Court summons for HBOS debt via Capquest (Scotland)- Help!!!!

[lolpet]

Can anyone give me some advice?

I have received a letter from Yuill and Kyle representing Capquest for what I believe may be a statute barred debt. Capquest bought the debt from HBOS. Court papers state default notice was issued in November 2004. I believe that the amount stated is for two seperate cards I had back then, but debt has been lumped together. If I am being completely honest, my life was such a mess around that time that I cannot remember what was owed, but I know my credit limit on one card was never that much, even with them adding interest over they years. I have checked credit reference company, default showing, and last payment in August 2004.

I have never acknowledged this debt since Capquest bought it in 2007, mainly because I didn't think I had a debt that size.

The form also states that they will provide a copy aagreement/default notice in the event of the action being defended.

 

Should I send statute barred letter, and if so to whom? Should I send copy to court? should I complete form 7 (expiry of notice is 29/7/10)

Should I ask for copy agreement( or agreements)?

 

Also - the summons was handed to my daughter at the door by sheriffs officer - not in envelope, so the information was disclosed to a third party. Are they able to do this? Surely they should have had the decency to put it in a sealed envelope. Obviously my family were totally unaware of this debt up until now.

I admit I had my head in the sand, but was always aware of, and ashamed of the mess I had gotten myself into back then, but them advertising the fact to my family was mortifying and could have put me in a very awkward position.

 

I could really do with some advice.

Thanks.

[42man]

Hi Lolpet....you MUST get this set aside, there is a statute barred letter for Scotland here (make sure you send it recorded delivery) - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/577-statute-barred-letter-scotland I think you should add to this letter stating that you have received a warrant and will be setting this aside and claiming your costs....this is a court defence for a statute barred debt in England (i'm sorry I'm not up on Scottish law) but it may possibly be the same, a call to the National Debtline (free confidential and impartial) may assist you as they may know more - http://www.consumeractiongroup.co.uk/forum/legal-issues/162456-help-statute-barred-debt.html - this is the one for English law and mentions 6 years (Scottish barring is 5 years)....please do get this set aside...

[42man]

You may need to change the Statute Of Limitations Act to The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6

[42man]

You might find this useful too - http://www.consumeractiongroup.co.uk/forum/dealing-debt-scotland/266991-taken-court-time-barred.html

[lolpet]

Thanks for your help 42man.

I have sent statute barred letter to Capquest and to Yuill and Kyle, requesting confirmation by return of post that no further action would be taken, nothing back and expiry of notice for court purposes is 29th July, two days away. If I have to submit form to court to state that I intend to defend it will cost £80.00. If they then choose not to pursue, what happens to this money?

If nothing received tomorrow I will have to submit forms but am reluctant to be out of pocket. Should I send for CCA and SAR at same time? Just in case?