Capquest/sheriff officers

Nell_rocner

I've never been on a forum before so i apologize before I begin
Hope someone can give me advice please .....Capquest has been chasing me for awhile and I never acknowledged they're letters/phone calls. Yesterday morning I opened the door to someone telling me he was a sheriff officer and he was there on behalf of Capquest he asked if I was the person who he was looking for and I at no time did I give him my name and he said I had been served I denied I was the person who he was looking for and he tried to give me an envelope I put my hands in my pocket and refused to take it he then told me he was going to put it through the letter box I then shut the door in his face ....later a friend came to visit and picked the envelope up from outside stairs and brought it into my house. When it was opened it said I had a court date . I've read up on Statute barred and the last contact I had with the catalogue was in 2011 which is 6 years ago but I read that in Scotland (where's I live) they can't chase me after 5 years ....I'm feeling sick and angry and feel my only option is to go to a lawyer because it has court date. The small claims summons has to fill in details of the claim in number 7 of the form but there is nothing wrote in it ! Can anyone help or advice please

sourcrates

Hi Neil,

Scottish law works differently from English, if I were you, I would give Scottish Debtline a quick call, they will be able to advise you how to defend this.

Normally you would not need a solicitor, as the debt is statute barred, it effectively no longer exists, you don't need to prove anything, the onus is on them to prove it isn't.

If you have to attend court, it will be just you and a junior solicitor from capquest, in an office with the sherif/judge, you just need to know how to word your defence correctly, and everything should pan out ok.