English Debt living in Scotland

[Geordie911]

Help needed PLEASE

 

Can a debt collection agency from England enforce an English debt in Scotland.

 

I moved from England to Scotland owing in the region of £40,000 from credit cards and bank loans. theses were all getting paid when I was working but due to ill health they haven't been for two years.

 

I am now in receipt of ESA & DLA I cant work any more now im being slowly been chased for debt which i left behind, maybe it was wrong but I was pestered so much it was making me ill and putting a strain on my marriage.

 

T wrote to all creditors when in England but got no joy from them, did all the CCA letters etc etc. so i left and moved to Scotland where i have been happy and been stress free for two years until now........

 

1. What I need to know can they enforce this debt

 

2. If I was to go down the LILA route would my car be taken from me valued at around £3000, I live in a rural area of Scotland and need my car for hospital appointments I have a limited mobility and not able to walk without severe pain,if this was taken from me I would be virtually tired down to my home.

 

Thanks for all help given

[dx100uk]

you sound exactly like me!!

 

you do realise DCA's are illegal in Scotland - fullstop!!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?194103-Doorstep-Collections-in-Scotland

 

dx

[sequenci]

you sound exactly like me!!

 

you do realise DCA's are illegal in Scotland - fullstop!!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?194103-Doorstep-Collections-in-Scotland

 

dx

 

Not sure that's quite correct squire.

[dx100uk]

t was one of the siteteam that alerted us to it that quote.

 

interesting yes.

 

i've had 3 dca's doorstep me for southern debts and two have actually admitted they

should not be doing doorstepping at all in scotland.

 

but ths was before the wiki link was 'found' ot used it myself

 

i suppose at the end of the day it make little odds.

 

no dca or doorstepper has any legal powers wherever they are anyhow.

 

so .............

 

dx

[dx100uk]

i think it might be an idea to get your CRA file

 

lets see who owns what and what shows etc et

 

dx

[maroondevo52]

They would need to sue you through your local Sheriff Court, there's a link here to have a look at.....................

 

http://www.govanlc.com/suedinengland.htm

[IdaInFife]

Yes the can enforce an debt occurs in England in Scotland but as Maroon has said they would have to raise the action in your local sheriff court.

 

regarding you car - there is no deffinate answer as these are all individually based, most likely at that amount but do you have a blue badge and is the card registered as disable exemption for road tax? as this may help the case

[IdaInFife]

Not sure that's quite correct squire.

 

Just to clarify that the law of Trespass in Scotland is so hard to invoke that it has only ever been used only a handful of times(many many years ago). And it would only imply of damage was caused. The act was sort of superceeded by The Scottish Land Reform 2003 and Outdoor Access Code 2004

 

So theoretically the doorstep letter has no use to us up here but don't tell the DCA's as they don't know.

[Bang!]

English consumer style debts (not just CCA) can be chased in Scotland if the debtor moves there. For smaller debts its the Sheriff Ct, and larger were "Ordinary Cause".

 

Interestingly, on the paperwork sent when an action is raised in normally states the person has lived at their address for six months, yet I have never found which statute this requirement arrives from.

 

Its also worth being wary of an "arrestment on the dependence", which is effectively granted when court papers are submitted, thereby permitting the pursuer to arrest bank accounts prior to the proof. (The bank company and account owner are all that is required for this, and it freezes all accounts at that bank. It has a low cost, and in the past (with few main banks) it was viable to arrest at all banks fishing for actual accounts (although there is nothing returned to say if an account is present - but any present will be arrested). It cannot be used on wages, although can be once paid into a bank.

 

As for DCAs not being permitted to doorstep, in all the years I was a CAB volunteer/manager this was never mentioned as unlawful. Trespass in a person on land sense in Scotland is massively weaker than in England, and there is close to universal access to land, further broadened a few years ago when access (intended for the likes of hill walking and rambling) was protected by statute.

 

Your English debts become statue barred a year earlier in Scotland at five years after the last payment or written acknowledgement of the debt.

 

Out of curiosity, from this, how long can you be chased for, and are your creditors aware of your new address?

Edited June 23, 2012 by Bang!

[Geordie911]

Firstly thanks to ALL replies thank you...

 

Hi IdaInFife

 

Yes I am Tax Exempt and yes I do have blue badge.

[Geordie911]

Hi maroondevo52

 

Thanks

 

They would need to sue you through your local Sheriff Court, there's a link here to have a look at.....................

 

http://www.govanlc.com/suedinengland.htm

[Geordie911]

Firstly thanks to ALL replies thank you...

 

Hi IdaInFife

 

Yes I am Tax Exempt and yes I do have blue badge.

 

Yes the can enforce an debt occurs in England in Scotland but as Maroon has said they would have to raise the action in your local sheriff court.

 

regarding you car - there is no deffinate answer as these are all individually based, most likely at that amount but do you have a blue badge and is the card registered as disable exemption for road tax? as this may help the case

[Geordie911]

Hi chased for three years in Scotland for two been found by one out of seven..

