Writ/Summons V Decree

[Ruby]

Can anyone tell me the 'legal' difference between a Writ/Summons v a Decree?

[ScottishSolicitor]

Re: Writ/Summons V Decree

In Scotland a writ or summons is the document that raises a court action. A decree is the final decision or judgment of the court.

[Ruby]

Re: Writ/Summons V Decree

• the creditor has not already obtained a decree (a court order for payment) against you; and
• you or anyone else owing the money (on a debt in joint names) have not made a payment on the debt during the last five years; and
• you have not written to the creditor admitting you owe the debt during the last five years

Is there anything else that needs to be added to the above for a credit card debt in Scotland to be statute barred?

Last payment made/acknowledge was in September 2009. We received a writ/summons through the post on 2nd September 2014. Nolans are claiming that because they submitted the writ to the court by the 1st of September the debt is NOT statute barred.

[Ruby]

Re: Writ/Summons V Decree

There seems to potentially be a 'grey' area whether it is enough for a solicitor to raise action in a form of a writ/summons or a decree has to be granted in court within the prescribed period of 5 years in Scotland. This is relating to a credit card debt in particular.

In post 3 I mention the guidelines from the National Debtline. However reading the Prescription Act of 1973 is seems to be a little more ambiguous.

Quoting from the Prescription and Limitation (Scotland) 1973 Act:-

"Notwithstanding anything in the foregoing paragraph, section 6 of this Act does not apply—S

(a)

to any obligation to recognise or obtemper a decree of court, an arbitration award or an order of a tribunal or authority exercising jurisdiction under any enactment;

(b)

to any obligation arising from the issue of a bank note;"

[ScottishSolicitor]

Re: Writ/Summons V Decree

Service of a writ/summons will prevent timebar assuming it is done on time of course

[Ruby]

Re: Writ/Summons V Decree

The Writ/Summons was was received on 2nd September 2009. Last payment/acknowledgement on the account was 28th September 2009.

Talk about pressing the 'panic button' lol. They only had five years to do so ......

[Ruby]

Re: Writ/Summons V Decree

Just checked with the sherrif office the Writ/Summons is dated 28th August 2009!!! The last payment/acknowledgement of debt was 27th September 2009. No further acknowledgement was made until October 2014.

[Ruby]

Re: Writ/Summons V Decree

Thanks to @ScottishSolicitor and @Amethyst for your help and input, much appreciated! I think I have got it

Will keep you posted