Time barred in Scotland?

tricksterdude

Hi there,

I'm in Scotland. Every year or so I get a letter regarding an old debt that I had. It was never paid as I wasn't in the posotion to do so. It eventually came off my credit file last year and I have been rebuilding my credit rating which is now excellent.

I keep getting letters from Lowell something or other once every six months, though saying I still have to pay them this debt and that thy're going to take further action etc etc.. They also do an unrecorded credit search once a year, the most recent being the 6th of March.

The last payment to this debt was over 6 years ago, possibly closer to 8 and I have never entered into any dialogue with any company regarding this debt.

I'm now in the postion where I can purchase my council house and the bank will gladly give me a mortgage. What I need to know is the old debt enforcable through the courts or can I send them the template letter regarding the Prescription and Limitation (Scotland) Act 1973?

Thanks in advance.

Jinx

No it will be time barred, its 6 years in England and 5 in Scotland. Do a quick search on this forum for the template letter.

This applies to most debts but not those owed for Council Tax or any type of Government benefits.

tricksterdude

Even although they have been sending me letters?

RAS

Yes. What matters is whether you have written to them and acknowledged the debt, not whether they have written to you.

tricksterdude

Excellent, thanks for the info

nottoolate

factsheet here

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