statute barred in scotland

[lettie33]

hi im needing advice on the only bad debt on my credit file

its small debt of 400 which is defaulted and has been brought by lowells ,now im aware of it being staus barred after 5 yrs as in in scotland ,that 5 yrs is in nov ,thing is my credit file is great at moment apart from that debt

what im asking should i make it status barred in nov or leave it other year and let it fall of my file?

if i do status barred does it stay on my file until 6 yrs are up which is nov 2016

[havinastella]

If you are in Scotland the debt will be gone after 5yrs. So should fall off your file.

[sequenci]

It stays on the credit file for six - even in Scotland

[havinastella]

It stays on the credit file for six - even in Scotland

 

Thanks

[lettie33]

any advice what i should do?

thanks

[maroondevo52]

If you have not acknowledged the debt in a 5 year period it will be Statute Barred, in Scotland the debt will then no longer exist, although debt collectors can still ask you for payment until you tell them you will not be paying it.

 

There is a template letter in the cag library for this but only send it if you are sure it,s Statute Barred.

 

As has been said the default will stay on your file for 6 years.

[janis6670]

If you have not acknowledged the debt in a 5 year period it will be Statute Barred, in Scotland the debt will then no longer exist, although debt collectors can still ask you for payment until you tell them you will not be paying it.

 

There is a template letter in the cag library for this but only send it if you are sure it,s Statute Barred.

 

As has been said the default will stay on your file for 6 years.

what happens if you send the letter and the debt is not statute barred?

[dx100uk]

it acks the debt.

 

pers i'd sit on this for a while unless you get any court docs.

 

dx

[BRIGADIER2JCS]

what happens if you send the letter and the debt is not statute barred?

Nothing the properly drafted letter does not acknowledge liability for the debt.

[cynic09]

There's a huge difference in Scots Law. One cannot merely be unable to bring an action in court as prescribed by the limitations act in England.

In Scots law" the obligation shall be extinguished"

Occurs to me that reporting a debt as in default when it is extinguished violates the requirement under the data protection act of data to be accurate.

Haven't been able to find any case law to either support or dismiss this argument, perhaps wiser people than I may be aware of such

[BRIGADIER2JCS]

There's a huge difference in Scots Law. One cannot merely be unable to bring an action in court as prescribed by the limitations act in England.

In Scots law" the obligation shall be extinguished"

Occurs to me that reporting a debt as in default when it is extinguished violates the requirement under the data protection act of data to be accurate.

Haven't been able to find any case law to either support or dismiss this argument, perhaps wiser people than I may be aware of such

 

 

Reporting "historic" data as it would be in this case would not be inaccurate the default occurred and the report of this remains on credit files for 6 years SB, paid or not paid.