Help CapQuest Scotland

[Frenchbebe]

Hi,

 

Been receiving threatening letters from an outfit called Nolan's Solicitors on behalf of some other outfit Capquest or such for debt owed in 2006 which I cannot remember who the original creditor was. However, at time I recall none of these companies willing to enter into any kind of repayment plan.

 

They are now threatening to take me to court. I have never replied to these letters or engaged in any correspondence with them. What do I do? Someone turned up at the house saying they were a sherrif officer, but my girlfriend told them they had the wrong house? what now?

 

Can someone help, last thing I need 2 days before Christmas or anytime come to that.

 

( I live in Scotland)

[IdaInFife]

Hiya,

 

Have you received any court papers? if this was just a normal credit debt and a sheriff officer turned up that means it has been taken to court.

 

Or could the sheriff oficer be attending for a different matter regarding council tax?

 

You need to either deal with and start communication or do as you doing

[buzby]

As Ida says, you need to get to the bottom of it. If a SO, he'll be acting on papers from your local court. Rather than contact them, get a copy of your credit files and see what is outstanding against you, then take it from there.

[Frenchbebe]

Hi IdaInFife

 

I have received no court papers, only thing was a threat of court action. Is that what the sherrif officers perphaps had? This definatley not council tax, as I have no arrears or previous problems with council tax. The guy had in his had some kind of piece of paper with the name of the company who have been harrassing me. If they cannot prove I live there, then I assume that they cannot proceed with court action?

 

This debt I believe goes back to 2003 or 2002. At this time i contacted creditors and told them I was in difficult with payments. They were not sympathetic at all! In fact one of them told me if I wanted to pay less each month then I should DEFAULT!

 

Does Statue Barred aply in Scotland?

[buzby]

Proof of residency is of no consequence - but I cannot understand how, after the SO has visited, you are no better informed as to who the creditor is, the amount and what paperwork to authorise his visit was. In Scotland, debts are Statute Barred after FIVE years, not six.

[IdaInFife]

What you also have to remember is IF it has went to court and passed to sheriff officers then there is a change of a wages/bank arrestment.

 

So have you not paid anything to these in over 5 years?

[Frenchbebe]

Hi,

 

No, there were a series of letters, it seemed to change from one debt collection agency to the next. Once it went to DCA I never entered into any correspondance whatsoever because of what I previously said about the original debt. This has been going on for about 6 years, until it was passed to this latest outfit in Glasgow. Surely they cannot arrest wages if they do not know my whereabouts or workplace? If this is classed as a statue barred debt, why would a court favour the creditor?

 

I am really confused.

 

Seasons Greetings to you all, thanks for help so far!

[buzby]

If court action was successful, then that restarts the 5 years. The fact the SO knows your whereabouts gives him the opportunity to obtain info to get to the money. Renting or saying with friends is of no consequence, it just depends on how dedicated they are to get the money for their clients. Any visible assets (like a car) are at risk. You credit file will give you a good inside track into what you might be chased for. Merry Xmas!

[Frenchbebe]

Hi guys

 

Got copy of Credit report ordered before xmas. no court judgements against me! the debt they are after was defaulted on almost 6 years ago! And as I have previously said made no payments towards it? I assume that the CR is up to date. Would an CCJ show up immediately?

 

I am quite confused by this stuff.

[buzby]

Registry Trust update the files within 8 weeks, and the CRAs usually get updates quarterly - so if nothing is showing, and the rest of the data is yours, then there has been no court action against you. I'm assuming the debt you complain of IS showing, and the status as owed?

 

Once the six years are up, this data will no longer be displayed to enquirers, so you;d only have to sit it out until then.

[Frenchbebe]

Thanks further devlopments....2 guys saying they are sherrif officers turn up at my previous address. That of my 83year old mother! Saying someting about a writ? does this mean they are trying to serve court papers? should I send the statute barred letter off in meantime. End of this month this comes of my Credit report?

 

Thanks again guys

[buzby]

You need to know what the Writ was for. Letters to Claimants at this stage might be pointless once the court machine has started. Assuming the SO's turned up at an address you previously inhabited, they will most likely have recorded that the writ was served at your address. The expectation that your mother would advise you of this would be high. Similarly, if you did not update the creditor of your change of address this might also work against you. A call to your local court giving your name and the address the Writ was served on might provide some additional details. Do remember, the clock has already started ticking, so you need to get to the bottom of it sooner rather than later.

[Frenchbebe]

Hi Buzby

 

I have contacted my local court. There has been no action against me. I assume it would have to be my local court? I really need help here because I no nothing about these matters.

