Capquest need help how to deal with them (Scotland SAAS)

[Jb4791]

Sorry I might be vague on some parts you just never know who's snooping.

 

I got emailed out of the blue about 3 years back from an unsaid company (I'm sure you have an idea) I had 3 Student loans 97.98.99. (Scottish). at first I didn't pay attention to it.(as I thought it was some spam company) Then I got a few more I then made the mistake of emailing with a signed letter (although no acknowledgement of the debt was given). 

One of these messages I received was a settlement offer (which has now been deleted off my  file and no other has ever been offered) Then a short while latter I received information on sign in details to their site (as they wouldn't give information over the phone as I wouldn't give them my address)

 

when I looked (signed in but nothing more than my email address). It was in fact and old student reference. (I don't have any paperwork on these old loans therefore I couldn't cross reference it ). I had been deferring from 99 till 2012 I think, as the salary cap was pretty high back then and I was always just under it.

 

I had unfortunately gotten into a mess with debt circa 2010 and I had to enter into a trust deed (Scottish equiv to IVA) but thought this encapsulated student debt (which I later found out it didn't). between that deferring circa 2011-2012 until 2018 (when this said company contacted me) I hadn't made any contact with anyone. I think I paid one monthly payment in the entirety of these loans (possibly 2008-2010 unsure of date) as I was a week or 2 late in sending in my deferrment info. 

Now the questions. 
* Where do I stand on this, should I just keep ignoring this ( I am now receiving  periodic account statements). 
*will they just eventually CCJ me. 
 *Im sure they have been adding interest (can they do this ,isn't it suppose to coincide with the actual interest of the original loan). 
* should I ask for the original student load credit agreement 
*As they are only asking about one loan  have the other 2 become statute barred..as I know there are diff rules pre 99.  
* how will this effect my credit file ( has it already). 
*Ive heard if I contact them about a settlement payment (possibly ask for the same original settlement they offered me it was around the 50% mark) if they agree then this gets marked on my file as settled but is still a problem. Could I ask it to be settled (but marked on my file as paid in full). Im just thinking as the debt is so old they would accept this.

*if they don't want a settlement where do I stand.

Apologise as this was pretty long. I was trying to think of every piece of info I could,  so that anyone with sound advice had the full picture. 

I am currently unemployed. (But could possibly get helped in getting together some % of the settlement, if that is the a venue I decide to go down ).

Many thanks in advance for any help given. 
 

[dx100uk]

no need to play secret squirrel, erudio i expect.

 

if you've not deferred at all in the last 5yrs and these are SAAS loans they will be statute barred.

 

 

[Jb4791]

But they keep sending me out a monthly online statement (electronic). When I originally wrote to them (not acknowledging the debt ) does that make a difference.  Cheers 

[dx100uk]

nope.

 

erudio/capquest are all part of the arrows group , a DCA ....not bailiffs no DCA ever can be , with ZERO legal powers on ANY debt regardless of its type. once debt is statute barred nothing can unbar it esp in scotland as the scottish SB laws clearly state a debt is extinguished, dead gone parrot after 5yrs

 

SAAS loans pre 1998 are still old mortgage style loans, no matter what they nor you say/write/talk.

 

so please clarify i have the details correct .

 

i notice you've made a 

2 hours ago, Jb4791 said:

*As they are only asking about one loan  have the other 2 become statute barred..as I know there are diff rules pre 99.  

erudio wont hold anything other than pre 98 loans if you have any later ones. and if they were for the same qualification, they will still be deemed mortgage style so will be SB'd

 

so are my names correct?

 

 

[Jb4791]

I'm not sure what you mean by correct names. I've already stated it's capquest. But can't they just then CCJ me if I don't pay anything.

 

They first contacted me in 2018 nearly 3 years ago. Why did they buy the debt in the first place if it is non executable so to speak.

 

Are you 100% sure on this. Apologies but this is my life here I can't just accept in someone's opinion.

 

Many thanks.

Can/will they just wreck my credit file then 

 

[dx100uk]

is this erudio on SAAS Scottish SLC loans?

 

all remaining/outstanding pre 1998 old mortgage style SLC/SAAS loans were sold to arrows in late 2013.

you are in scotland no such thing as a CCJ up here...at the time they bought it , it would not have been sb'd.

 

you'd think someone with almost 150'000 post's can be somewhat trusted......

 

spill the bean's...

 

dx

[Jb4791]

I'm not sure what you mean buddy (with erudio). I've had no dealings with erudio (unless they sent out letters which I never received). I've explained everything I got an email from Capquest in 2018 out the blue. I've moved house (since last deferment around 2010-2012 can't remember last year I deferred) no other correspondence or postal letters) i had 3 loans as per post( please read). 97 98 and 99 (it has a student loans reference but as stated can't cross reference it to what year it was as no paperwork ). And when I mean CCJ I mean decree. Cheers 

Edited March 28, 2021 by Jb4791
Misspelt

[dx100uk]

the capquest comms will state our client? who is?

 

these will be scottish SAAS student loans you had...yes?

