Double Jeopardy? (Egg-ARC-Trevor Munn)

[klosblue]

Several years ago my niece came to live with me for a period of time. Everything was going well for her when she developed an illness which left her unable to work. She had several debts one of which was with Egg. If that was not bad enough,her fiance was killed in a car accident and everything became too much for her and she attempted to commit suicide. She has been left with mental and physical problems and is unable to deal with any stress. I took over dealing with her mail and found that she had been taken to court in England (while always resident in Scotland) by solicitors acting for Egg. I contacted them and started to make monthly payments on her behalf (my money) to clear this debt. Out of the blue this debt was then transferred by Egg to ARC (Europe). Despite me having authority to deal with this debt previously they refused to deal with me or to listen to the situation. A letter was composed and signed by my niece giving me complete authority and I sent this to them.

I arranged to make monthly payments to them and have done this for over a year now. They continued to address letters to my niece and not me and constantly threatened court action despite me telling them many many times that this had already been to court! They never acknowledged anything from me or that I was the person making these payments. Letters kept arriving asking for higher payments and the balance they said was owed was nearly double the actual amount. I sent proof of the outstanding amount from the previous solicitors (who had been very helpful) and eventually this was amended - without apology I may add.

Today a letter arrived (again addressed to my niece instead of me) saying that a County Court Claim was being prepared for issue against my niece in Northampton County Court. The usual garbage about extra costs, making payment now to avoid this and even a slip to make monthly payments despite the fact I have been making them by building society cheque from my account every month for over year!

I was absolutely livid! I called their number and asked what was going on. I told them I was making these payments out of the goodness of my heart and that this had already been to court - which I had already told them at least 20 times! I was informed they don't take instructions from me which unfortunately made me totally blow up! I informed them that they have been happy enough to take MY money for over a year but they would be getting not a penny more. I think I may have told them they were a bunch of idiots too. He terminated the call.

What I need to know is the following:-
1. Since this has been to court already around 3 years ago how can they take it to court again?
2. I read that you cannot be taken to court in England when you reside in Scotland and if that happens then the action is invalid. Is this correct?
3. Can they take action against someone who is mentally unfit to even deal with day to day life? I am convinced any stress will push my niece back over the edge which is why I took over dealing with her mail in the first place.
4. This is my house and my address and I do not wish to receive any mail from them - can I stop this?
4. What should I do now?

I would be most grateful for any advice. Please bear in mind that I am in Scotland so needs to be under Scottish Law.
Thank you.

[sillygirl1]

One way to stop the post going to your home address is to get a Post Office Box no, that should help a bit.

I don't know about Scottish law but maybe Govan Law Centre might help you - if they have taken her to court in the UK and she is in Scotland the case may very well be recinded or whatever.... they are just sending out their normal threatomatic letters, designed to harrass and frustrate you. I'd complain to Trading Standards about the tone of their letters.

[babybear39]

You need to get some advice from rory32 ASAP

[rory32]

I took over dealing with her mail and found that she had been taken to court in England (while always resident in Scotland) by solicitors acting for Egg.

Was any paperwork received from the court? Was she officially resident in Scotland at the time e.g. she didn't still hold an English address?

1. Since this has been to court already around 3 years ago how can they take it to court again?

If a CCJ was granted 3 years ago they may be trying to enforce this judgement by other means, however as your niece has no assets this would be pointless.

2. I read that you cannot be taken to court in England when you reside in Scotland and if that happens then the action is invalid. Is this correct?

The action under most circumstances would be incompetent. More info on this here Can I be sued in England? | free help from Govan Law Centre , Glasgow domiciled - meaning in terms of the Civil Jurisdiction & Judgments Act 1982

3. Can they take action against someone who is mentally unfit to even deal with day to day life?

They can if it's not raised as an issue. Do you (or anyone else for that matter) have power of attorney over her affairs? If no one does then I would recommend that you do even if it is on just a temporary basis.