Optima Legal Demand

[leedeecee]

When it rains it pours

 

So in addition to my partners council tax problems she has now received a demand from Optima legal that was passed to them by Cabot for a bank debt. She was basically silly with her finances before she met me. I'm trying my best to help her but I'm not 100% on her rights, so would again appreciate any advice.

 

Her letter reads.....

 

Further to the recent correspondence you have received from Cabot Financial (uk) we confirm we have now been instructed by Cabot Financial (uk) in connection with the above debt which remains outstanding.

 

Our client requires payment by 15/05/2015, failing which we may be instructed to commence legal proceedings against you in the sheriff court.

 

If we do not hear from you by 15/05/2015 and our client has to commence proceedings you would be entitled to submit a defence to those proceedings which the court would consider along with any representations you make.

 

If the Court granted decree (judgment), you may also be ordered to pay the expense arising from some or all of the legal action. A decree (judgment) would be recorded on your credit record for 6 years and may affect your ability to obtain credit in the future.

 

If a decree (judgment) is granted and you fail to make payment in accordance with it, our client wold be entitled to enforce payment of the debt. There are various enforcement options which include, but are not restricted to:

Letters of inhibition

Earnings arrestment

Bank Arrestment

 

Please do not delay in attending to this matter as it requires your immediate action.

 

Usually I would just tell her to call and set up a payment plan but she genuinely has nothing she can pay, we have to borrow money from family just to get through the week.

 

So I'm wondering what can they actually do and should she be worried? Is there anything she should do?

Once again any advice would be greatly appreciated.

[citizenB]

What type of debt is this - credit card, loan ?

What is the value of the debt?

When did your partner enter into the agreement?

Have you requested a copy of the agreement?

When

 

Which bank/creditor

 

When was the last time any payment was made toward the debt ?

 

Do you know if there are any penalty/default charges added to the account ?

Do you know if there was any mis sold PPI added to the account.

 

I will alert those on the site team who have knowledge of the Scottish system

[dx100uk]

Never ever ring a DCA!!!

They areNOT bailifffs

And have

No such legal powers

 

DX

[maroondevo52]

Yes, more details of the debt are needed.

Including when the last payment was made.

 

Also notice they say 'may' be instructed.

Could be a long way off.