3g debt - sold on?

GeorgeUK

I'm a little confused about this.

If a person has a debt in England, after 5 years, what's to stop them moving to Scotland to say that the debt is not statute barred? Is this something the Scottish government introduced to increase the population figures?

I thought that it was governed by the law of where the creditor was living at the time the agreement was signed.

never-in-doubt

GeorgeUK wrote: »

I thought that it was governed by the law of where the creditor was living at the time the agreement was signed.

Its where the debtor currently resides - nothing to do with the creditor.....

But in theory, you could have a debt and after 5 years move to Scotland but then if it went to court it'd be easy to prove. If you moved north of the border then 5 years later hear from them, you can assume the statute for the country of your residence.....

i.e. the debt is 5 years old, and you live in Scotland at the time it becomes 5 years old = statute barred.

fermi

George: I've checked this out with NDL, CCCS and a few other professional advisors.

The Limitation period that applies is the one in force in the jurisdiction where the creditor would have to take legal action.

If the debtor is resident in Scotland and the creditor knows this, then they must take action through the Scottish courts. In that case the 5 years applies.

However, if the creditor is not aware that the person is now in Scotland then they could obtain a CCJ by default in England at their last known address. I'm told that (although problematic), it may be possible in some circumstance to then transfer that to the Scottish courts for "diligence". But would be worth fighting.

But in this case the creditor is clearly aware that they are in Scotland, so is bound by laws there regarding limitation and legal action

GeorgeUK

Thanks for the explanation Fermi. Will definately be keeping that in mind.

It's just i remember remember reading in the T&C of some cards how they defined which law would be applied to the account. Thought it would not be able to change part way through the life of an account.

simone83

Hi all,

Just an update - well not much of one really! still havent heard anything from a promised call back last Monday from DCA. I think they must be fibbing anyway as I paid for my credit file and there are no defaults from 3G on there - the DCA stated that they had put a default on there but nothing.

Do I wait for a reply or push things to get a resolution? advice appreciated.

GeorgeUK

I would just let sleeping dogs lie. No sense in stirring things up if they're not even going to be bothered pursuing this.