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Buchanan Clark + Wells

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I would send a further Statute Barred by recorded delivery and keep a copy. If they ignore this one make a compliant about harassment.

Dear Sir/Madam

I refer to your correspondence dated the

I would ask you to consider the following points:

1. This debt has now prescribed under the Prescription and Limitation (Scotland) Act 1973 as the debt has subsisted for a continuous period of five years-

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

A relevant claim in a consumer credit contract would normally be the raising of a court action-


(b) Without subsistence of the obligation having being relevantly acknowledged,

Then as from the expiration of that period the obligation shall be extinguished

A relevant acknowledgement in a consumer credit contract would normally be an unequivocal written admission by the debtor that the debt still exists or by making payments to the debt

We would further advise you that in Scotland unlike England and Wales the debt is totally extinguished and ceases to exist.

Unless you have contrary and irrefutable proof to the above we would ask that you refrain from making any further claims.

You will no doubt be aware that the Office of Fair Trading (OFT) has issued guidelines as to practices which it considers to be unfair. We feel that your continued pursuit of this debt when it no longer exists under the above legislation is a contravention of these guidelines and throws it to question your fitness to hold a consumer credit licence.

It will therefore be our intention, if your activity persists; to report the matter to the OFT Consumer Credit Enforcement Team

Yours faithfully

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