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Rules on Statute Barred in Scotland.

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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

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Ok pm'd Rory32.. awaiting reply.

 

Gratz on a fantastic site btw!:grin:

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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..."


HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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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?

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


HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Ok, Thanks again for the help. :grin:

 

I'll follow up with more info.

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


HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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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?

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Yes.


HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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