Lowell serving papers on statute barred debt. Scotland

Dodemac

Hi
I came home a few days ago to a card through the door from walker love stating they were looking to serve papers / discuss a legal matter.
To date I have not contacted them as I have had no previous dealings with this company.
From reading the boards I assume this will be Lowell serving me with a statutory demand for a debt I last paid anything to in 2008.
This was a Lloyds loan I defaulted and Lowell subsequently purchased in 2012.
I have had no direct communication with Lloyds or Lowell since 2008. As stated above my last payment was an ordinary loan repayment sept / oct 2008.
My understanding is that in Scotland the timeline for the statutory demand will not commence until the papers are served .
Am I best to bite the bullet and contact walker love or stay quiet and wait on them catching me in ?

fatbelly

I think the info you need is in these factsheets

Factsheet | Liability for debts & the Prescription & Limitation (Scotland) Act 1973

How can a creditor make me bankrupt?

You'll be aware that Scottish law is very different to English in both these areas so it may be best to contact someone (like National Debtline Scotland) who specialises.

rizla_king

Guys on legalbeagles also might be able to help http://www.legalbeagles.info/forums/forumdisplay.php?145-Bankruptcy-amp-Statutory-Demands not sure how good the are on the Scottish rules, but they like giving Lowells a headache.

Dodemac

Now received statutory demand on Sat.
Can anyone tell me the best way to progress.
The debt is statute barred.
The demand has a page at the back which asks for a full explanation of reason for denial.
This isn't on the government website stat demand ?
Is this a lowell made up form ?

rizla_king

Dodemac wrote: »

This isn't on the government website stat demand ?
Is this a lowell made up form ?

If it's not on the official form, then yes Lowell have made that bit up.

spacey2012

where does it say send the form back to ?

rizla_king

The official form for Scotland should say to return it to the creditor.

http://www.aib.gov.uk/guidance/publications/forms/creditorsform/credform1/credform1

spacey2012

well fill it in "STATUTE BARRED" photocopy it and obtain proof of postage.

Dodemac

Hi
Thanks for the replies.
The form is identical to the official form however attached at the back is another a4 page which states the following
Statutory Demand
Explanation of Denial
If you deny the debt referred to in the attached statutory demand, or any part thereof, please state your explanation for such denial in full

It then asks for signature address etc at the bottom

So do I deny the debt on the official form which has no place to put a reason for denial and send it back with the page above left blank ?
I do not want to give them an inch of wriggle room

fatbelly

Again, not an expert in Scottish law but I believe you have to owe £3000+ and they must have sent you a copy of the Scottish Government's Debt Advice and Information Package.

Have you talked to National Debtline yet?

Dodemac

Spoke to National Debtline last night .
They are calling me back today.
Debt is greater than £3k .
My last payment to this loan was Sept or very latest Oct 2008.