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Scottish Trust Deed Forum
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Topic starter
16/11/2013 8:15 pm
Help asap please. I rec a court decree from Sheriffs officers from a payday loan company who've doubled my amount owing, which I've disputed. The company said that a court writ was sent out to me, something I never received. I live on my own and they say it was signed by someone whom I've never even heard of or any of my neighbours - so I was never able to respond to a writ I knew nothing about. The payday loan company were absolutely horrid to deal with and say its my word against theirs that I didn't rec it. I asked them for proof of posting, proof and breakdown of amount owing and the original CCA, they said they would contact me next day and didn't. I offered to make payments and they've refused to accept any money, saying there are no other options open to me, a charge for payment has been made and if not paid in full by 20th Nov then my wages are being arrested. My company disciplines for this and I am so so scared I am going to lose my job. I have sent special delivery letters to both the sheriff officers and the payday loan company, they will get them on Monday and I am in the process of setting up a Trust deed - can anyone pleas help as I am so scared that I am going to be sacked and lose my home. I live on my own and cannot pay off the full amount .
16/11/2013 8:37 pm
If you did not sign for it , you never got it As the writ would be in your name only . A sheriff would need more proof than hear say to issue a formal writ , I am no expert so hopefully a expert will put your mind at ease , regarding losing your job/ house that is not happening now , until facts have been established , my Trustee has been threating to take me to court for 4 years , to which I replied if you have proof , then lets go to court .
Still waiting , to hear from them , threats are one thing , facts another .
There are always two sides to a story , my understanding is bullies never like been stood up to , as Argent sang , hold your head up high .
16/11/2013 8:39 pm
Your trustee is probably best placed to advise. There may be action they can take to delay any wages arrestment.
I'm not sure anyone can discipline you at work for being in debt!?
Paul
Trust deed completed Jan 2012,Trustee discharge Nov 2012.
A new dawn.
16/11/2013 8:55 pm
Hello aggiebagwash and welcome to the forum.
How far down the line are you with setting up a trust deed?
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds 
Topic starter
17/11/2013 12:31 pm
Hi, I'm waiting to sign all the paperwork for the TD on Tuesday, but I believe it can take weeks,I have just started the process and worried that they'll arrest my wages without giving me a fair hearing. Yes, app I can be disciplined if my wages are arrested, its in my company legislation 🙁 so worried.
17/11/2013 5:06 pm
Hi aggiebagwash.
Considering the potential effect on your employment you should probably take legal advice if you can.
In addition, Paul's suggestion of discussing this with your trustee is sensible.
As things stand though I'm afraid that the creditor does seem rather in charge here, something that can happen when a decision to start the trust deed process is left long enough for a creditor to make progress with legal recovery action.
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds
18/11/2013 11:22 am
Hi Aggiebagwash
Welcome to the forum.
Firstly you have until Wednesday before they try and force any action and contact you company my advice is to get the Trustee to contact them.
I also advise that you perhaps talk to your line manager or HR department if its not resolved.
A Trust Deed doesn't automatically uplift the wage arrestment the trustee would need to request that they uplift it and the creditor is under no obligation to uplift it.
Sequestration would automatically uplift it.
Michael
Michael is not currently posting in the Trust-Deed.co.uk forum.
