Statute of limitations or The Prescription and Limitation (Scotland) Act 1973

[jenny00star]

Any pointers on how to complete this? I'm intelligent, but I've read this a few times & am confused

 

Does this need to be passed to a solicitor to complete??

 

Any advice would be gratefully received!!

Thank you.

[IdaInFife]

no you can fill it in yourself.

 

have you printied of the time to pay?

[jenny00star]

Hi Ida,

Yeah I printed it off & read through it. I think what is confusing me is the bottom of page 3 seems to be something which is to be filled in by the court and if this is the case it shouldn't be in any way attached to a document sent to the courts by an applicant - this is something the courts have to provide.

 

Thanks for getting back to me about this

[IdaInFife]

ok ill skim over it

 

page 1

 

your name and address ( if the charge for payment is in your name and partners/spouse then you need to fill in one each but need to put on it JOINT APPLICATION on all pages)

 

name and address on the charge for payment who the sheriff officers are collection for

 

score over (a) and write charge for payment at (b)

 

score over b c and d

 

page 2:

 

self explanitory but if you want i always find it better to make up your own I and E showing all incomeing and outgoing on a seperate sheet and attach a copy to it and just fill in the boxes and write over where they have incomeing and exp " please see detailed attached sheet"

 

 

page 3:

 

score out 2, 3 and 4 and sign and date under no 4.

 

 

you need to inlcude the charge for payment with it o0r at copy of it and return it to the court on the charge for payment, either by SD or hand deliver.

 

Ida x

[IdaInFife]

the bit at then end you see, the sheriff clerk will fill that out when it has been dealt with by the court, it should be there.

 

what will happen next is the court will send a copy to the SO and they will either accpet it or as the court for a hearing where you will need to attend to confirm you income etc

[jenny00star]

Hi again.

 

That's brilliant - thanks.

 

I'm actually writing to all concerned (SO, Sheriff Court, Council) anyway prior to sending this off as I was contacting the Council (about the CTax) for a year when we moved in but they ignored me. We're due a rebate for loss of use of a room.

 

Also was querying amount of benefit awarded.

 

My problem is that I want these enquiries dealt with before this matter moves on - which I guess is my fault as they clearly expected me to keep banging my head off a brick wall to no avail indefinitely, and I frankly lost all motivation to keep trying to force them to do their job & actually answer my questions.

 

My mood over this isn't helped by the fact the SO who came to the house initially to serve the "Charge for Payment of Money" was a Gene Hunt wannabe (have you seen Ashes to Ashes??) who attempted to threaten & intimidate me. Had my partner not appeared at the back of me & literally told him to back off, I would've phoned the police. I mean, I'm no shrinking violet but still. What a plonker.

 

Oh yeah, and they've put the wrong employer on the arrestment. The Council have all the right details so I'm guessing some numpty at the SO's has misspelled the company name and just picked the first one from Companies House's list.

 

Scott & Co - surprise surprise. Stupid & Co more like.

[IdaInFife]

just remember you have 14 days from the date of the charge for payment.

 

nothing you stopping you do both as this will reduce the overall amount anyway

[jenny00star]

Ah, I didn't think I could serve the time to pay if I was querying the arrestment. But I'll do both.

 

Thanks a lot for your help - it's really appreciated.

x

[Shrike]

I am keeping this totally anonymous.

If a person lives in Scotland and has a debt with an English bank which of the above two statutes applies?

I am sure this question has been clarified somewhere on this site but I cannot find any reference anywhere.

I assume it is the residence of the debtor which determines the right Act but would like some confirmation

[BankFodder]

I would begin by looking at the contract. You will probably find that it refers to the governing law somewhere towards the end.

 

After that I would want to look at where the contract was made.

[Shrike]

That is part of the problem. A copy of the contract is not available because it is unenforceable because they have not provided the requested copy under s78. It is now coming up to four years since any acknowledgment which is why I was asking. Mainly out of curiosity. It may well be irrelevant due to the unenforcability status anyway.

[IdaInFife]

If it a consumer and not business debt then the prescription act applied after residing in Scotland a min of 3 month

[Shrike]

Yes it is a personal debt, so thanks for that.

[jenny00star]

Hi there. Your contract would likely state that the contract is governed by English Law (if this is where the company is based)..... that said there are ways in which this doesn't apply, from personal experience.

- If anyone visits your property, in Scotland this is illegal without prior appointment (unless the visitor is a Sheriff's Officer).

- You can argue that the terms of the Prescription & Limitation (Scotland) Act 1973 apply as you are resident in Scotland & if the company bothers to acknowledge it they can only state 'the contract states English Law applies' - which brings you back to the unenforceable nature of the debt in the absence of a copy of the Contract as requested under s.78. They may argue that their T&C's are 'standard' so this statement applies. It may do, but as they are unable to provide you with the legally required copy they shoot themselves in the foot.

 

Hope this makes sense.

 

I had a lot of success with clearing my credit record 10 years ago of my youthful stupidities that never came asking for money, or indeed were paid but left on my credit record longer than is allowed.

Good luck!

[bluedogx]

Refer to Ida s post above. No matter whether the terms state the contract is under English law or not. If you are resident in Scotland then the prescriptions and limitations act applies to you

 

B