 

English consumer style debts (not just CCA) can be chased in Scotland if the debtor moves there. For smaller debts its the Sheriff Ct, and larger were "Ordinary Cause".

 

Interestingly, on the paperwork sent when an action is raised in normally states the person has lived at their address for six months, yet I have never found which statute this requirement arrives from.

 

Its also worth being wary of an "arrestment on the dependence", which is effectively granted when court papers are submitted, thereby permitting the pursuer to arrest bank accounts prior to the proof. (The bank company and account owner are all that is required for this, and it freezes all accounts at that bank. It has a low cost, and in the past (with few main banks) it was viable to arrest at all banks fishing for actual accounts (although there is nothing returned to say if an account is present - but any present will be arrested). It cannot be used on wages, although can be once paid into a bank.

 

As for DCAs not being permitted to doorstep, in all the years I was a CAB volunteer/manager this was never mentioned as unlawful. Trespass in a person on land sense in Scotland is massively weaker than in England, and there is close to universal access to land, further broadened a few years ago when access (intended for the likes of hill walking and rambling) was protected by statute.

 

Your English debts become statue barred a year earlier in Scotland at five years after the last payment or written acknowledgement of the debt.

 

Out of curiosity, from this, how long can you be chased for, and are your creditors aware of your new address?

[dx100uk]

English consumer style debts (not just CCA) can be chased in Scotland if the debtor moves there. For smaller debts its the Sheriff Ct, and larger were "Ordinary Cause".

 

Interestingly, on the paperwork sent when an action is raised in normally states the person has lived at their address for six months, yet I have never found which statute this requirement arrives from.

 

Its also worth being wary of an "arrestment on the dependence", which is effectively granted when court papers are submitted, thereby permitting the pursuer to arrest bank accounts prior to the proof. (The bank company and account owner are all that is required for this, and it freezes all accounts at that bank. It has a low cost, and in the past (with few main banks) it was viable to arrest at all banks fishing for actual accounts (although there is nothing returned to say if an account is present - but any present will be arrested). It cannot be used on wages, although can be once paid into a bank.

 

As for DCAs not being permitted to doorstep, in all the years I was a CAB volunteer/manager this was never mentioned as unlawful. Trespass in a person on land sense in Scotland is massively weaker than in England, and there is close to universal access to land, further broadened a few years ago when access (intended for the likes of hill walking and rambling) was protected by statute.

 

Your English debts become statue barred a year earlier in Scotland at five years after the last payment or written acknowledgement of the debt.

 

Out of curiosity, from this, how long can you be chased for, and are your creditors aware of your new address?

 

for how long

do you need to be living in scotland BEFORE a southern debt is 5yrs not 6yrs for SB?

[Bang!]

for how long

do you need to be living in scotland BEFORE a southern debt is 5yrs not 6yrs for SB?

 

I must admit I had wondered that myself, and having looked could find no reference. Initially I made a guess at 6 months, as that is the time mentioned in all the court papers, but as I said above, I have no idea from where that came other than the paperwork (which I no longer see).

 

However, the criteria for raising action in a consumer contract states it must be in the jurisdiction of the consumer. So once moving to Scotland, the jurisdiction would become Scotland, and with there being not only a differing SB period, the status after that period differs also (in Scotland the debt has gone entirely, against the southern version of its no longer being permitted to be brought to court, but still exists).

 

So from consumer contract acts/regulations, I would suspect it could be as soon as you use a Scottish address.

 

The idea had crossed my mind the next time I had an unlet flat, to let anyone who wished use it to take a year off their SB period.

 

The other one I wondered about too, was if someone came to Scotland and passed their 5 years, then went back south of the wall, would that then mean they could be chased again (given in Scots Law the debt entirely expired).

[dx100uk]

although thinking about it

my question was a bit silly

 

atleast 5yrs!! i suppose!

 

dx

[StalkedbyTroll]

Sorry to jump in here,

my interest was peaked at the heading of a debt moving from England to Scotland

because I incurred joint debt while living in Scotland and moved to England 5 years ago

so have found myself in a reverse roll situation.

I don't have a clue where to start looking for help or advice with this

and I am close to feeling I am headed for a nervous breakdown.

I am a new member of this site as from this evening

and I feel quite desperate to make this hijack so I am also sorry I have I don't mean to be rude.

 

Thanks Folksv

[dx100uk]

1st check your CRA file

 

see below ..noddle is free

 

dx

[LostAtSea]

The Civil Jurisdiction and Judgements Act 1982 contains the rules of jurisdiction for Scotland, the UK and Europe, as they exist in Scots law.

 

An individual is domiciled in the place where he resides and with which he has a substantial connection. If he has been resident there for at least 3 months before the action is raised, it will be presumed that he is resident there.

[maroondevo52]

The Civil Jurisdiction and Judgements Act 1982 contains the rules of jurisdiction for Scotland, the UK and Europe, as they exist in Scots law.

 

An individual is domiciled in the place where he resides and with which he has a substantial connection. If he has been resident there for at least 3 months before the action is raised, it will be presumed that he is resident there.