Re: Scotland, Defaults and Decrees

savagej

Hi

Has anyone living in Scotland tried to have a default or decree removed after 5 years rather than 6 because in Scotland the time bar is 5 years. I was thinking under the Data Protection Act they have to keep only relevant information and after 5 years it is no longer relevant.

I found the exact piece of legistation, it is in Prescription and Limitation (Scotland) Act 1973 (c. 52) and the link is http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1973/cukpga_19730052_en_2#pt1-pb2-l1g6

I wask considering writing to the CRA and if they refuse asking the Information Commissioner in Scotland if they can do anything.

GeorgeUK

Never thought of that, but you may have a point. Came across this.
http://66.102.9.104/search?q=cache:9iKyuIu4ZRgJ:www.publications.parliament.uk/pa/cm200607/cmhansrd/cm070130/text/70130w0006.htm+%22credit+reference+agencies%22+legislation&hl=en&ct=clnk&cd=2&gl=uk
(look for the coloured text)

Do you know if there is legislation governing CRA's, or have they just applied a 6 year limit across the board?

savagej

Interesting, so if they base it on the Limitations Act, why not 5 years under the Scottish Act.

I think I will give it a go.

I found out though it will only apply to defaults as they have 20 years to collect the money after a decreee has been granted.