Help please can anyone advise how long a debt can be pursued for in Scotland?

[mop2009]

Hi found this forum yesterday when trying to google the answer to my above question but to no avail,

The situation is as follows was a customer of RBS from childhood until aged 24 I had an overdraft and loan they persuaded me to get.

I was loyal and repayed weekly towards settlement I was in an accident and lost all mobility for 6 months and was on stat sick pay which halved my income or even less so the payments got smaller until feb 2003 when they decided to arrest my wages which were already miniscule and not enough to get by on. I was only allowed a third of my wages which didn't cover my bills asked to speak to the manager was denied this and they stuck to the claim they could seize my money as they saw fit to until settled. At this point I had to resign from my job and get incapacity benefit purely so i could get enough money from other means to survive on. I have no contact with them since and have moved addresses. Has anyone ever been in this situation? and anyone know how long the debts can be pursued for? also most likely a common question is there any bank I can use not affliated with rbs even as a savings account in guise of a current account help sick of having to hide and not having the means to access my own wages. I would have settled with them but their behaviour is disgusting to me and I will never give up to them. many thanks for your advice anyone who can

[maroondevo52]

Hello and Welcome, mop2009.

 

In Scotland, statute barred debts are governed by the Prescription and Limitation (Scotland) Act 1973 which states that the debt itself ceases to exist after five years providing that it has not been acknowledged and that no relevant claim against it has been made by the creditor.

 

*For clarification purposes, acknowledgement is either acknowledgement made in writing or a payment received against the debt. Once acknowledgement is received, this re-sets the limitation period.

 

Whilst the OFT accepts that the debt still exists, the OFT considers that it can be unfair to pursue the debt in the circumstances set out in their Debt Collection Guidance (section 2.13 and 2.14a and b), and it is the methods in which the debt is attempted to be collected that can cause concern to the OFT.

 

In essence, collection of statute barred accounts is a legitimate activity. However, if you have stated that you will not be paying a debt because it is statute barred, the collector of this debt should close the account and their records updated appropriately.

 

Regards.

 

Scott.

[mop2009]

Great news! thnaks very much your advice I had asked a few folk and the answers were not as good or detailed. great to know that the time limit has been passed with this in Feb it will be 7 years since this was incurred, Sad thing is I would never have had to do this if they had been reasonable with a payment plan, thanks so much for your advice. I have had no contact with them at all so should be good to go.Thanks again very gratefulM

[cerberusalert]

send the little gremlins this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/577-statute-barred-letter-scotland

[maroondevo52]

send the little gremlins this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/577-statute-barred-letter-scotland

 

Thats the one I could'nt find

 

Thanks

[cerberusalert]

Wee, sleeket, cowran, tim'rous beastie,

O, what panic's in thy breastie!

Thou need na start awa sae hasty,

Wi' bickering brattle!

I wad be laith to rin an' chase thee,

Wi' murd'ring pattle!

 

 

I'm truly sorry Man's dominion

Has broken Nature's social union,

An' justifies that ill opinion,

Which makes thee startle,

At me, thy poor, earth-born companion,

An' fellow-mortal!

 

 

 

 

 

 

 

I doubt na, whyles, but thou may thieve;

What then? poor beastie, thou maun live!

A daimen-icker in a thrave 'S a sma' request:

I'll get a blessin wi' the lave,

An' never miss't!

 

 

 

 

 

Thy wee-bit housie, too, in ruin!

It's silly wa's the win's are strewin!

An' naething, now, to big a new ane,

O' foggage green!

An' bleak December's winds ensuin,

Baith snell an' keen!

 

 

 

 

 

Thou saw the fields laid bare an' wast,

An' weary Winter comin fast,

An' cozie here, beneath the blast,

Thou thought to dwell,

Till crash! the cruel coulter past

Out thro' thy cell.

 

 

 

That wee-bit heap o' leaves an' stibble,

Has cost thee monie a weary nibble!

Now thou's turn'd out, for a' thy trouble,

But house or hald.

To thole the Winter's sleety dribble,

An' cranreuch cauld!

 

 

 

 

 

But Mousie, thou are no thy-lane,

In proving foresight may be vain:

The best laid schemes o' Mice an' Men,

Gang aft agley,

An' lea'e us nought but grief an' pain,

For promis'd joy!

 

 

 

Still, thou art blest, compar'd wi' me!

The present only toucheth thee:

But Och! I backward cast my e'e,

On prospects drear!

An' forward, tho' I canna see,

I guess an' fear!

 

(Robert Burns)

[maroondevo52]

Thats a lovely wee poem care to translate

[cerberusalert]

Nah, doesn't scan too well in translation.

[maroondevo52]

[Guest wino]

Sorry to butt in not being Scottish but...

 

Mop2009 have they contacted you recently because if they have not then I would be inclined to say nothing to them. Don't write or phone. If they have then do send the letter as previously advised.

[mop2009]

Hi Wino thanks for the reply I moved from the address I was registered at in feb 2003 and have not spoke to them or any DCA's since or wrote to them A friend tipped me off to just ignore no matter what, Also lol at the poem above this timourous wee beastie is through the winter now hopefully! so will try in the new year to open a basic account as some seem not to have to credit check. Would you also advise just dont contact them and present the above letter if needed to only? this my thinking thanks for the input. Martin

[IdaInFife]

yes

 

ida x