Notice of Legal Proceedings Letter

ronnie_2

I have recieved a letter from a company called Creditlink (cars) headed up Notice of Legal Proceedings Letter as I had missed a minium monthly repayment to the credit card company called Monument in April. (£56)

Over the last 6 months this has happened twice but I have always settled the following month.

So I repaid the Aprils payment on the 30th April along with Mays payment bringing my monthly payments up to date.

However Creditlink are still hassling me with this letter dated 4th May, tried speaking to someone in there offices and she told me clearly that I was to repay the full outstanding balance on the account which is £2255 and if I dont repay this they will register a ccj then send sherrif officers to my home to recover assests!!

Any assistance in how to deal with these guys is greatly welcomed

I live in Scotland so think the laws are different?

DarkConvict

They can apply for a CCJ (or decree in Scotland) I assume your in Scotland as you have sheriffs not bailiffs. http://www.nationaldebtline.co.uk/scotland/factsheet.php?page=04_enforcing_a_debt_against_you_by_diligence

Basically the sheriffs will not just turn up, if they do goto court you can go and defend the case and state how much you can afford, generally a court awards for this amount (potentially less than you pay already) and so long as a payment is never missed no one will come near your home.

ronnie_2

DarkConvict wrote: »

They can apply for a CCJ (or decree in Scotland) I assume your in Scotland as you have sheriffs not bailiffs. http://www.nationaldebtline.co.uk/scotland/factsheet.php?page=04_enforcing_a_debt_against_you_by_diligence

Basically the sheriffs will not just turn up, if they do goto court you can go and defend the case and state how much you can afford, generally a court awards for this amount (potentially less than you pay already) and so long as a payment is never missed no one will come near your home.

Thats a relief

pure_dead_dopey

Hi Ronnie

I'm no expert but they are just trying to scare you. if you have only missed one or two payments, they are a long way from sending bailiffs and I may be wrong but I don't think you even call it a CCJ in Scotland, so she was in the wrong legal system as well. They would also have to issue a default first, is this debt with the orignial creditor? or are you on a payment plan with this company? Do you have a default for this or are you just paying off the Monument balance??? Is the account now up-todate? the other thing you might want to think about is a CCA request as if its a monument card it maybe pre-2007.

ronnie_2

pure_dead_dopey wrote: »

Hi Ronnie

I'm no expert but they are just trying to scare you. if you have only missed one or two payments, they are a long way from sending bailiffs and I may be wrong but I don't think you even call it a CCJ in Scotland, so she was in the wrong legal system as well. They would also have to issue a default first, is this debt with the orignial creditor? or are you on a payment plan with this company? Do you have a default for this or are you just paying off the Monument balance??? Is the account now up-todate? the other thing you might want to think about is a CCA request as if its a monument card it maybe pre-2007.

The card company is Monument who are using this Credit company.

No defaults and Ive been paying the minium balance payment plus extra when I could, so as at today its totally up to date and I forsee no problems next month.

Ive had the account for some time, not sure what you mean by a CCA request but if it helps am more than happy to give it a go

DVardysShadow

If it is totally up to date and you keep it that way and if you were late by less than 30 days on both occasions, if it did go before a judge, I think they would not get their costs. Unless there are some very strict terms in your agreement, the claim would be laughed out.

DarkConvict

CCA is checking if the agreement can have a CCJ/Decree made against it. Must be pre-april 2007 agreement to - http://forums.moneysavingexpert.com/showthread.html?t=2305463