What should I do, Scots beagles? I have received a summons from Capquest?

[unclepuncle]

I wonder if any Legal Beagles in Scotland can help me?

I have received a summons from CapQuest who seem to have bought a debt of £8800 from Lloyds with whom I once had a credit card. The debt relates to 2011. I became unemployed and suffered from depression, and let the debt lapse in the hope it would go away.

I am recovering and am now a full-time student. My income is £6000 pa (this is the value of the bursary/loan froan from the Scottish education authorities). I do have a house on which I am paying a mortgage - and continued to make those payments when I was ill. My mother now lives in this house and I live near my place of study, Edinburgh, in a student apartment.

A summons was sent from the Sheriff Court in Tain to my house and forwarded to me. I have some questions and hope any of you with experience of Scots law will be able to help me. I am very inexperienced in these things so if there are any abbreviations, please could you spell them out? And if there are any template letters, please could you paste a link (or provide idiot-proof instructions as to where I can copy them)?

- I wish to delay proceedings. What should my next steps be?
- What template letters should I send to CapQuest now?
- How do I reply to the court now?
- I wish only to correspond with CapQuest. Not be bothered by phone or email. Can I stipulate this?
- The summons was sent to my house. I do not wish any judgement to be attached there. Can I request that CapQuest correspond with me at my new address (a rental property) or some third party business address?
- My mother is prepared to help me settle this debt. But she wishes to pay the minimum on my behalf. Are we in any position to negotiate with Capquest? How should we begin? Through a solicitor? What should we offer?

I understand that I am luckier that many people who have the most heart-rending stories on this board. Nonetheless, I hope you will help me on how I should take my first steps.

[seduraed]

Re: What should I do, Scots beagles? I have received a summons from Capquest?

Hi there I am sure that some clever beagles will be along shortly. Knowing nothing of Scots law I can't help at all. But I think it may be better if your mother tries to offer to settle directly rather than giving you the money to settle the claims.

[unclepuncle]

Re: What should I do, Scots beagles? I have received a summons from Capquest?

Thanks for your post. I am anxious about this. I do hope a Scots Beagle comes along soon because I would like to start the process of delaying CapQuest's action. The summons was dated the 22nd and I have only 21 days to reply. Which might seem like a long time but the days pass quickly...

[Amethyst]

Re: What should I do, Scots beagles? I have received a summons from Capquest?

Morning.

1st Job get a CCA request sent off to CapQuest http://www.legalbeagles.info/forums/...y-of-Agreement - I don't think they will have very much problem producing the agreement and it being compliant though as it is from 2011.

With you owning a property and your Mother living there then your priority is to protect that I'm guessing.

To start with Scots court is more complex and the process's more difficult than in English courts, so with a recent agreement, and undisputed debt, and a property, I would recommend negotiating a settlement as soon as possible. You can find all the information on Scots procedures at https://www.scotcourts.gov.uk/rules-...ry-cause-rules


- I wish to delay proceedings. What should my next steps be? Delay for what purpose and for how long? You will have your 21 days and then approx 10 weeks to get this sorted before the options hearing.

- What template letters should I send to CapQuest now? The CCA request

- How do I reply to the court now? Not just yet - but before the 21 days you need to return form O7 and cc it to the pursuer - then you have 10 weeks to wait until an options hearing.

- I wish only to correspond with CapQuest. Not be bothered by phone or email. Can I stipulate this? Yes

- The summons was sent to my house. I do not wish any judgement to be attached there. Can I request that CapQuest correspond with me at my new address (a rental property) or some third party business address? It isn't your choice I'm afraid the property is what they will be after as security for the debt - however you can ask capquest to communicate with you at your residence address

- My mother is prepared to help me settle this debt. But she wishes to pay the minimum on my behalf. Are we in any position to negotiate with Capquest? How should we begin? Through a solicitor? What should we offer? You can discuss with Capquest - negotiate - remember they want as much as possible as soon as possible to maximise return on their investment - if you can offer 30% of the debt plus their cost of raising the action they may negotiate with you but with a property in the background I very much doubt you would get much less than 70% settlement for them to withdraw Best way is to speak to them on the telephone, and I'd set this negotiation in motion as soon as possible. You might have more success if you negotiate through your solicitor but then of course you must account for the cost of engaging a solicitor in the cost of settlement

I hope that helps a little.

Sharon

[unclepuncle]

Re: What should I do, Scots beagles? I have received a summons from Capquest?

That helps a lot. I am very grateful, thank you.