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DCA - stat barred advice please!


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Hi, I'm new (what a fab site!). Looking for a second opinion on something...

 

A DCA are chasing my husband for a debt from 2001 - however, when we checked his Equifax record it claims he defaulted in April 2004. No payments were made to the account in 2004 (or 2003 or 2002 for that matter). Am I right in saying the debt is statute barred from 2001 if they cannot send proof that any payment/acknowledgement has been made since then?

 

Can I also ask, are debts stat barred for 5 years in Scotland, even if the creditor (Aktiv Capital) resides in England?

 

Thanks guys!

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They will have to prove that the last communication was within the limitation period. If the debt was taken out in Scotland then Scottish law applies. However if it was taken out in England and you subsequently moved to Scotland then the longer 6 year period applies. If it was taken out in Scotland then I would also demand that the DCA removes the default from the creditfile. Hope this helps.

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If the debt was taken out in Scotland then Scottish law applies. However if it was taken out in England and you subsequently moved to Scotland then the longer 6 year period applies.

That's simply incorrect. Which countries statute applies depends on where you are domiciled (see paragraph 3 of schedule 8 of The Civil Jurisdiction and Judgements Act 1982).

 

Can I also ask, are debts stat barred for 5 years in Scotland, even if the creditor (Aktiv Capital) resides in England?

 

Yes debts are time barred after a period of 5 years where the debt has not been subsequently acknowledged. The country where the creditor is located is irrelevant.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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