Statute barred Scotland

[belcam]

I have a debt for which Aktiv Kapital are chasing me...I was foolish enough to write to them twice in 2008 and 2009 so I have acknowledged the debt presumably. This debt goes back to 2003-2004 I think but I am not sure when my last payment or default date was. As my first written contact was in Sept 2008 and I am in Scotland, it is possible that it was defaulted pre Sept 2003 which I believe would make it statute barred. My problem is finding out when I last made a payment or finding out the default date. I have an old Experian report from Sept 2009 which does not show this debt (Of course, it may have been on the 2 other CRA's) so going by that, taking the 6 year period on a report, this debt may have defaulted Sept 2003 or earlier. How do I find out when it defaulted and if it did default in 2003 and became statute barred, would this make it unenforceable even though I acknowledged it in Sept 2008? In 2009 they offered a half price discount and have not contacted me since then although I have moved since then.

[Bill-K]

Re: Statute barred Scotland

It may depend on exactly what you said in those 2 letters, as to whether they can be considered as acknowledgement of the debt or not. It may also be that the small print in the agreement states that English law applies, in which case, this may mean 6 years - as opposed to the Scottish 5. Hopefully, some clearer advice will appear for you later, belcam.

[Guest]

Re: Statute barred Scotland

It may depend on exactly what you said in those 2 letters, as to whether they can be considered as acknowledgement of the debt or not. It may also be that the small print in the agreement states that English law applies, in which case, this may mean 6 years - as opposed to the Scottish 5. Hopefully, some clearer advice will appear for you later, belcam.

Hi
I think initially the best thing to do is write to them and say that you consider the debt to be SB, it is after all for them to show that it isnt.

See what they come back with by means of proof to the contrary and take it from there.

As said depends very much on how you worded your letters as to whether you could be considered to have acknowledged the debt.

Peter

[belcam]

Re: Statute barred Scotland

Hi
I think initially the best thing to do is write to them and say that you consider the debt to be SB, it is after all for them to show that it isnt.

See what they come back with by means of proof to the contrary and take it from there.

As said depends very much on how you worded your letters as to whether you could be considered to have acknowledged the debt.

Peter

I wrote, rather stupidly now with hindsight, that I was unemployed and had no assets, so I think I can say that I acknowleged it. My only worry about making first contact as you suggest is that they wake up to it because they have not been in touch for over two years...would I be better waiting for them to make contact? The debt is for a Morgan Stanley credit card which then became a Goldfish debt.

[evilhamster]

Re: Statute barred Scotland

if it was me i would wait and see if they remember about it before 2014 when it would become stat bared again if its not already

[CleverClogs]

Re: Statute barred Scotland

This is not the first time that Aktiv Krapital have been known to chase SB debts in Scotland. They tried this with a subscriber to Money
Sponging Experts only last year; in that case, they had averred that the debt could not be SB as it was only five years and six months old.

That was until some kind soul referred the alleged debtor to section 6 (link) and schedule 1 (link) of the Prescription and Limitation (Scotland) Act 1973. Aktiv Krapital soon backed down after that.

It matters little whether Scots Law says that the debt has been extinguished after five years with neither payment nor written acknowledgement, or just the obligation to pay the debt has been extinguished, as the result is the same - they canna do a damn thing about it. Tell them to go bile their heids and serve em up as neeps.