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Debt statute barred time limit

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  • Debt statute barred time limit

    Hi

    I was looking for some advice on the time limit for a debt to be statute barred that was originally taken out in England with me subsequently moving to Scotland.

    I’m confused as to whether it would be six years because it was initiated in England or if it would be five as i now live in Scotland.

    Thanks
    Tags: None

  • #2

    Enforcement of an English judgment in Scotland is possible only after that judgment has been registered formally in Scotland. The document which we require to register is a Certificate of Judgment issued in terms of Section 18 of, and Schedule 6 to, the Civil Jurisdiction and Judgments Act 1982

    ​​​​​​Can English debt be chased in Scotland?
    How long can a debt be chased in Scotland? ... The timescale for a debt regulated by the Consumer Credit Act to be 'prescribed' in Scotland is generally five years. When a debt is prescribed it ceases to exist. Creditors cannot chase you for the money owed.
    Last edited by MIKE770; 8th March 2022, 07:29:AM.

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    • #3
      Thanks for the quick reply.

      So if a judgement was obtained in England after 5 years and they tried to enforce it in Scotland, I could argue it is statute barred?

      Comment

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