Advice needed - Walker Love

[scotinusa]

Hi everyone, hoping someone can help me with some advice.

I currently reside in the USA but I am from Scotland. Have been here in the USA for 18 months.

My old home in Scotland is currently occupied by a family member, who contacted me to say a letter had arrived from Walker Love. He is posting it out to me, so I will be able to give you a better update soon on what it contains.

I think it may be for one of 2 debts, one of which was originally pursued by Lowells (I read on here somewhere that Lowells sometimes work with Walker Love?)

The first debt defaulted 04.10.2013 (£2k) and the second one defaulted 01.11.2102 (£4k). Am I correct in thinking that both of these are Statute Barred under Scots Law (which is 5 years)?

Also, how does it work with me living abroad? Can they continue to pursue it?

Once I receive the letter, shall I write to them to inform them of the 5 years? And the change of address? Or just ignore it? Would rather contact them obviously!

I checked the Walker Love website and they list international debt chasing as one of their services....is this possible?

Any guidance would be greatly appreciated.

[jaguarsuk]

1. The first debt defaulted 04.10.2013 (£2k) and the second one defaulted 01.11.2102 (£4k). Am I correct in thinking that both of these are Statute Barred under Scots Law (which is 5 years)?

2. Also, how does it work with me living abroad? Can they continue to pursue it?

3. Once I receive the letter, shall I write to them to inform them of the 5 years? And the change of address? Or just ignore it? Would rather contact them obviously!

4. I checked the Walker Love website and they list international debt chasing as one of their services....is this possible?

1. Yes if the debts defaulted and no payment has been made since then 5 years from the default date the debt becomes stat bared.

2. They'll try, but the would have to start a simple procedure in Scotland and then try to enforce in the US. Costly and by all means not a certainty. If they do file contest jurisdiction as you no longer reside in the UK.

3. Write back, tell them it's stat barred and that you no longer reside in the UK, therefore are not subject to UK Law and therefore it's pointless them entering into a simple procedure. (last bit is a bit of a bluff in the hope it makes them bugger off)

4. Yes it is certainly within the EU, but I wouldn't know about the US and would tend towards them having little hope of enforcing a Money Judgement obtained in Scotland there.

[ScottishSolicitor]

In terms of the debts being statute barred, do you know when you made payments on either debt and what is the nature of the debts?

[scotinusa]

Thanks for the replies.

Both debts are for credit cards and I haven’t paid anything towards either of them in over 5 years.

[ScottishSolicitor]

Thanks for the replies.

Both debts are for credit cards and I haven’t paid anything towards either of them in over 5 years.

I think the 2nd debt will be time barred then but they may argue that the 1st isn't be the date of default. I am aware that there is currently a case under appeal to determine whether the default date or payment date is when the 5 years timebar starts from.

[scotinusa]

The 1st becomes 5 years since default on 4th October this year. Given that I’m abroad and not in any rush to respond, then could I effectively wait until then before I contact them?

[scotinusa]

Should also say that these default dates are from my credit report.....I’m aware that this may not be completely accurate?

[ScottishSolicitor]

It would be interesting to see what the letter says when you get it

[scotinusa]

Got the letter...as expected they are chasing an old debt, the one i mentioned above for 4K

[Amethyst]

The one that defaulted November 2012 ? and no payments were made since default ?

[scotinusa]

Yes, that’s the one. I emailed them, detailing the statute of limitations and also that I no longer live in the UK.

They’ve emailed back to claim I made a payment in 2015 (which I haven’t) so I have asked for proof of this payment.

[Amethyst]

Good - the onus of proof is on them to show it isn't out of time. WHile you wait for response it is worth just getting hold of your bank statement from the date they say the payment was made to be sure ( and evidence that it wasn't).

[scotinusa]

I have 2 UK bank accounts, one wasn’t opened until 2016 and the payment doesn’t appear on the other accounts statement.

so, I’ll wait and see what they come back with and

[ScottishSolicitor]

It will be interesting to hear the response!

[scotinusa]

I should also say that the email totally ignored my request to update my address as I no longer live in Scotland.