Aktiv - statute barred Scotland

belcam

That's my problem, I do not know when it defaulted, probably 2004 but I'm hoping it may have been 2003. If it was 2003 it may be statute barred as it is 5 years in Scotland. The only way I assume that I can find the default date is if I get a credit report from e.g. 2005/2006 and see if it's on and it should tell me the default date. Is it possible to get backdated credit reports?

give_them_FA

Are you being chased for this debt? Once it has gone five years without payment/acknowledgment in Scotland, not only is it statute barred, it is cancelled and no longer exists.

I would just sit tight and not reply, if it goes further then address the issue if not sure at the moment.

If its a DCA most of the time they clear off if you ignore them.

belcam

give_them_FA wrote: »

Are you being chased for this debt? Once it has gone five years without payment/acknowledgment in Scotland, not only is it statute barred, it is cancelled and no longer exists.

I would just sit tight and not reply, if it goes further then address the issue if not sure at the moment.

If its a DCA most of the time they clear off if you ignore them.

My last letter from them was in 2009 Aktiv Capital, however I have changed address again since. I have been on the electoral roll for at least two years at my new address.

fermi

What did you say in the letters you sent to them in 2009?

Acknowledgement via letter has to be quite a specific admission.


See: http://forums.moneysavingexpert.com/showpost.php?p=47812127&postcount=15

B.5 The term extinguished differentiates the Scottish concept of 'prescription' from the English Limitations Act, as once an obligation has been extinguished it no longer exists as a legal right and is deemed to have been abandoned or satisfied.

B.6 A relevant claim will normally take the form of the creditor raising an action for payment in court. Simply sending a default notice or a letter demanding payment will not constitute a relevant claim.

B.7 A relevant acknowledgement will normally be made by performance of the debtor (or his representative). For example, by making payments or by making an unequivocal written admission clearly acknowledging that the obligation still subsists.

give_them_FA

So you have not had a letter for nearly 3 years? And it was from those illiterate jokers? What are you worrying about, they don't have a clue as to how statute barring works, most of the debts they chase are SB.

taffy056

Don't want to detract from the discussion, but a quick question if you had a debt say in England and its 5 years since last payment, if you move to Scotland does that then become statute barred ?

give_them_FA

Yes, because a person who lives in Scotland has to be sued in a Scottish court and the Scottish court would not accept a debt over 5 years old. So someone who was fleeing debts in England between 5 and 6 years old could evade them by going and living in Scotland for a year.

They would have to inform all their creditors they no longer lived in England to forestall them trying for a CCJ in England- any court action would be void if the Defendant does not reside within the Court's jurisdiction.

fatbelly

It's explicitly mentioned in the OFT Debt Collection guidelines too.

3.4 Those contacting debtors must not be deceitful by misrepresenting their authority and/or the correct legal position with regards to debts or the debt recovery process.

3.5 Examples of unfair or improper practices are as follows:

h. taking or threatening to take court action in the wrong jurisdiction.

belcam

fermi wrote: »

What did you say in the letters you sent to them in 2009?

Acknowledgement via letter has to be quite a specific admission.



From memory, I think I wrote that I was unemployed and had no assets to pay it.

*This was in 2009, I thought that I had only written once before in 2008 but I do remember now writing to them again in 2009...if only I had come on this site then.*

So, presuming that my letter was taken as acknowledgement, it does seem strange that they have not contacted me since Dec 2009, even though I have changed address, I have been on the electoral roll at my new address for at least two years.