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    • Update. The ASB team have categorically said they want to send a letter to the idiot saying... you are upsetting your neighbor, please come in to talk about this, we need to tell you we have no power to do anything about this though... WTAF?   They also said my only option to stop idiot parking and obstructing our kerb is to park our other car outside idiots property 🤔 because the car is now not obstructing enough to get a ticket and not breaking any law! Even though it's obviously being done to cause annoyance.   Just seems beyond belief!
    • Ok, quick update on this.  Mediation didn't happen - mainly because I missed the deadline for agreeing to the date - I didn't realise the deadline was quite so tight - and I had been away for the weekend and not reading my emails - anyway - although it was bad to not formally respond, it didn't really make too much difference because due to the lack of viable evidence provided by the claimant, mediation would have been pointless.   So I've been waiting to head what court date has been allocated to my case. However, instead I received a "General Directions or Order" letter.    Sorry - I meant to bring it in (to where I'm writing this).....but basically the gist of it was that the claimant had 14 days to respond providing evidence e.g. signed credit agreement etc. - and then I had 14 days after that to respond stating whether I accepted that evidence and whether I wanted to withdraw defence.    The letter was sent around the beginning of the month - therefore their 14 days are more or less up - I haven't heard anything - albeit, I need to factor in postage times - but surely this means my 14 days are not really 14 days....but more a case of the time left before the end of October and when or if I get anything from the court of the claimant with their evidence.   My question really is:    Is it a stupid question - but I cannot really do anything until I receive anything - at the moment, the court won't know what they've sent me (in response to my CCA request) - i.e. the poorly presented application form - meaningless statements - no clear signed credit agreement etc. - so this step is basically the court asking whether there is enough evidence in order to allocate a court date?   I'm assuming I should get a copy of whatever the claimant provides to the court?   Many thanks  
    • hello again, do you think this witness statement better suits my needs witness 2.pdf
    • Hi all   Does this link indicate whether or not Woodside Park station is under the TFL Byelaws or not, as I'm a bit confused?!   https://tfl.gov.uk/corporate/transparency/freedom-of-information/foi-request-detail?referenceId=FOI-2209-1819   Rgds. Andy
    • I am hoping someone can offer me some advice concerning an issue with my former landlord, please. In short, I took possession of a property he was letting out just over ten years ago. Having viewed and been offered the letting, I accepted and paid the deposit plus the first month’s rent and moved in. Meanwhile, the landlord had gone on holiday and it was not until a week or so after I had moved in that I saw him again when he came around to see if we had settled in OK. I told him all was fine and took the opportunity to ask him where the parking space was located as there is only “pay per hour” on street parking outside and a commercial car park approaching half a mile away. He said there was no parking included with the accommodation. Yet the lease which we had each signed clearly stated that the property included the use of a parking space. He told me that this was an error on his part and that there was no parking space included with the property. Having already vacated my previous letting and paid the deposit and the rental advance and moved all my effects into the new letting – in addition to not wanting a major fallout with my new landlord (I also had a wife and three children to consider), I erred on the side of caution and did not press the matter.   However, the kids have all grown and flown and we have been obliged to downsize to a one bedroom apartment (with parking, happily). This was nearly three months ago and I have only yesteray received contact from my former landlord’s lawyer stating I still owe him (the landlord) money. I am waiting to learn the grounds for his claim and have requested a full breakdown of that alleged indebtedness from his lawyer but, having been very good tenants who always paid the rent on time and not only took great care of the old property but also did a lot of unpaid work improving it over the course of our ten year residence, I am quite annoyed to be treated so meanly. Regardless of whether or not it transpires that I do, unwittingly, owe this man money I am wondering whether or not I might have a counter claim against him for the false representation of his lease and perhaps even be compensated for the ten years I spent paying for on street parking as well as putting up with the daily (often hourly) inconvenience of that.   If someone could advise me, I would be very grateful.   Thank you.  
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amywoowooo

Help EGG CAPQUEST AND SCOTT & CO LIMITATIONS ACT

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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 :(

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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.


 
 

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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

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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.


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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 :(

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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.

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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.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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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 by blueda

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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 by blueda

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

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


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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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.

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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.

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


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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

Then the CCA request goes to Egg Capquest.

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