Statute barred in scotland

Kenyanscott

Hi everyone this is my first post! I hope someone can give me good advise.

I live in scotland and the rules for statute barred are different it says 5 years from date of last payment on any debt. Or is it from when the account started?

Secondly I have two debt collection agencies chasing me for money both last had payments on the account in 2007 but the accounts started in 2005, so I'm not sure legally where I stand on this, infant my phone number is ex directory and I don't even know how they got my phone number.

I have not confirmed any details with either company, I asked them to advise why they were phoning then refused off the back o them not being able to disclose any information to me but I have received letters in the past from them so I know who they are.

They are Robinson way and Lowell I don't know if nyome has heard of them before?

fermi

The 5 years runs from the last payment or acknowledgement in writing you made.

So presuming that in 2007 the debt wasn't already statute barred, then the 5 year clock starts running again from then.

So it will not be statute barred until 2012.

fermi

What sort of debts are these?

If they are loans/credit cards/store cards/HP, then when did you first take the accounts/credit out?

Kenyanscott

Some more information thr Robinson way debt defaulted in February 2007 however there had be no payments made for sometime which would have benn 2006 either the October or November. And the Lowell finance debt last had a Paymet in November 2006. I'm pretty scared about this I had this debt before I met my wife and she is getting upset regards to the whole situation because she thinks this will have an effect on her even though there is no link to her.

Kenyanscott

The Robinson way is a loan, I originally took out when I was with my ex and it was with citi financial but I had to rewrite the debt because I could not afford payments. The Lowell finance I actually have no idea what that is only that it shows on my credit file.

fermi

Well, the 5 year period starts with the "cause of action".

After that, the clock is reset every time you make a payment or acknowledge the debt in writing.

Arguably the initial "cause of action" is when you first fail to make your monthly payment. If you make payments once that has happened, then you reset the 5 years each time you do.

So it looks like these debts won't be statute barred until Nov/Dec 2011. Or perhaps a month later if the first payment you missed was never followed up with any later payments.

What does the Lowell one say it is on your file. Often they same something like "card" or "telecoms" or "utility"?

fermi

I suppose you could just wait and see what happens between now and the end of the year?

Or you could see what can be done about making payments?

Or you could request a copy of the credit agreements to see if these debts are enforceable against you?

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

Kenyanscott

If I request my agreements does that reset the clock so to speak? I don't eat this going on for another 5 years!

fermi

Kenyanscott wrote: »

If I request my agreements does that reset the clock so to speak? I don't eat this going on for another 5 years!

Depends on how you word the letter...

However, you are only entitled to request copy agreements if the account is actually yours, so some people argue that by making such a request it is tacit acknowledgement...

So if you are concerned about acknowledgement, then a formal agreement request may not be advisable.

If you want to check that out, then call the people who wrote the factsheet in the link: National Debtline: Tell free on 0808 808 4000.