplied to the court). MBNA have stated under sworn oath that the what they presented was the original(not reconstituted) copy of the agreement that they had in the files. I am deeply worried as the judgment is for approx. £16,100 & I do not have those kind funds available. MBNA have made it clear that they will go for a charging order etc. I got a young family & I am worried that we will be made homeless.
  3. The local council were informed that we were moving out of the property and a forwarding address was given. We moved out on the 9/4/12. On the 10/5/12 I contacted the council because I had not received a bill for the final payment. They said they were dealing with it and have our forwarding address. I have just received a council tax statement from Aberdeen City Council and I am annoyed to say the least. They have asked us to pay £65 which is the right amount, but they have also added 198.48 as a statutory penalty because of late payment. The problem with this is that we have never received a letter from the council telling us how much we owe them from the last address. All we have had is the letter with the statutory penalty. I know councils are all powerful when it comes to getting the money you supposedly owe them, but it is their incompetence that’s has caused this. What can I do?
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