 

you need to make some kind of written royal mail contact, as you have moved since you took the loans out? and i will doubt that you ever updated SAAS of that fact?, so capquest, on behalf of erudio (both are part of the Arrows Group) have written to you after searching your credit file and have found your new address.

 

what you have is a phishing letter via email, to see if you respond, if you don't respond AND you have moved and failed to update SAAS or latterly 'the arrows group' that you have in WRITING, they will file a backdoor decree to your old address.

 

now, there's a bit of an oxy-moron syndrome here with you being in scotland still (i will assume you are?) that all court  papers must be served in person by the sheriff officers of the court...but you see arrows will be sneaky and claim they HAD contacted you but not by letter.

but the court won't know that, so will allow the case to further...thus you'll get a backdoor Decree.

 

so, as i said before you need to inform capquest the debt is SB'd...we can help with that and kill this nonsense dead

 

however i would like the client of capquest to be confirmed 

 

the list of your questions/assumptions in post 1 are mostly immaterial.

 

unless you have not moved since you had the loans......

 

dx

[Jb4791]

Hi DX..

I had moved once from the original student loans. This was updated to new address as I deferred for 10-12 years before I stopped contacting them. (As I thought student loans were covered in a trust deed but they aren't).  So between either 2010-2012 no contact was made on my side until 2018 when I got this capquest email. But obviously they don't know my new address or they would have posted a letter to there. 

 

When I first heard from them. I let it sit for a bit then out of curiosity. I emailed them back but they wouldn't confirm anything over email. Unless I attached a hand written letter (which I unfortunately signed, but I never acknowledged the debt ) I think they were being sneaky there.

 

After a few weeks I then received another email about a sign in portal (that shows the debt) I signed into this out if curiosity. And the rest you already know about. 

 

I don't like what you mean by. "I would like the client of capquest to be confirmed". I really appreciate this help.  (Would it not be better to contact through email address rather than it all in open forum) 

 

Sorry I moved in 2015 to new address (but never informed anyone, as aforementioned I thought a trust deed encapsulated all my debt ) cheers

 

Sorry typo. It's not I don't like what you mean by . It's I don't know what you mean by

[dx100uk]

you don't need to hide who about what are chasing you over..

you are anon here , so how the beep can they ever know it's you posting...think about it.

 

however...to kill this dead you need to do what i outlined in my earlier posts ....

 

you need to WRITE stating your current address (you should never hide from any debt in this current post 2000 computer age) by sending capquest our scottish SB letter...

 

Statute Barred Letter - SCOTLAND **Update 21st April 2014** - Debt Collection - Consumer Action Group

 

simply send by 2nd class post, get free proof of posting from any po counter.

 

 

 

 

 

[Jb4791]

I  am currently residing with a family member but should be moving in a couple of months therefore I will send your much appreciated letter then. As I don't want a family member starting to get post through from them.

 

Out of curiosity how much success has there been with these letters? 

 

I am just now wondering if I did defer in 2012 and that they are trying to catch me out on the English 6 year (statute length). But as you said it's 5 years in Scotland. But surely they know those so therefore are they just chancing their luck?? And hoping I pay.

 

what will happen with these other 2 loans??. 

 

On a final note. Will they dispute the statute and start sending threatening letters etc??. Or How will I know if my letter is successful will they confirm this in writing or will they just stop corresponding with me. 

 

many thanks for your help. I will definitely be sending you monetary thank you once (hopefully) this is resolved. You can guarantee it as this will be a massive weight off my mind. 

 

[dx100uk]

the debts are SB'd ...end of ...nothing in scotland they can do about it.

just use an address whereby you know you will get any reply, though they are not obliged too, as they are dead in scotland. totally extinguished.

 

 

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

stop worrying.

 

 

 

 

 

 

 

[Jb4791]

Apologise DX I thank you massively for your time and effort but just out of curiosity why have you so thoroughly helped me with this. ??.

 

Why do I need to send them a statute barred letter if it is already barred???...i know you mentioned about this back door decree but how can that exist/come into play if the debt is barred. The only thing that changes is that now they will have my address if I correspond with them. This has kept me up all night worrying. (I had already sent them in an email attachment which was handwritten and signed in 2018).

 

And why haven't they already done this backdoor decree when it had been nearly 3 years since they first contacted me. Do they just keep sending me statements in the hope that I one day pay or ???? 

Edited March 28, 2021 by Jb4791
Add on

[dx100uk]

instead of spending all night worrying why didn't you simply read other erudio threads in the same forum you post your thread in?

would of answered all your questions.

 

you sending that letter in 2018 means nothing, the debt was already SB'd , not even a judge can unbar a debt and esp a sheriff in scotland as SB in scotland means a debt is extinguished, gone dead parrot after 5yrs.

 

as for the letter and your address, you must never run from debt and who's going to tell them it's SB'd or a sheriff if you don't and you suffer the remote possibility it did goto court behind you back? certainly not a fleecing DCA who lie all the time and will keep dead quiet if the sheriff doesn't spot it.

 

don't risk it.

 

but i've said all this already if you re read your thread.and others.

[Jb4791]

Cheers