Capquest claimform - RBS taken out whilst resident in scotland

[madmatt1009]

Hello everyone,

 

A housemate of mine has just received a letter from Capquest demanding payment of an unsecured loan taken out with Royal Bank of Scotland.

 

He was going to phone them tomorrow, after reading this forum about this I will advise him not to.

 

Can anyone tell me what the statute of limitation is in scotland and if the agreement was signed there is it bound by Scottish law?

 

Many thanks for an excellent forum, please accept my apologies if I have asked questions answered elsewhere

[diskmandave]

Providing the debt does fall under Scottish law, (THE PRESCRIPTION AND LIMITATION (SCOTLAND) ACT 1973) it is 5 years.

 

http://www.bdl.org.uk/images/Prescrition%20and%20Limitation%20(Scotland)%20Act.pdf

 

Regards, Dave.

[madmatt1009]

Many thanks for your rapid reply, I'm going to tell him first not to phone them and see if he's got any paperwork relating to the matter..

 

Will post my findings, once again many thanks

[rory32]

Can anyone tell me what the statute of limitation is in scotland and if the agreement was signed there is it bound by Scottish law?

 

Do they still live in Scotland?

[madmatt1009]

I have managed to discover the following.

 

1. The Agreement was signed in Scotland in Dec 2002 and last payment / contact with creditor in Dec 2003.

 

The person concerned is living in England

[rory32]

Dave is quite right that providing the debt falls under Scottish Law THE PRESCRIPTION AND LIMITATION (SCOTLAND) ACT 1973 would apply and therefore 5 years from when the debt was last acknowledged. However, which legal system applies depends on where the person is domiciled (e.g. where they normally live, in this case resident for the last 3 months or more) not where the agreement was signed. It therefore would appear that this matter falls under English Law so 6 years would apply from the last acknowledgement of the debt.

[madmatt1009]

We sent a CCA request on 14 Jan and today received a standard 28 days account on hold letter.

 

If there's no response in the required period then were going to SAR the creditor and do a dispute on the charges (if applicable) and the offer a payment manageable to the debtor.

 

Many many thanks to everyone who gave advice

[make them aktiv runners]

Agreements signed in Scotland are sometimes signed under English Law. Irespective of that though, the OP has made a statement in post 5 that the agreement began in Dec 02 and last contact was in Dec 03, but it is unclear as to what the OP is stating, ie,

1) Is the OP assuming a limitation period from the date the contract commenced?

2) What is the last contact in Dec 2003, it could be the OP never paid a penny from Dec 2002 and this was just correspondence from the creditor, but it could also be the last acknowledged payment.

[rory32]

Agreements signed in Scotland are sometimes signed under English Law.

Which is not enforceable as the action would be incompetent upon the grounds that the County Court does not have the jurisdiction to hear the case. You can not impose English Law in Scotland nor can you impose Scots Law in those countries governed by English Law. To put in perspective even House of Lords rulings can not be enforced under Scots Law, they are only seen as persuasive arguments. The two legal systems are completely seperate.

[madmatt1009]

Obviously I appreciate both the previous arguments, however my friend does not have the paperwork available to see if the agreement was, infact signed under Scottish Law.

 

Therefore I suggested to him that we go initially via the cca request route given that Capquest seem so useless.

[madmatt1009]

Good evening everyone,

 

I did a CCA letter for a firend of mine who was panicked by a Wescot letter, it seems that Moorroft didn't have the cca but rbs did and posted it today......

 

The covering letter states;

 

"Your written request for information made under s78 (1) of the Consumer Credit Act must be accompanied by a fee of £1. We are obliged to provide you with a 'true' copy of the credit agreement and a statement of financial information relating to the account, amounts currently due, with amounts and due dates of future payments that still require to be made. In terms of CCA copy document regulations, the 'true' copy requirement can be satisfied by providing a copy agreement at the date the card agreement was made and providing that plus a copy of the current terms of the card agreement."

 

We sent Wescot the postal order for £1 so I assume the idiots have pocketed that for their own ends?

 

The copy statement bears my friends signature, states it is a credit agreement, has the interest charges, payment allocation info, how charges are calculated etc and his signature which he has verified is his?

 

Sound complaint anyone?

 

He is also worried now that despite my telling him that we can negotiate using a statement of income and expenses he is going to get hammered by them!!!

 

 

Many thanks in advance

[2Grumpy]

Can you scan a copy, remove personal information & post it here

 

You can also load into photobucket & add a link here

 

The agreement might not be enforcable

 

Grumpy

[fuzzybobble]

I had a seemingly enforceable agreement sent to me recently , but what made me question it was the fact they offered me a 30% discount if I settled in full. It meant a saving over well over £3,000. As someone rightfully pointed out. DCA's don't offer things like that unless they know there's something wrong with the CCA.

Looking very likely now that they only have a scanned/microfiche copy and not the original. Hence why they have bounced it around 3 DCA's in as many months.

Thrown it back at them last week and will see if they can comply. If they do have it, then it shouldn't be a problem for me to go into my local branch and see it for myself.

If they refuse,then I'll go the court route and force them to comply, or go away forever.

 

Never assume the agreement is enforceable, until you've had the experts on here take a look at it. Many, many times on here I've seen agreements that have fatal flaws that render them uninforceable.

 

Tell your friend not to worry, the fat lady hasn't got on stage yet, never mind starting to sing.

[ScarletPimpernel]

"Your written request for information made under s78 (1) of the Consumer Credit Act must be accompanied by a fee of £1. We are obliged to provide you with a 'true' copy of the credit agreement and a statement of financial information relating to the account, amounts currently due, with amounts and due dates of future payments that still require to be made. In terms of CCA copy document regulations, the 'true' copy requirement can be satisfied by providing a copy agreement at the date the card agreement was made and providing that plus a copy of the current terms of the card agreement."

 

 

 

This is, I think, a standard RBS letter - I've had one too. The last part is inaccurate and misleading, incidentally - the Act obliges the creditor to provide a copy of the agreement and any other document referred to therein - i.e. the T&Cs at the time, not the current version. Many creditors appear not to keep copies of old T&Cs, so spout this drivel to try to get people to believe they've complied when they haven't.

 

I challenged RBS over this, and got a rather pompous response which ended using the moral obligation' argument (in other words, they know they can't enforce), and I've heard no more since.