I left Scotland in August 2002, leaving behind me a substantial amount of unpaid debt.
The date of first default on all of them except my student loan would have been September 2002.
I lacked the foresight to inform my creditors that I was going overseas – I wrongly thought it best not to.
However, from communications with my father and former work colleagues they are well aware that I left the UK.
For the past 16 years, I have resided in Asia.
I have not heard a whisper from any creditor during the entire time.
No letters, no calls, no emails.
The last is quite odd as several of them did have my email.
I was quite careful for the first 5-6 years overseas and avoided opening accounts in my name or applying for credit.
For the last 10 years though, I have had multiple bank accounts in many other nations as well as brokerage accounts and investment properties.
I have also contacted HMRC and had tax I overpaid refunded without issue using a UK C/O address.
None of this has produced contact.
As I am not in the UK (though I have visited), I have never been able to check my credit report or use the registry trust site to review my credit file.
It would be pointless now anyway, as the debts should have fallen off the record long before.
I was, however, curious to learn if any creditor ever went to court in Scotland based on my last known address and obtained decree at the sheriff court against me in my absence.
Yesterday, I contacted the sheriff court for the city I lived in for my entire adult life and of all the creditors, only one (the bank loan) had gone to court.
However, they simply raised an action in 2003 and did not proceed to obtain decree.
I presume and am hoping that this means I am in the clear and all the debts have been extinguished under the prescription and limitations act 1973.
My main concern is that some legal action may have been taken in other courts
– meaning courts elsewhere in the UK, except the city in which I was domiciled.
Legally, I would think such a move would be questionable.
Has anyone had experience with this?
Could there be money order judgments lurking in other court records?
Is there any way to check this without individually calling each and every court?
I would not be overly concerned with CCJ’s as they generally can be ignored after 6 years and are seldom rolled, but Scottish money order decrees endure for 20 years.
I am now in a healthy financial situation and have plans to invest in UK property in Scotland.
I am concerned if any of this could come back haunt me if I do that.
Any advice or insight would be appreciated.
Here is a brief overview of my debt pile (all sums in GBP)
Credit card 1 – 7500
Credit card 2 – 7000
Credit card 3 – 4500
Credit card 4 – 3200
Bank loan – 12500
Consumer loan 1 – 2000
Consumer Loan 2 – 1500
Student loans (mortgage style pre 1998) – 6500. This fell due in April 2003 as it had been deferred.
Total owed. Circa 44,700