Help EGG CAPQUEST AND SCOTT & CO LIMITATIONS ACT

[amywoowooo]

Hello, please Helpback in 2003 i was with a plonker who took out an unsecured Loan with Egg in my name for several reasons i had to up sticks and relocate myself and my daughter needless to say the Debt was not repaid.Some time later after relocating to Scotland i started getting chased from Capquest around 2007/2008 but for unknown reasons all communication stopped i dont think i actually agreed to the loan being mine or made any payments but i cant be sure.about a month ago i recieved an email from a debt collectors in Scotland Scott and Co from their litigation department asking me to contact them, i have not had any letters just emails, and i have recievd another today saying i must contact them immediatley, Do i contact them or do i ignore it, it was so long ago, but i am scared they take me to court, there is nothing on my credit file and i have spent the last six years paying off a heap of stuff that wasnt mine- but all in my name stupid girl i was.Your help is most appreciated as i really am scared they arrest my wages or soemthing

[maroondevo52]

Hello and Welcome,

 

How long have you been living in Scotland and what length of time was there when no acknowledgemdnt or payment was made towards this debt.

 

Scott & Co are Sheriff Officers and do have the powers to arrest wages ect but before any arrestment can take place a Charge for Payment must be served.

 

I'm moving this thread to the Dealing with Debt in Scotland Forum where you'll get more help.

 

Regards.

 

Scott.

[amywoowooo]

Hello and Welcome,

 

Hello thankyou for your reply , I have been living in Scotland for six years now and I have had no communication from cap quest since 2007/08 I think how do they issue a charge for payment can I have one already without knowing

[BRIGADIER2JCS]

If there has been no payment or acknowledgment in writting made in 5 clear years the debt is statute barred and extinguished.

 

You need to check you credit reference files asap Experian (Credit Expert) and Equifax have 30 day free trials, CallCredits Noddle Service is free but not always up to date.

[amywoowooo]

hello i have managed to find a payment i made in Jan 2008 to capquest so that rules the limitations out What about Scott and Co can they make a charge for payment against me can the sheriff come to my house, i dont have anything i live in a rented house so scared i only just have enough money for my daughter and me can they arrest my wages? what should i do, should i contact scott and Co i am still yet to receive an actual letter i just have emails

[blueda]

Hi amywoowoo, as you have made payment in Jan 2008 the debt is not statute barred until Jan next year, however if you did not sign the Consumer Credit Agreement ( CCA ) which is an agreement made between the the Creditor and the Customer, if you have not signed such agreement then Egg has no legal right to demand payment from you, if so then you can write a letter asking them to send you a valid signed copy of the original agreement, which you have a legal right to request anyway, dont sign the letter to them, below is the Link to the CAG Letters templates page Letter N is the one .

http://www.consumeractiongroup.co.uk/forum/showthread.php?20758-creditorsandDCAs-letterTemplates&Budgetplanner

If taking this route i would advise you to send a copy of the letter to Scott and Co with an a few words on your reason.

[BRIGADIER2JCS]

A CCA request made under section 77/78 of the Consumer Credit Act 1974 has a statutory fee of £1.00 use a postal order there is a template in the CAG library for this the DCA has 12 + 2 Working days to reply. This is how it must be done.

There is no reason why you should not sign a lawful request for information.

The lack of a ''signed'' agreement does not necessarily mean that the debt is unenforceable, Case Law has made the production of reconstituted agreements if compliant with said case law acceptable as satisfying the section 77/78 request.

 

Given the above and proof of useage of a credit facility is often enough for a judge to decide that liability exists.

[blueda]

As Brigadier says, send a £1.00 postal order to Egg Capquest and allow 12+2 working days for their reply. If they send a copy of agreement then post on here with your personal details blanked out and we will tell you whether or not it is an enforcable agreement. If in the event that the debt is enforcable you can copy a letter from the templates page offering the creditor token monthly payments which are affordable to your circumstances.

Send the CCA request by 1st class recorded delivery and the letter to Scott & Co. Do Not speak to them on the phone.

Edited October 10, 2012 by blueda

[blueda]

hello i have managed to find a payment i made in Jan 2008 to capquest so that rules the limitations out What about Scott and Co can they make a charge for payment against me can the sheriff come to my house, i dont have anything i live in a rented house so scared i only just have enough money for my daughter and me can they arrest my wages? what should i do, should i contact scott and Co i am still yet to receive an actual letter i just have emails

Scott and Co are not going to turn up at your door or arrest your wages at this stage, as meroondevo has said before any wage arrestment A charge for payment must be served. If dealt with properly and with the advice on this site, then wage arrestment is highly unlikely, however you must contact them by letter, Do Not Ignore Them.

Edited October 10, 2012 by blueda

[amywoowooo]

Thankyou for all your help its much appreciated so who should i send the letter to ? Egg, Capquest or Scott and Co ?

[BRIGADIER2JCS]

The CCA request goes to the last company that has contacted you.

[amywoowooo]

great Thankyou

[maroondevo52]

How did Scott & Co get your e-mail address.

[amywoowooo]

This is the same email address i have had for years the same one that egg would of had when the loan was originally taken out.

[blueda]

I have re read your original post and as you have had no correspondence from Egg Capquest since 2007 2008 then as Brigadier says send the CCA request to Scott & co.

[BRIGADIER2JCS]

CCA Request always goes to the last DCA to make contact.

[blueda]

CCA Request always goes to the last DCA to make contact.

Then the CCA request goes to Egg Capquest.