Help regardingstatute barred debt scotland

Amistoso_2

thanks guys, she has always resided in Scotland, debt letters definately say they "may" get a CCJ or attachment of earnings or possessions being seized.
DCA are Credit Solutions/Power2contact and they are based in Surrey.
Just worried incase she isn't telling me all the facts and end up having to fight baylifs off of my doorstep as mine is the only contact address they have for her. She doesn't work and has no permanent address so how can they enforce anything if they can't track her down. If anyone turns up here do I need to prove somehow that she doesn't live here and doesn't own anything within the household? Sorry if I'm repeating myself just V worried for her and for me!!!

fermi

Is your address in Scotland or England?

GeorgeUK

Fermi, if someone has a debt in England, they couldn't just move to Scotland and then be subject to Scots law could they? Otherwise surely anyone with a 5 year old debt would just need to move to Scotland for it to be statute barred rather than the 6 in England.

Is it not where they lived when the debt was taken out?

Amistoso, you don't need to let bailiffs in if they come to your door. You can tell them that she has no goods at your address and hasn't lived there.

I would just send the state barred letter and see what their replay is. The debt is never just wiped out, but it will be unenforcable so any time someone tries to collect payment on the debt, just send the statute barred letter. If someone did try to take it to court, your defence would be that it is statute barred.

*MF*

GeorgeUK wrote: »

Fermi, if someone has a debt in England, they couldn't just move to Scotland and then be subject to Scots law could they? Otherwise surely anyone with a 5 year old debt would just need to move to Scotland for it to be statute barred rather than the 6 in England.

Is it not where they lived when the debt was taken out?

Amistoso, you don't need to let bailiffs in if they come to your door. You can tell them that she has no goods at your address and hasn't lived there.

I would just send the state barred letter and see what their replay is. The debt is never just wiped out, but it will be unenforcable so any time someone tries to collect payment on the debt, just send the statute barred letter. If someone did try to take it to court, your defence would be that it is statute barred.

I don't know the answer to the first point (the 5 -v- 6 year application), but I think I can throw some light on this question of residence as it applies to a debt in England for someone resident in Scotland

- there is a procedure already established where enforcement procedures, say through the courts in England (but which have no practical effect with the debtor resident in Scotland) are transferred into the Scottish legal system and can then be enforced.

How do I enforce in Scotland a money judgement of a court in England or Wales?

Details here:

http://www.scotcourts.gov.uk/you_and_us/faq.asp#FAQ3

I suspect (don't know) the same procedures work in reverse where it is a Scottish Debt with a person now resident in England or Wales.

I know this doesn't directly help the OP (sorry) - but I hope it may inform others in that this procedure does exist.

Amistoso_2

I'm in Scotland as well, It's just getting a bit annoying as they phone here quite a lot looking for her, then whith the letters now coming it just a bit intimidating and worrying for me that they will knock the door and give me grief about it. Does anyone else have experience of this collection agency? they seem to be getting more and more agresive on the phone