 

Thanks

[buzby]

Yes - there's no central issuing authority, like in England. Of course, these 'Sheriff Officers' could be just debt collectors, but if they did not leave the Writ, it may only have been a piece of paper - and not worth pursuing.

[Frenchbebe]

Thanks Buzby,

 

They left nothing at my mothers apart from their company name, which after googling, discovered them to be principally debt collectors also calling themselves messenger at arms. However, they are about 25 miles from where I live, not local.

 

Can I ask you one more thing, as this debt is due to come off my credit file at the end of this month, can they do anything after this time, if no legal action has been taken? Is it worth firing of a statue barred letter at the end of the month?

 

sorry so many questions...

[buzby]

SO's & MaA have to be licenced by the courts, so (for example) a Hamilton-based MaA has a right to issue service anywhere else in Scotland - the fact they themselves are not local to you is of no real consequence. The Court Service has a link to the list of individuals able to service court documents. Actions in Scotland are statute barred after 5 years, but they hang on for 6 in credit file records. I'd be wary of sending any SB correspondence if these guys are/were genuinely there to issue a Writ of Service as this would have got under the wire, leaving them free to pursue.

[Frenchbebe]

SO's & MaA have to be licenced by the courts, so (for example) a Hamilton-based MaA has a right to issue service anywhere else in Scotland - the fact they themselves are not local to you is of no real consequence. The Court Service has a link to the list of individuals able to service court documents. Actions in Scotland are statute barred after 5 years, but they hang on for 6 in credit file records. I'd be wary of sending any SB correspondence if these guys are/were genuinely there to issue a Writ of Service as this would have got under the wire, leaving them free to pursue.

 

Hi again

 

can you give me the url link to where I can get the list of individuals able to service court documents. What is a Writ of Service. I fear I am over my head with all these terms, does this mean they are trying to serve me a summons? Sorry for being so thick.

[buzby]

A Writ of Service is a document authorised by the Court, but served by the Pursuer advising of impending court action - usually when a previous postal attempt has been returned. They can also serve intimation, jusgements, arrestments, nothing that is really comforting....

 

Have a look at these;

 

https://nextstep.direct.gov.uk/PlanningYourCareer/JobProfiles/JobProfile1059/Pages/default.aspx

http://www.smaso.org/memdir.php

[Frenchbebe]

Thanks Buzby - very useful, unfortunately the outfit that was out is listed.

 

What do I do now? I have no intention of entering into conversations with them? the original debt incurred more than 6 years ago is now totalling 4 times what it was then. What do I do, bearing in mind the statued barred and assuming they have court papers. I checked another one of my local courts and there has been nothing against me or pending. Would they be able to take me to court outiside of my area then?

 

I just want this mess to go away, I am sick of it. I tried to do the right thing when I had debt problems and the creditor did not want to know!!! It just got me nowhere...

[IdaInFife]

can you say who it was?

[Frenchbebe]

The company chasing me through this messenger at arms is an outfit called Nolans based in Kirkintilloch, acting on behalf of a company called Capquest based in England, previously owned by a company called Ftc.

[buzby]

It should usually be in the court local to you (or the address they had). It may well be an invidation to attend court for some action, but if they've been unable to serve, it may have gone back to the client for further advice, which would explain why you've found nothing so far. They will have ourlined to your Mum what they need you to do - but if action has already commenced, you could quite easily accept service, turn up in court and your defence is SB.

 

If OTOH they actually have a judgement of some sort (that you've not been able to find), SB would be your route for a Recall of Decree, but you'd have to pay for this. This would be better than saying you did not have service and have the case re-run/

 

Until you know what they were trying to serve - you're gonna have to speculate. or contact the firm. A trick a friend of mne did was to borrow a mobile with a foreign (Eire) SIM card, and phone them, complete with the +353 number showing. He explained his mum asked him to call, and he said he rejected the pursuit, but as we was outwith the jurisdiction, he's get round to it if/when he returned.

[Frenchbebe]

can you say who it was?

 

Hi Ida,

 

Yes, it was a company called Gordon&NOble acting on behalf of a company called Nolans, who in turn are acting on behalf of a company called capquest in England who bought the debt from another debt agency....

[IdaInFife]

as Buzby says until you know what you are dealing with we are only guessing

[Frenchbebe]

Hi guys really need help - I am desperate!

 

The above sherrif officer returned alone and put something through my letterbox.. A Schedule of Inhibition. What can I do? Apparently a decree was made against me in 2007 without my knowledge or being able to defend by this lot Capquest.

 

Any help I am desperate!