Statute Barred Debt - Scotland

rikkdh

Apologies if a similar question has been posted before.. I have tried looking for answers but not found anything that helps..

My partner and I both have quite a lot of old debt that we managed to get ourselves into at the start of our relationship. Over recent years we have made siginificant progress in clearing a lot of it and also having a lot of it removed with thanks to the advice and support of fellow MSE users.

Recently we have both been contacted by a number of companies who are chasing debt which we believe may be statute barred. The problem is that neither of us can remember when the debt may last have been paid and if the debt has been sold on then the company now pursuing it may not have been the company that we paid previously for the same debt.

Is there a way, without admitting that the debt is ours, we can find out when the last payment was made? Neither of us would have aknowledged a debt in writing but may inadvertantly have paid money to it to stop the calls for a while. I'm frightened that if indicate that it's statute barred I reset the ticking clock...

Does anyone have any suggestions?

Tixy

Hi Rikki

I wonder if you could perhaps put in a SAR under the data protection act but put in bold at the top of your letter 'I do not acknowledge any debt to your company'. Perhaps other people could advise if they think this would cause a problem.

Remember if a debt is statute barred already it can't become not statute barred because of anything you do (well I assume its the same in Scotland and England). Perhaps you could ask national debtline for advice or suggestions as they have a comprehensive section dealing with Scottish Law. They have an email a question option on their website.

GeorgeUK

I think you should probably start by sending the "prove it" letter and alter it slightly to also request a notice of assignment so you know who they got the debt from. As Tixy says, the only way to see when you last made payments may be to send a SAR, but as this is £10 to do, it may be worth seeing if they will tell you anything so that you can check.

How would you have made payment? Through the bank?
If it was from the one account, you may be able to get the bank statements or possibly send the bank a SAR.

rikkdh

Cheers Tixy / George,

I would have paid it from a DD from one of my accounts, only trouble is that LTSB kindly closed my accounts and passed them to a collections agent because my overdraft was made up of charges and they refused to acknowlege my hardship (different story). I subscribed to online statements and now because the account is closed I don't have access to them online!

Time for a SAR me thinks unless anyone else has any suggestions....?

*MF*

Hi ...

Suggestion: Why not apply the "Right of Subject Access Request" to LTSB, NOT to the collections agency - you are entitled to the information the Bank hold about your account(s) for the past 6 years - and the statute barred period for Scotland is 5 years.

Make sense to me to avoid the contact with the collection agency - if you can get the info you need from the Bank???

rikkdh

Thanks MF

Makes sense...under the SAR do they have to send me copy statements?

*MF*

Short answer - yes, they are obliged to send you all the information they hold about you.

It may help you before you write if you have a look at how the Information Commissioner sets out his role and the way the Act relates to you, try here:

http://www.ico.gov.uk/upload/documents/new_pia_handbook_html/index.html