Scott And Co Debt Collectors, Edinburgh Scotland.
BEWARE BUT DON’T BE SCARED OF THEIR PAPER THREATS THEY ARE POWERLESS!!!
We want to warn all of our timeshare Blog readers about this debt collection company with offices in and around the UK. We have become aware of them and their particularly aggressive unscrupulous collection activities via our involvement with Moness Country Club timeshare owners.
Only last week we received an email from one of our Moness Country Club timeshare owners who were in receipt of an aggressive letter from Scott & Co. We immediately emailed Scott & Co’s Managing Partner Mr David McLaughlin outlining our client’s grievance with their correspondence. It should be noted at this stage that we had made our client’s case to Moness way back in March 2014 but our letters were largely ignored.
As many of you know this is not unusual as timeshare resorts like Moness feel that they are above the law and often continue to harass their owners by continuing to render maintenance fee invoices and/ or employ aggressive unscrupulous debt collection companies like Scott & Co. They think that by taking this action the owners will become so concerned and frightened by all of this pressure that they will merely buckle and pay up.
This will not happen with ourselves and we will reiterate our advice, debt collectors like Scott & Co are powerless. They depend on you agreeing to pay them as they cannot enforce the debt they are pursuing you for. They have no right of audience and cannot participate in legal proceedings, our advice if you receive a debt collection letter from the like of Scott & Co contact us immediately and please do not dispose of their letters irresponsibly, do put them in your recycle bin and help save the planet!
So what can you expect from Scott & Co?
You can expect to receive a very aggressive threatening letter with misleading information like: if you do not pay we intend to commence legal proceeding and you will be responsible for substantial additional legal costs. This statement is not only untrue it is harassment as the majority of timeshare matters are for very little money and any legal proceedings are likely to be conducted under the court’s Small Claims track. This means that either party to the action, win or lose, will NOT be awarded costs as a general rule.
The risk to the parties in a Small Claims track action is minimal. The only additional costs will be a very small court fee approximately £ 50.00 or less and interest at the Statutory rate of 8% per annum. On a debt of a thousand or so pounds, interest is barely £ 80.00 per year or 0.22p per day from the date of judgement. So there is no ‘substantial additional costs’ as Scott & Co would have you believe. These are just unscrupulous scare tactics and tactics they know they should not be employing against debtors and even more so against debtors in dispute.
You can also expect to receive letters that say one thing but do another. For instance one of our clients received a letter dated 06 January 2015 which was received on the 08 January 2015 by them, the letter gave them 10 days to respond or else the threat of legal action. On the 18 January 2015 our client received a final demand ‘bully’ letter once again threatening legal action, this time naming the law firm Gately Wareing as the nominated law firm that are going to be instructed to deal with the matter. It is most interesting to note that the date on the letter was 16 January 2015. Therefore, when they wrote or generated the second letter when it was only 8 days from their first letter not the 10 days grace period they specified in their initial letter dated 06 January 2015. This in our mind shows Scott & Co for what they are, unscrupulous bullies who will stop at nothing to harass debtors and in our particular case, debtors in dispute.
Another scare tactic which Scott & Co are fond of is the threat of adverse credit information being registered against your credit file. This is again untrue only properly regulated credit organisations and the court are able to legally register adverse credit information against a debtor’s credit file. Timeshare agreements are unregulated and therefore there is no way Scott & Co can register a Default Notice on a timeshare owners credit file for default of maintenance fee payments.
Similarly the only way in which a company can obtain a judgement is to bring a matter before the court and lose at trial or before a small claims hearing. Even at this stage as long as the losing party pays the judgment debt then there will be no adverse credit registered against the debtor.
As you can see the Scott & Co approach is simply lie after lie to have you pay their 10% fee or whatever the deal with their client. We have been warned by Scott & Co’s Managing Partner Mr David McLaughlin that he will be keep a close eye on this Blog for any libellous comments we might publish about his organisation. Mr McLaughlin there is very little we could publish here about your organisation that wouldn’t pass the test of ‘fair comment’.
Perhaps it would be prudent for Mr McLaughlin to be monitoring things a little closer to home paying immediate attention to the inaccurate rubbish Scott & Co send out on behalf of their clients to debtors. Remember if you agree pay any money to Scott & Co you will be funding their business, their salaries, their big offices in and around the UK but the crazy thing is they are only able to exist if debtors are scared by their cunning letters and succumb to their demands.
If you have a problem with Scott & Co we are here to help you and we will show you ways to avoid these powerless debt collectors. We currently need people who have received letters from Scott & Co to make contact with us as we are inundating local Trading Standards with complaints on behalf of debtors. We current have matters going through Morayshire and Ayrshire Trading Standards so we would especially like to receive complaints from these areas in order for us to refer them on your behalf.