Arrow Global Court Summons Credit Card Debt Scotland

Artistry08

Hi folks,

Hoping for some advice please.

I'm based in Scotland and have lived in numerous addresses over the years.

Last week I came home to find a Walker Love note to say that they had a matter to discuss, a mobile number to call and the name was down as "the occupier". I ignored this note as it seemed suspicious to me/like fishing for info. It was similar to a courier note to say you weren't home so we missed you.

I've come home today to find a large brown envelope, addressed to me containing a Form 6a Simple Procedure Notice of Claim against me from Arrow Global Limited in Manchester, through Walker Love regarding an old BOS debt for £2000.

I believe this debt to be statute barred and am hoping for advice on what the next steps should be?

Within the papers they've included the following.

-Last payment made by respondent was March 2015 for £80 to Bank of Scotland CC.

-Account defaulted on November 2015.

-Arrow Global are claiming to have issued 3 letters and a phone call between end of May 2019 and middle of June 2019, to my old address that I was no longer staying at during this time, requesting to contact agent to discuss.
They then note No response to the letters.

-I have never received any letters from Arrow Global or made any communication with them, No phone calls, no response to letters.

-And now all of a sudden I have Walker Love issuing Simple Procedure Claim papers against me.

Surely this debt is now Statute Barred as my last payment was made over 6 years ago, and I have never made contact with numerous debt collection agencies chasing this debt.

Thank you,

A

eskbanker

Artistry08 said:

Account defaulted on November 2015.

[...]

Surely this debt is now Statute Barred as my last payment was made over 6 years ago, and I have never made contact with numerous debt collection agencies chasing this debt.

As I understand it, the start date for such calculations is the date of default, not last payment, so on that basis it won't be statute barred until November.

Edit: actually the timescale in Scotland is five years rather than the six in England and Wales, so you may be in luck after all!

Nebulous2

Have you been in Scotland all the time? 

Here's some reading for you - it looks like it is 'prescribed.'  It is important you reply to the court within the timescale however. 

https://www.stepchange.org/debt-info/can-i-write-off-debt/statute-barred-debt.aspx

sourcrates

I’ve replied on your other thread.

Artistry08

Many thanks for the responses!

I've been a resident in Scotland for 20 years, when I took out the agreement it was between myself at a Scottish residential address and Bank Of Scotland Credit Cards, The Mound, Edinburgh so I'm 100% sure it will now be "extinguished" from what I've read.

Is it worthwhile using a solicitor to draft the response for me?