Statute Barred question

[Animalistic]

Hi everyone,


I recently had 2 old defaults drop off my credit file (checked both experian & equifax) but I'm still receiving the odd letter from DCAs - Lowells/scotcall.
I am about to send the statute barredtemplate letter but I'm unsure as to which country's law to quote. I now live in Scotland but the debts were taken out in Northern Ireland.
Can anyone help?


Thanks,
Ani

[Celestine]

Re: Statute Barred question

If you've lived in Scotland for more than 6 months then Scottish law applies to your debts.

Even though the defaults have dropped off your credit file, the limitation period commences from when you made either a/ a payment toward the debt or b/ a written acknowledgement of the debt.

Also, even though the debts are SB, the DCA's will continue to pester you, so good luck with your letter. :beagle:

[CleverClogs]

Re: Statute Barred question

Also, even though the debts are SB, Lowells may still insist on adding to my income by sending you a Statutory Demand which will be easy to get set aside.

IFTPFY :rofl:

[confuciused]

Re: Statute Barred question

If you've lived in Scotland for more than 6 months then Scottish law applies to your debts.

Even though the defaults have dropped off your credit file, the limitation period commences from when you made either a/ a payment toward the debt or b/ a written acknowledgement o
Also, even though the debts are SB, the DCA's will continue to pester you, so good luck with your letter. :beagle:

where is the 6 months found in statute? I thought 3 months was sufficient?

[charitynjw]

Re: Statute Barred question

I thought in Scottishland law, the debt ceased to exist after 5 years (as opposed to being merely SB after 6 years down here in England)?

[shell]

Re: Statute Barred question

Under Scottish law the debt ceases to exist after 5 years. So the debt is dead, there is nothing the creditor can do. Finished, finito, end of. They will try their luck with letters, just ignore them. If you must send them a letter, just tell them you would like them to take you to court so that they can explain to the judge why they are chasing you for a statute barred debt. That usually gets them out of your hair as they know they haven't a leg to stand on.