Rules on Statute Barred in Scotland.

[kannon]

Hello. First post here.

 

I have an old debt, which I estimate at being over 8yrs old from an old BOS Credit card (nearly £2k), and have just recently got a letter from 1st credit about the debt. Before I knew about the Scottish statute barred rule I started payments to this debt.

 

The question is.. The law in Scotland states, after 5 yrs the debt doesn't exist anymore, so have I restarted the time clock by making a payment AFTER the 5yrs? I know the english law is different, but can't find any information about this scenario.

 

Thanks

[wilipwoy]

Yes Sir !

[make them aktiv runners]

No. Once barred by the Act then any further payments cannot restart the clock. PM Rory32

[kannon]

Ok pm'd Rory32.. awaiting reply.

 

Gratz on a fantastic site btw!:grin:

[rory32]

As previously stated once the debt has become statute barred after 5 years the debt can not be unstatute barred. The statute in Scotland that relates to this is The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6. This section of the Act states:

 

"If after an appropriate date, an obligation (an appropriate debt) 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 will be extinguished..."

[kannon]

The replies are so quick here... amazing! thanks rory32

 

Well I think that may be good news.

Should I phone them and query them about the dates and such, or should it be done in writing?

[rory32]

In writing. Everything must be in writing - phone calls can be denied.

[kannon]

Ok, Thanks again for the help. :grin:

 

I'll follow up with more info.

[rory32]

It is also a good idea to send letters by recorded delivery. That way you have proof of delivery.

[kannon]

Oh and one other thing... I've kind of took this for granted, I live in Scotland and got the credit card with the Bank of Scotland, so it's Scottish law I should be following?

[rory32]

Yes.