Statute Barred - When does Scottish Law apply

[jimbo45]

Hi all

in Scotland SB is 5 Years rather than 6 in England.

 

My question is what rules govern the actual "Scottishness" of these hypothetical situations.

 

1) Live in Scotland - presumably no problem

 

2) Lived in Scotland debt taken out in Scotland - Moved to England say 3 years ago -- what then.

 

3) Other way round Lived in England, Debt taken out in England

Moved to Scotland 3 years ago.

 

4) Live in Scotland but Credit taken out with English company containing a clause that any disputes will be dealt with under ENGLISH Law.

 

I suspect case 3 might fall under English law and case 2 under scottish law -- but anybody who could clarify please.

 

Case 1 shouldn't have any argument as that's definitely Scottish.

 

Can Case 4 exist.

 

Thanks

 

Cheers

jimbo

[ODC]

Jimbo

 

IMHO the law that applies relates to where you are residing at the time they take action. In scenario 3 if you are residing in Scotland then they would have to take action in the Scottish Courts as you reside in Bonnie Scotland. That being the case then the debt would be extinguished as per this little paragraph

 

I would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 "If, after the appropriate date, an obligation to which this section applies has subsided for a continuous period of 5 years:

 

(a) without any relevant claim having been made in relation to the obligation, and

(b) without the subsistence of the obligation having been relevantly acknowledged,

then as from the expiration of that period the obligation shall be extinguished:"

 

The last acknowledgement of this alleged debt was made over five years ago. Unless you can provide evidence of payment or written acknowledgement from myself in the relevant period under Part 1 Section 6 of The Prescription and Limitation (Scotland) Act 1973 , I would respectfully suggest that you are no longer able to take any court action against myself to recover the alleged amount claimed.

 

Should you continue to pursue this account without providing this evidence I shall seek an interdict and damages accordingly.

[mmalik]

Hi,

 

I am in a similiar kind of situation. I have signed a consumer contract back in sept 2004 and moved to scotland in 2005. I did not receive any thing or acknowledge anything for over five years to my creditor( I am living and working in scotland for over five years too) I have a county court judgment made against me two days ago for not paying to the creditor. In the judgment it is said as the contract was signed in the england therefore the english prescription law (which is six years) applies and i m liable to pay the money. Any advice???

Thanks

[ODC]

As far as I am aware the CCJ must be granted in the jurisdiction in which you live

[rameses_qc]

If you take the agreement out in Scotland, it is bound by Scottish law, wherever you live now (eg 5 year SB)

 

If you take it out in England, English Law applies wherever you live now (eg 6 years SB)

 

In any case, the agreement usually states which law applies, but as a general thing the above applies

[tindwcel]

I don't understand how it was possible for you as a resident of Scotland to get a CCJ from an English court.

 

See here... Can I be sued in England? | free help from Govan Law Centre , Glasgow

 

It quotes from "CIVIL JURISDICTION & JUDGMENTS ACT 1982" and higlights...

 

(4) Proceedings may be brought against a consumer by the other party to the contract only in the courts for the place where the consumer is domiciled or any court having jurisdiction under rule 2(i).