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Scottish Simple Procedure / Time Barred?

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  • Scottish Simple Procedure / Time Barred?

    Hi, can someone enlighten me on time barring in Scotland, I'm getting conflicting information.

    Currently challenging credit card debt that defaulted Sep 2014 ... case first called in May 2019.

    Does the fact that proceedings were issued in March 2019 negate the time bar I.e. September 2019?

    Many thanks if someone can fill me in with the, what seems to be, prescription law in Scotland as it stands.
    Tags: None

  • #2
    Was a default notice served in Sep 14? If then or later then unlikely to have timebarred. You may well have a number of other defences however....who is suing?

    Comment


    • #3
      Hi Sottishsolicitor, sorry, just picked up ur comment.

      Yes, they say a default notice was served on Sep 14.

      Shoesmith/Arrow are suing.

      Shoosmiths are dragging their feet about sending docs.

      Wondering if I should ask Sheriff at next case management to go straight to proof? ... I.e. if they dont have the required docs then a dismissal?

      Any help appreciated, cheers

      Comment


      • #4
        Originally posted by ScottishSolicitor View Post
        Was a default notice served in Sep 14? If then or later then unlikely to have timebarred. You may well have a number of other defences however....who is suing?
        Hi, sorry, just picked this up.

        Yes, they say default notice was Sep 14.

        Shoesmith/ Arrow are suing.

        Shoesmith dragging feet on documents.

        Wondering on asking sheriff at next case management meeting to go straight to proof.?

        Any help appreciated. Cheers

        Comment


        • #5
          Send me a private message and I should be able to be of assistance

          Comment

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