Statute Barred Limitations Scotland

[Ruby]

Can anyone tell me if last payment/acknowledgement of a debt was 25th September 2009 and a writ/summons was lodged on 28th August 2014 in local sheriff court, was that within the time frame allowed or was the debt already statute barred?

I year is January to December, not January to January......

[Diana M]

Re: Statute Barred Limitations Scotland

Can anyone tell me if last payment/acknowledgement of a debt was 25th September 2009 and a writ/summons was lodged on 28th August 2014 in local sheriff court, was that within the time frame allowed or was the debt already statute barred?

What actually happened on the 25th September 2009?

Was it a successful payment from you to the creditor or a Direct Debit rejected by your bank (so not a payment) or a bounced cheque (not a payment) etc?

Or do you believe you may have acknowledge the debt in some way (after payments ceased) and if so how?

Was this a loan, credit card, bank account or something else?

Since the SB date runs five years from the 'cause of action' you need to establish exactly when that was since it appears the Writ was served 4 years and 11 months after the date you've referred to.

I assume those legal proceedings reached a conclusion or are they still live albeit three years later?

Di

[Ruby]

Re: Statute Barred Limitations Scotland

Hi, the case is sisted. I have other posts on the forum relating to this situation.

[Diana M]

Re: Statute Barred Limitations Scotland

Hi, the case is sisted. I have other posts on the forum relating to this situation.

Why is it sisted (for over three years!)?

Perhaps post a link to your other thread on this claim and then @ScottishSolicitor may be able to comment on your next steps.

Di

[ScottishSolicitor]

Re: Statute Barred Limitations Scotland

If you made a valid payment on 25th September 2009 and court papers were properly served on you on 28th August 2014 then it will just be within the 5 years before it would have been time barred