Section 77(4) only prevents us from pursuing recovery of the debt through the courts

Debtpet

Last payment was made in December 2008 and I have not acknowledged the debt in writing since that time. I live in Scotland, though I didn't when I took out the loan, so I guess I have to hope they don't find the details until December 2013 and the SOL will apply?

Debtpet

pauletruth wrote: »

daft question how can they prove you defaulted your agreement.

I wondered this myself

give_them_FA

Debtpet wrote: »

Last payment was made in December 2008 and I have not acknowledged the debt in writing since that time. I live in Scotland, though I didn't when I took out the loan, so I guess I have to hope they don't find the details until December 2013 and the SOL will apply?

Yes. As they would have to take it to a Scottish court if you live there, the 5 years applies. I would just forget this if I were you.
If you do receive anything just totally ignore it. Worked for me on many, many occasions. Never make the mistake of replying.

If they haven't got the agreement and cannot take it to court there is zilch they can do. Even trying to put a default up would be difficult if they can't prove what it was a default from.