How many court claims go to court??

[lizzy555]

Hello

Could someone tell me

How many defaults court cases actually go the full way to appearing/hearing in court, from your O/C or D/C.??

I have received a letter from my Ulster Bank cc, that it has been "passed over to a collection agent" what happens now with this agent??

I have sent a SAR, (I sent it crossed and payable to Ulsterbank, was this the wrong way)

any advice

[charitynjw]

Re: How many court claims go to court??

Hi lizzie555

Do you live in 'the 6 counties' or do you just use Ulsterbank?

Generally speaking, debt collectors can't take you to court.
However, some debt collection agencies are also debt purchasers, & so may be able to bring an action in their own right.

[Diana M]

Re: How many court claims go to court??

I have received a letter from my Ulster Bank cc, that it has been "passed over to a collection agent" what happens now with this agent??

I have sent a SAR,

A creditors decision to litigate or not depends on a number of things.

What is the current situation with your credit card account and when did you first open the account?

I see you sent Ulster Bank a SAR perhaps to check for a potential PPI reclaim (I've looked at your other posts and you may also have a mortgage with Ulster Bank?) but have you considered whether a s. 77-79 CCA Request may be appropriate?

If you sense a court claim could be on the horizon this (CCA Request) may be one way to delay action.

A little more information would help.

Di

[lizzy555]

Re: How many court claims go to court??

Thanks for the quick reply

Charitynjw, what does an "action in their own right" mean.
I do live in n-Ireland, my credit card was open around 2004,

DianaM, I do have a mortgage with U/B too, which is in arrears it was taken out round 2004 also, it's a gold credit card I have with them, my credit card is linked to my O/D account, I sent the SAR to view all my transactions,, and the balance transfers I had made to it, I don't have ppi on this card.
I recently sent them a letter for irresponsible lending,.
Is the CCA request for the credit card, or the mortgage?

[charitynjw]

Re: How many court claims go to court??

Thanks for the quick reply

Charitynjw, what does an "action in their own right" mean.
In their own name.
I do live in n-Ireland, my credit card was open around 2004,

I must admit that I'm not sure what property law applies to simple debt in NI.
Possibly still the Prescription Act(s)? (Not the Scottish one).

[Diana M]

Re: How many court claims go to court??

DianaM, I do have a mortgage with U/B too, which is in arrears it was taken out round 2004 also, it's a gold credit card I have with them, my credit card is linked to my O/D account

. . . . Is the CCA request for the credit card, or the mortgage?

I don't know the status of your mortgage arrears but I would put that at the top of your list of things to tackle since you want to avoid possession proceedings.

Are you in work or if not are you entitled to any benefits which may include SMI (Support for Mortgage Interest)? Read this > https://www.gov.uk/support-for-mortg...erest/overview

The s. 78-79 CCA Request would go to the credit card owner which is currently Ulster Bank and also a copy to that new Debt Collection Agency which has started to chase you.

This forum has a template letter to help you here > http://legalbeagles.info/forums/show...=7670#post7670

Try not to let all this get on top of you. There's always light at the end of the tunnel. You just need to feel you're more in control of the situation before you can see it

Di

[lizzy555]

Re: How many court claims go to court??

Hello

Looking for some advice again

I sent a SAR to Ulster Bank (Belfast) with a postal order, I didn't sign the letter, just printed name and the postal order was crossed, payable to Ulster Bank.

I have received a letter from U/B (Edinburgh), wanting

* a signed pro-forma
* further information as my request is unclear, to help them clarify what I am looking for, they have said they tired ringing me and want me to ring them to discuss the information I am looking. (my sar request is similar to di30 Sar template) They have also mention I might have to call into one of their branches to verify myself.

Does a SAR need a signature, (if sent by email a signature can't be given)?

I really don't want to speak to them on the telephone or call into the bank

in my first letter I only quoted my current gold credit card number.( I how remember that I had a standard credit card b4 I was offered a upgrade to the gold card different numbers), should I mention this
I also have a ulsterbank joint a/c and mortgage in joint names, (allow I'm separated) is it too late to ask that it includes these accounts? do they need joint signatures?

[lizzy555]

Re: How many court claims go to court??

Forgot to say I also sent a £1 token payment letters to ulsterbank and Virgin credit card.
Ulster bank hasn't reply yet
Virgin refused it, saying I don't meet they formal repayment arrangements..........

Should I still make the £1 payment rather than nothing?

thanks for all the advise I have got already, it really means a lot.

[EXC]

Re: How many court claims go to court??

Does a SAR need a signature, (if sent by email a signature can't be given)?

I really don't want to speak to them on the telephone or call into the bank

Providers have to satisfy themselves that the applicant is who they say they are to avoid giving out personal information to someone else.

See FAQs but bear in mind they are for providers https://ico.org.uk/for-organisations...ccess-request/

[seduraed]

Re: How many court claims go to court??

You seem to have a lot going on . So you need advice on the credit cards . There is a template letter to check whether a company has the correct paperwork to enforce a consumer debt regulated by the consumer credit actrl. The relevant sectionso are 77 to 79. There is a statutory fee of £1 for this information.
When an account is in arrears the lender may appoint a outside agency to try and colectures the debt or theye may sell that debt to the collection company. The company now owns the debt and canot take court action as though they were the original creditor. Thisis taking action 'in their own right'.
You are in arrears with your mortgage and it is essential that you get advice to prevent repossession. I think sheltered operate in NI but they are likelyou to know. Talk to to your lender get independent advice. Your mortgage is a priority debt.