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Being chased for debt.

OK, my hubby has just recieved a letter from a debt collection agency for a debt going back to 2003. I know the statute of limitations in England is 6 years but what is it in Scotland? I've heard it's 5 years???
Also how does the statute work if the debt was accrued in England but the person owing it now lives in Scotland? Is it the 6 years or the 5?

Thanks guys
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Comments

  • Crazy_Jamie
    Crazy_Jamie Posts: 2,246 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Unfortunately the limitation period is determined by the law under which the original contract was made. So if the debt was accrued in England under English contract law (I assume) then the English limitation period of six years applies.

    Is this debt definitely valid? As in does your husband definitely and legitimately owe the money? You'd be surprised how massively inaccurate debt collection companies can be.
    "MIND IF I USE YOUR PHONE? IF WORD GETS OUT THAT
    I'M MISSING FIVE HUNDRED GIRLS WILL KILL THEMSELVES."
  • GeorgeUK
    GeorgeUK Posts: 7,737 Forumite
    The debt is statute barred if no payments have been made towards it and no written acknowledgement of the debt has occurred for 6 years (5 in Scotland). If the debt is for a 'contract underseal', such as a mortgage or some student loan debts, then it may be longer.

    The T&C will state what law governs the debt, but if it was taken out when in England, then i'm pretty sure it will be English law and 6 years.

    If he does not acknowledge the debt until 6 years have passed or if the debt is unenforcable, that may also be worth looking at.
    After falling off the gambling wagon (twice): £33,600 (24,000+ 9,600) - Original CC Debt: £7,885.91

    Dad Gift 6k ¦ Savings & Inv Tst: £2,500
    Loan 10k: £0 ¦ Dad 5.5k: £2,270 ¦ LTSB: £0 ¦ RBS: £0 ¦ Virgin £0 ¦ Egg £0

    Total Owed: £2,270 (+6k) 11/08/2011
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    baileywoos wrote: »
    OK, my hubby has just recieved a letter from a debt collection agency for a debt going back to 2003. I know the statute of limitations in England is 6 years but what is it in Scotland? I've heard it's 5 years???
    Also how does the statute work if the debt was accrued in England but the person owing it now lives in Scotland? Is it the 6 years or the 5?

    Thanks guys

    Limitation period in Scotland is FIVE years from date of either last payment, or written acknowledgement:

    http://www.nationaldebtline.co.uk/scotland/factsheet.php?page=23_prescription_and_limitation_act

    If the 'debt' was accrued in England, then it is most likely covered by the England/Wales Limitation Act and will be 6 years.
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • Thanks for the reply so quick.
    Yes, we know he owes the debt as he rang them. Does this mean he has accepted responsiblity for the debt or would that have to be in writing?
    As much as we'd love to be in a position to pay off this debt we're just not, however it appears that it is probably just under 6 years old.

    Any ideas how we should go about contacting the agency in writing and requesting the info without saying we acknowledge the debt?
  • Crazy_Jamie
    Crazy_Jamie Posts: 2,246 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    baileywoos wrote: »
    Thanks for the reply so quick.
    Yes, we know he owes the debt as he rang them. Does this mean he has accepted responsiblity for the debt or would that have to be in writing?
    As much as we'd love to be in a position to pay off this debt we're just not, however it appears that it is probably just under 6 years old.
    Debt collection agencies are always looking for the easiest way to get the money, and regardless of the aggressive nature of the letters that they send, legal action is their very last resort, as it is time consuming and costly. This whole 'we will commence legal action if we do not receive the full amount in seven days' is always a bluff unless they are right on limitation. If it is determined that you do owe the debt, nearly all debt collection agencies will be willing to organise some kind of payment plan. Why? Because the alternatives are not in their interests- if you go bankrupt they won't get their money, and if they sue it will take up more money and time than they are willing to spend on you.
    baileywoos wrote:
    Any ideas how we should go about contacting the agency in writing and requesting the info without saying we acknowledge the debt?
    Easy. Just write to them specifically stating that you do not acknowledge that you owe the debt, and that you will require proof of the full debt claimed. Realistically if they were to sue you they would have to provide that information anyway.
    "MIND IF I USE YOUR PHONE? IF WORD GETS OUT THAT
    I'M MISSING FIVE HUNDRED GIRLS WILL KILL THEMSELVES."
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    baileywoos wrote: »
    Yes, we know he owes the debt as he rang them. Does this mean he has accepted responsiblity for the debt or would that have to be in writing?

    'Acknowledgement' of the debt would need to be in writing - the phone call would NOT count in law.

    He can start by requesting a copy of his consumer credit agreement and account details. Unless the dca can provide this documentation within 12 working days of his request, then that dca can not enforce the 'alleged debt' without seeking permission from the Courts (who would ALSO need to know why they had not supplied a compliant cca within the legally prescribed time period, and could judge the agreement to e irrideemably unenforceable):

    http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=getting_a_copy_of_your_credit_agreement_and_account_details

    Send the 'template letter' together with a £1.00 Postal Order (NO CHEQUES) to the dca concerned. Do NOT use your normal signature on the letter - just print your name.
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • Thank you again.

    I have another problem now. I've just opened my mail and it appears I have a lovely letter also from a collection agency. They are saying they are looking for me and have been given this address as a possibility. 2 letters in as many days - these companies must be desperately trying to enforce everything during the credit crunch.

    I haven't rang them or anything and I haven't a clue what it's about. We moved here in Nov 2003 so a little under 6 years. Any idea what I should do?
    Should I ignore it? Send it back and say no one here of that name? Ring them?
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    baileywoos wrote: »
    Any ideas how we should go about contacting the agency in writing and requesting the info without saying we acknowledge the debt?

    To be on the safe side any letter to a dca, including the NDL template letters, should be prefaced with the following sentence:

    "I do not acknowledge any debt to your company or to any organisation you claim to represent."

    Many dcas 'scour' the credit reference agency files, looking for 'debts' that are on the brink of becoming Statute Barred. They, then, try to 'Bounty Hunt' on that 'debt' in the relatively certain knowledge that the 'debtor' will be unaware of the rights that the Law affords him.
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    baileywoos wrote: »
    I have another problem now. I've just opened my mail and it appears I have a lovely letter also from a collection agency. They are saying they are looking for me and have been given this address as a possibility. 2 letters in as many days - these companies must be desperately trying to enforce everything during the credit crunch.

    I haven't rang them or anything and I haven't a clue what it's about. We moved here in Nov 2003 so a little under 6 years. Any idea what I should do?
    Should I ignore it? Send it back and say no one here of that name? Ring them?

    They are definitely 'phishing'. Ignore it - if they are so sure of their information, then let them write to you giving full details of any 'alleged debt'.

    And NEVER phone them.
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • MrsTinks
    MrsTinks Posts: 15,239 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Name Dropper
    They're not phishing :) they're fishing ;)

    As for the second letter to you then ignore it... :) and as said DON'T PHONE THEM!

    Whilst phoning DCAs can be a fun sport then it's really not something you want to do if you're not up on the various rules and so on :)
    DFW Nerd #025
    DFW no more! Officially debt free 2017 - now joining the MFW's! :)

    My DFW Diary - blah- mildly funny stuff about my journey
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