- Tue Oct 02, 2012 8:41 pm
They will be able to proceed to court, as from what you have said this has occurred since 2006.
The date is significant, prior to the Consumer Credit Act 2006, they would have had to have had to have a signed agreement (as was required under the CCA1974) but since the 2006 version they only need to show that you took the goods or services, which they may well be able to do in that they will be able to produce your order, properly a signed delivery note and other records, such as any payment you have made to them. (this is called probability of provision of services)
No matter how you look at this, as it falls under the CCA06, it is highly unlikely you will not get a Decree judgement (or CCJ depending on the version of law they are using).
The letter they have sent you does conform with notifications required under that act.
As you have also strongly inferred that you have other financial issues it will be worth talking to one of the debt organisation that cover Scotland, and these are:PayPlan
: Is a national organisation with approaching 20 years of experience in dealing with all kinds of financial situations, no matter how bad they are.
Their advice and help starts with a simple phone call to 0800 280 2816 http://www.payplan.com/Money Advice Scotland
: They are the national umbrella organisation which promotes the development of free, independent, impartial and confidential debt advice. 0141 572 0237 http://www.moneyadvicescotland.org.uk/find-adviserNDL:
Is an organisation that advises you on solutions that are available to you, you can contact them on 0808 808 4000CCCS
Is an organisation that advises you on available solutions with your financial problems. You can contact them on 0800 138 1111