If in Scotland does a default remain for 5 or 6 years??

ickledee

As above - Thanks

rog2

ickledee wrote: »

As above - Thanks

I have just replied to your other post, re Lowell. At the time, I did not realise that you lived in Scotland, and quoted a six year Limitation Period, whereas, in Scotland, the period is five years:

http://www.nationaldebtline.co.uk/scotland/factsheet.php?pge=23-prescription_and_liability_act

Providing, therefore, that you have made no payments towards, nor acknowledged in writing, the 'alleged debt' for a period of five years - once you tell Lowell that you will not be paying because the debt is 'statute barred' they can no longer pursue you through the courts for this 'debt'.
There is a copy of a template letter that you can send them on the NDL link, above.

They also have no right to enter a default on your crf.

Good Luck

ickledee

Thanks for the reply and sorry about the double posts..I am new around here

5 years then - brilliant!!

I have 2 defaults on my credit file - nothing else, no missed payments or anything. I was very stupid many years ago!

The other one is the bank of scotland and it shows as defaulted 22/7/2002!! why does it still show??

rog2

ickledee wrote: »

The other one is the bank of scotland and it shows as defaulted 22/7/2002!! why does it still show??

That may not 'disappear' until July, but I doubt that it would stop you getting a mortgage - Mortgage Lenders look at a much wider picture.

ickledee

Ok thanks. Just out of curiosity..why 6 years for that one?

rog2

ickledee wrote: »

Ok thanks. Just out of curiosity..why 6 years for that one?

Sorry if you did not understand - defaults remain on your credit file for a maximum of six years, whether you are in Scotland or England/Wales. The original question was in regard to the 'Alleged debt' that Lowell are chasing you for. In that case the 'Limitation Period' is five years, after which they can no longer pursue the 'debt' through the courts. Once you have informed them that the debt is 'statute barred' they should remove any default as they did nt have the right to put it on in the first place. You may be able to argue the same with RBS, but I don't know the history of that 'debt'.