Statute Barred under Scottish Law

ScoobySnacks79_2

I'm after a bit of advice about Scottish law. Specifically the five year statute of limitation on debts.

I have recently had contact from a company claiming that I owe them £250 for a debt that they claim was from 2020, specifically the 9th of June 2020. They contacted me around the 20th of June this year.

Now my question is around the wording of the law.

Does it mean, as I suspect, that an attempt by the company to contact me (in this case an email) during the five year period resets the clock? Or does it only count if I contact them acknowledging the debt? I.E. is an email a "relevant claim" or does that just mean a claim in court?

I suspect the former is the case, but want to make sure I get my ducks in a row before I speak to them.

Cheers

Matt

molerat

Them simply contacting you does not reset the clock, the commencement of court action within 5 years though could pause the clock, it would need to be specifically worded to possibly count.  Scottish law is also slightly different in that the debt is extinguished at the 5 year point unlike E&W where it is merely unenforceable in the courts after 6 years.

https://www.citizensadvice.org.uk/scotland/debt-and-money/help-with-debt/dealing-with-your-debts/check-if-you-have-to-pay-a-debt-s/

sourcrates

The Prescription and Limitation (Scotland) Act 1973 and the Prescription (Scotland) Act 2018 govern the time limits for legal claims and the extinction of rights and obligations in Scotland.

Make certain of your position before acting, as there have been quite a few amendments to this legislation over time, not all of which are debt related, but the important part is to be clear when the clock starts ticking, what we refer too as the "cause of action date" or as they state in the act:

"A claim must be made within 5 years of the obligation arising".

fatbelly

I would imagine, as in England, that the courts take the default date as the 'obligation'

Brie

fatbelly said:

I would imagine, as in England, that the courts take the default date as the 'obligation'

Even if the debt has never defaulted and also has not be acknowledged in the requisite number of years?