Statute Barred in Scotland

Bigjazzy

Sorry all for ramping on this but I cant seem to get a definitive answer.

I used to live in Scotland where all my debts were amassed. I then moved to England for 4years and now moved back to Scotland.

How long do I need to be resident again in Scotland for Scottish Statute Barred of 5years to apply?

Thank you

Tixy

Do your creditors have your current scottish address? are they writing to you there?

This might provide some insight

https://forums.moneysavingexpert.com/discussion/comment/50698541#Comment_50698541

For a more definitive answer might be worth a call to a scottish section of a debt advice charity (national debtline?)

nottoolate

6 months i think?

National_Debtline

I thought it was six months, but apparently it is three months.

CIVIL JURISDICTION & JUDGMENTS ACT 1982
41 Domicile of individuals.


(1)Subject to Article 52 (which contains provisions for determining whether a party is domiciled in a Contracting State), the following provisions of this section determine, for the purposes of the 1968 Convention [F109the Lugano Convention] and this Act, whether an individual is domiciled in the United Kingdom or in a particular part of, or place in, the United Kingdom or in a state other than a Contracting State.

(2)An individual is domiciled in the United Kingdom if and only if—

(a)he is resident in the United Kingdom; and

(b)the nature and circumstances of his residence indicate that he has a substantial connection with the United Kingdom.

(3)Subject to subsection (5), an individual is domiciled in a particular part of the United Kingdom if and only if—

(a)he is resident in that part; and

(b)the nature and circumstances of his residence indicate that he has a substantial connection with that part.

(4)An individual is domiciled in a particular place in the United Kingdom if and only if he—

(a)is domiciled in the part of the United Kingdom in which that place is situated; and

(b)is resident in that place.

(5)An individual who is domiciled in the United Kingdom but in whose case the requirements of subsection (3)(b) are not satisfied in relation to any particular part of the United Kingdom shall be treated as domiciled in the part of the United Kingdom in which he is resident.

(6)In the case of an individual who—

(a)is resident in the United Kingdom, or in a particular part of the United Kingdom; and

(b)has been so resident for the last three months or more,

the requirements of subsection (2)(b) or, as the case may be, subsection (3)(b) shall be presumed to be fulfilled unless the contrary is proved.

(7)An individual is domiciled in a state other than a Contracting State if and only if—

(a)he is resident in that state; and

(b)the nature and circumstances of his residence indicate that he has a substantial connection with that state


Best wishes,

David @ NDL.

nottoolate

thats what i had read. just got the number of months wrong

Bigjazzy

Thank you!

Phew that was a relief! Debts are stature barred in that case!

I do still want to settle all my debts but couldn't take the chance that creditors would have wanted 40-50% settlements.

As debts are now statute barred, how low a percentage do you think I could negotiate with the likes of Capquest to settle the debts?

nottoolate

£0. if they are statute barred in scotland the debt no longer exists.

National_Debtline

nottoolate wrote: »

thats what i had read. just got the number of months wrong

Easily done

- David.