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A decree was granted against me in favour of Cabot for £11k (principle sum) in 2016. I had no details about the debt at the time and, since I defaulted on a number of accounts after being made redundant in 2010, was receiving threatening letters from multiple DCAs for the same lender. I took advice on what to do from a Money Advisor which was that I just had to accept it, and I didn't need to attend court. The Decree was granted in my absence and the Advisor agreed repayment at £5pw.
As someone who had a little legal knowledge, this never sat right with me so when I received another writ from the same solicitors (Nolans) re another Cabot account for £3-4k (sorry I don't have the papers to hand) in March 2017, I attended the Court and stated my case. The Sheriff agreed and ruled in my favour that the information should be provided. I hadn't heard anything further about this from the solicitors or Cabot.
I have now called the solicitor to obtain an amount to satisfy the Decree. They advised that they will only issue a letter of satisfaction on receipt of the principle sum, expenses (which is accounted for in the Decree) and the amount outstanding on the second case as the Court linked both cases together. I don't think this is something a Sheriff would do but, nonetheless, I had just received a copy of the Decree from the Court before contacting the solicitors and this is not what is recorded on the Decree.
I intend putting my request in writing to the solicitor separating the two matters, the firstly clearly providing details of the Decree with principle sum and requesting for a figure to satisfy this, together with confirmation they will issue a letter of satisfaction on receipt (I don't trust them to issue this!).
As for the second, I am unsure what to do and would be grateful for advice - they have ignored the ruling of the Court and are underhandedly attempting to take money. I would never have found out about this if I hadn't called and would have continued to pay the instalments. I'm also concerned that they'll take my weekly instalment payments as an acknowledgement of the debt. These payments were in respect of the first account and started Dec 2016 which was before the second action was raised.
After 11 years, I thought the impact of redundancy was coming to an end and I could finally get my life back on track. Now I have more worry and I'm aggrieved at the actions of the 'solicitor'.
Grateful for any advice. Also happy to provide any further points for clarification.
Thanks, Mac
As someone who had a little legal knowledge, this never sat right with me so when I received another writ from the same solicitors (Nolans) re another Cabot account for £3-4k (sorry I don't have the papers to hand) in March 2017, I attended the Court and stated my case. The Sheriff agreed and ruled in my favour that the information should be provided. I hadn't heard anything further about this from the solicitors or Cabot.
I have now called the solicitor to obtain an amount to satisfy the Decree. They advised that they will only issue a letter of satisfaction on receipt of the principle sum, expenses (which is accounted for in the Decree) and the amount outstanding on the second case as the Court linked both cases together. I don't think this is something a Sheriff would do but, nonetheless, I had just received a copy of the Decree from the Court before contacting the solicitors and this is not what is recorded on the Decree.
I intend putting my request in writing to the solicitor separating the two matters, the firstly clearly providing details of the Decree with principle sum and requesting for a figure to satisfy this, together with confirmation they will issue a letter of satisfaction on receipt (I don't trust them to issue this!).
As for the second, I am unsure what to do and would be grateful for advice - they have ignored the ruling of the Court and are underhandedly attempting to take money. I would never have found out about this if I hadn't called and would have continued to pay the instalments. I'm also concerned that they'll take my weekly instalment payments as an acknowledgement of the debt. These payments were in respect of the first account and started Dec 2016 which was before the second action was raised.
After 11 years, I thought the impact of redundancy was coming to an end and I could finally get my life back on track. Now I have more worry and I'm aggrieved at the actions of the 'solicitor'.
Grateful for any advice. Also happy to provide any further points for clarification.
Thanks, Mac
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