Debt & court in Scotland?

we have debts from our business that went bust. They are considered as personal debts the company was not limited. Would we be just as well to have the credit card companies take us to court and have the court set a monthly payment? The biggest problem at the moment is that even though we have given them all our financial statement, they are all still phoning us all the time asking for more. They keep threatening us with the bailifs and say they don't have to go to court to seize goods from us. Will we be ok as long as we can prove that we have made an offer of payment?
Hope this makes some sense to you guys and that you can help.
They have even asked us to borrow money from family members to pay them!

have been through citizens advice but the companies are still not taking much notice

Know of a similar situation with a friend a few years back.

His was a limited company so the debts were all business related, but as you were not limited the debts will certainly be classed as personal, however as difficult as it may seem do not be threatened by phone calls and please be aware that the calls you are receiving are from people whose job is to recover bad debts.

As you are in Scotland I am sure it is Sheriff Officers who would be commissioned to sieze your goods but this can only happen when the credit company concerned applies to the Courts, and you would have to be made aware of this action prior to it being raised by the credit company. With this in mind you are probably being contacted by some debt collector in England and therefore they are talking about Baillifs. Whilst I can appreciate you are worried sick about this situation I suggest that within reason, try to disregard these threats as they are simply trying to frighten you into making payments. They should certainly not be asking you to borrow money from family members, but they will try all sorts to get their money.

The fact you have offered to make some form of payment should be accepted by them, but certain companies will still continue to harass you for more.

I would strongly suggest you contact a Solicitor to handle this for you, as if nothing else, it will take the pressure of you, knowing that some-one else is handling the matter. You may also find that once a Solicitor contacts the companies concerned, the threatening phone calls will stop.

Another source of great help may be your local Citizens Advise Office.

I hope this has helped you during this very stressful time.

Best of luck and I sincerely hope you manage to resolve this problem shortly.

ps. Do not allow this to affect your health or family.

I really dont know the answer...can you not go bankrupt. I dont think they should be able to threaten you as you describe. Good luck.

as long as you have been clear with them about your finances and asked for them to restructure you debt they should not be able to send in the bailiffs though they will threaten to . they can not make you borrow from family. it is in their interests for you to pay them so they will work something out with you...........the citizens advice people should be able to point you in the right direction.

Let them take you to court. you've offered to make repayments and though they can "want" more they can't demand it. You are NOT allowed to make threats to recieve money in Scotland. Go to court and tell the judge that you've already offered to make payments. keep copies of any letters you send to the companies as well so you can prove you've been in touch. get in touch with CAB for more info about Court costs etc. good luck

they are out of order,tell them you will see them in court.as long as you have made a offer of payment they cant do anything,go to citazens advice bureu they will phone these companys and tell them to back off,or see a solicitor you may be entitled to legal aid if not most of them give you your first hour free,hope this helps.