Statute barred debt q's....

princess84

Hi all

Sorry if this is in the wrong place first of all...i have gone through sticky's and old posts on this subject but couldn't find an answer. Basically a company are chasing me for a debt which i have not acknowledged for the past 6 years (I am in Scotland) so am pretty certain that it is now statute barred. I have copied and pasted the SB letter to send off but I want to be prepared for the next step. What happens if they reply disputing this? Is there a template letter for this? If anyone can provide me with details of the next stages i'd be grateful. Many thanks, Louise

Angry_Bear

Make sure that you have checked if you need to update the letter for Scottish legislation. I know that in Scotland a debt gets completely written off after 5 years (not 6) so you should be fine.

If the company gets back to you claiming that it isn't statute barred, you should demand proof which they won't be able to give.

princess84

yes i made sure to copy the one for Scotland. Sorry i meant as it has been six years and i am in Scotland where it is 5 years thats why i'm pretty certain it should be SB!

fermi

No particular template, but if they reply claiming a payment or acknowledgement within the 5 years, then you would basically tell them to provide a copy off the proof of this that they would rely on in court, or they can basically burger off.

princess84

thats great thank you. Hoping that will be the end of it but if not i'm prepared to knock up something semi-professional sounding ha!

TheChar

I am in a bit of a predicament with a similar thing. I had a default registered for a loan I had about six years ago. I moved and haven't made any payment at all since the default. Recently I have received a letter from Scotcall asking me to contact them. They haven't said its about this but as it's the only outstanding debt I have I assume it refers to this.

Anyhow, I am looking to get a mortgage when the default drops off my file as everything else it fine on there. I am willing to start to pay this amount but I am worried if I start to do this it may not fall off my credit file.

Can anyone give me advice as to whether it would be better to wait for the debt to fall off my credit file before I contact them about payment or if I could start making payment? I am worried if I do start making payment this will mean the debt stays on there.

Hope someone can help.

ValHaller

TheChar wrote: »

I am in a bit of a predicament with a similar thing

Please start a new thread. Princess84 might have some correspondence back from Scotcall and want to discuss further, A discussion about your problem in the middle will make it harder for her and none of it will make helping you any easier.

Edit: TheChar has started a new thread at https://forums.moneysavingexpert.com/discussion/4737278 responses to that thread pls

TheChar

Ok thank you :-)