query about potential legal proceeding letter?

weewillywinkie

Hi all hope you can help with this letter i got today it has really worried me as not sure what to do?

The letter states that if i dont call them within 7 days they will start legal proceeding against me but what does that mean( i am waiting for a charge for payment so that i can apply for my own sequestration)

They say that the will apply for a ccj but as i am in scotland will that apply?

Or a sherriffs court decree????

Then they will get a balliff to issue a warrent of execution or a officer of the court may be instructed to execute an attachment order over goods that i own????(i dont personally have anything in my name)

Then possible a charge being placed on my property or an inhibition may be placed on the property????(i am a jnt mtg holder)

I am really sorry if i seem silly/stupid or if this has already been covered on this forum but i really dont know what to do now!!!

Can they really send some one out to me at home??? I am at home by myself most of the time as my husband works away and now i am terrified?

Thanks in advance for any advice

www x

weewillywinkie

hi sorry for bumping my own thread but have spoken to the cccs and they were as useful as a fart in a spacesuit.

anyone ?

headoutofsand

Hi there. Have you been declared BR? If you have look at the letter it will contain the word "may" many times. This is a play on words and a ploy to scare you. Don't panic. I know nothing of procedures in Scotland but no one can come in your house without your consent.

Someone will be along to give you more advice later,if not bump again;)

rog2

I wouldn't worry too much, www. I notice that, on your previous thread, you are waiting for a 'charge' so that you can apply for sequestration - has there been any progress?
IF, and it is a big IF, this creditor/or dca, decides to go for a sheriff's court decree, this is not going to happen overnight.
Only after a sdc is defaulted can 'bailiffs' be sent to your home - that's a long way off.
Any 'interim' visitor would be acting purely as a 'doorstep collector' and would have about as much authority as your paperboy.
I'm not too keyed up with Scottish Law, but the OFT Debt Collection Guidelines are just as applicable in Scotland as in the rest of the UK. Read the part about 'Home Visits':

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

and good luck.

weewillywinkie

hi,

No there has been no charge for payment as yet that what i am waiting for - i just seem to be getting these letters every other day now demanding money and telling me that they are going to come and visit me at home.

Do they think i am doing this for fun:mad: if i had the money i would gladly pay them every month but as such our circumatances wont allow me to do that as I HAVE NO MONEY:eek:.

I have spoken to the cccs again and they are to be honest not very helpful i was left feeling like a silly little girl when i am in fact a grown woman with 3 children that knows exactly where things have gone wrong in my life.:rolleyes:

www

rog2

I do understand how you must be feeling, www.

Most of us have received this type of letter - very rarely do they result in either legal action or home visits.

Who is the letter from and how much are they claiming that you owe them?

Do you actually need someone to take legal action before you can be sequestered?

weewillywinkie

Hi Rog2

I recevied 1 letter from MBNA yesterday and 1 from BARCLAYCARD today both of the same format...i have to wait for some one to give me a charge for payment before i can apply for my own sequestration. I cant apply for the LILA route as we have a house all be it in neg equity of £106k:eek: and my OH really wants to keep the house hence my OH trusted deed and wanting to pay back really what we can.

Just really worried this consumes my every waking moment, cant sleep because of and not in a very nice place at the mo.

www.