Stature Barred debt in Scotland someone else making payments

crazyhaggid

Over five years ago a family member came to me with a debt problem (student overdraft) and asked if I could make regular payments on their behalf as they had no other bank account, I set up a standing order to pay £15 a month into the account with the overdraft. I then completely forgot about this, in April this year I was reviewing my direct debits/standing orders and noticed I was still paying it, assuming it must be paid off by now I cancelled the standing order. They family member called me last night in a panic as a debt recovery firm is now demanding payment for the outstanding debt. The letter doesn’t state how much is outstanding.

The family member hasn’t made any contact with the bank in over five years, however until March this year I have been paying the debt. Does this make it stature barred? I have done a lot of googling regarding payments. Some of the information I have seen states if the debtor or an organisation acting on their behalf hasn’t made a payment or contact withing that last five years than is it barred, others say if any payment has been made it is not barred.

Which one is it? Any help would be appreciated!

sourcrates

Hi,

Under normal circumstances, for example a one off payment, payment made by anyone else would not affect the limitations period, however, as you have paid it for so long, I suspect if you tried to use the limitations act as a defence, it could well become the subject of a legal argument.