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    • fermi
    • By fermi 16th Jan 08, 10:29 AM
    • 39,669 Posts
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    fermi
    • #2
    • 16th Jan 08, 10:29 AM
    • #2
    • 16th Jan 08, 10:29 AM
    First of all, have a good read through the factsheet linked to below. If you think it applies to you, then there is even a letter to send to any creditors that contact you.

    Liability for debts & the Prescription & Limitation (Scotland) Act 1973

    You may want to ask this on the Debt-Free Wannabe board as well.
    I'm a Board Guide on the Debt-Free Wannabe, Bankruptcy, Credit Cards and Loans boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Any views are mine and not the official line of moneysavingexpert.com. Board guides are not moderators. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com

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  • missylemoo
    • #3
    • 16th Jan 08, 9:39 PM
    'Prescription and Limitation Act 1973
    • #3
    • 16th Jan 08, 9:39 PM
    Hi, Thanks for that, I read the section about Unsecured credit debts which is what I have. None of my creditors have taken court action and I have not written to them or made a payment in almost 5 1/2 yrs. What do I do now?

    I can't apply for bankruptcy as I am not "Apparently Insolvent" because I don't have a Statutry Demand. It feels like a vicious circle and a debt trap.

    I am a full time mum with a baby and a 5 year old so have no job to make any contribution to any debts. Still none of my creditors will take me to court as it's not in there interest as I have no money so I can't apply for bankruptcy!!! :confused:

    It's so frustrating!!!
    • fermi
    • By fermi 16th Jan 08, 10:37 PM
    • 39,669 Posts
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    fermi
    • #4
    • 16th Jan 08, 10:37 PM
    • #4
    • 16th Jan 08, 10:37 PM
    Well, if most of the debts are 'Barred' then there may not be a lot that you need to do.

    The creditors can no longer take legal action against you if you choose to defend it as 'Barred', and any adverse information on your credit reference files would drop off as time goes on.

    Are you still receiving correspondence/calls from creditors and/or Debt Collection Agencies chasing the debts?
    I'm a Board Guide on the Debt-Free Wannabe, Bankruptcy, Credit Cards and Loans boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Any views are mine and not the official line of moneysavingexpert.com. Board guides are not moderators. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com

    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

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  • missylemoo
    • #5
    • 17th Jan 08, 8:29 AM
    'Prescription and Limitation Act 1973
    • #5
    • 17th Jan 08, 8:29 AM
    No I receive no letters or calls at all any more. I haven't had letters from the majority of my creditors in almost 3 years when I moved, but none of the letters were ever sent recorded or hand delivered so who's to say I ever got them?
    I never responded or answered calls so my only correspondence was over 5 years ago when I made my last payment.
    Only 2 creditors tracked me to my new address but only by letter as my telephone number changed. It's as though they haven't made an effort to find me as I haven't try to hide or disappear off the face of the earth. All letters stopped over a year ago.

    I just want a clean slate but don't know how to get it. I don't want this all coming back to bite me later but bakruptcy seems unachievable. :confused:
    • tigerfeet2006
    • By tigerfeet2006 17th Jan 08, 8:46 AM
    • 13,826 Posts
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    tigerfeet2006
    • #6
    • 17th Jan 08, 8:46 AM
    • #6
    • 17th Jan 08, 8:46 AM
    It might be worth getting hold of all your credit files from the reference agencies and see what it says on them as to what state your finances are in.

    See Martins article here
    http://www.moneysavingexpert.com/banking/credit-rating-credit-score
    Last edited by tigerfeet2006; 18-01-2008 at 12:26 PM.
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    The only stupid question is an unasked one
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    • fermi
    • By fermi 17th Jan 08, 8:51 AM
    • 39,669 Posts
    • 47,650 Thanks
    fermi
    • #7
    • 17th Jan 08, 8:51 AM
    • #7
    • 17th Jan 08, 8:51 AM
    As far as I'm aware if all the debts are barred under the 'Prescription and Limitation Act' then eventually you will have a sort of 'clean slate' when the debts drop off your credit records (6 years after the last recorded default).

    As Tigerfeet suggests, checking the CRF's might be a good idea to see where you stand.

    Bankruptcy may be a bit heavy handed as a solution to these debts when a bit more time may well achieve the same effect for all practical purposes.

    I think it could be well worth giving National Debtine a call. They are quite experienced in matters regarding 'barred' debts, bankruptcy in Scotland and related matters.
    I'm a Board Guide on the Debt-Free Wannabe, Bankruptcy, Credit Cards and Loans boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Any views are mine and not the official line of moneysavingexpert.com. Board guides are not moderators. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com

    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • missylemoo
    • #8
    • 18th Jan 08, 12:16 PM
    Prescription and Limitation Act 1973
    • #8
    • 18th Jan 08, 12:16 PM
    I checked out all my letters sent over the years and found letters from all but one creditor saying they were serving a default notice.

    All were dated between Nov 2002 - Feb 2003. ( that's not to say the other creditor hasn't issued a default, I may no longer have that letter. unfortunately some letters were discarded during a bad period of depression over this)However I know none were recorded delivery.

    What happens when I apply for my credit references? Does that right away tell my creditors where I am and instigate them writing again? Although 2 of them found me at my present address anyway. Even they stopped a year ago.

    I spoke to National Debtline this morning and although the guy at times sounded a bit hesitant he did appear to think my debts could come under the 'Prescription and Limitation Act 1973 Scotland.

    However I am now unsure as to whether a decree could have been taken out against me without my knowledge. Apparently CCJ's don't exist in Scotland as he corrected me when I asked about that. Can a Statutory Demand be served without my knowledge? A letter came in Jan 2004 saying they tried to serve a Statutory Demand on me but they never came back.

    It's all so damn confusing and sometimes even these helplines still leave you confused. :confused:

    Is the application to Experian, Call credit and Equifax confidential? Do they all hold the same info?

    Am I better asking a Solicitor?

    I'm sorry to blurt out so many questions but ferni and tigerfeet seem really switched on.
  • missylemoo
    • #9
    • 18th Jan 08, 12:25 PM
    • #9
    • 18th Jan 08, 12:25 PM
    sorrry I mean fermi

    wee typo
    • fermi
    • By fermi 18th Jan 08, 12:44 PM
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    • 47,650 Thanks
    fermi
    I'm afraid you've nearly exhausted all the definite info that I can give you regarding the legal position in Scotland, since I'm not as familiar with it as I am with England/Wales.

    But I can make a few comments:

    I checked out all my letters sent over the years and found letters from all but one creditor saying they were serving a default notice.

    All were dated between Nov 2002 - Feb 2003. ( that's not to say the other creditor hasn't issued a default, I may no longer have that letter. unfortunately some letters were discarded during a bad period of depression over this)However I know none were recorded delivery.

    That means that those debts should (at least in theory) be removed from your Credit Reference Files 6 years after the date of the original default notice.

    What happens when I apply for my credit references? Does that right away tell my creditors where I am and instigate them writing again? Although 2 of them found me at my present address anyway. Even they stopped a year ago.

    When you apply for the CRF's you have to give your current address and any past addresses for the last 6 years. The records will then be updated to shown your current address as well. So yes, in theory that could allow past creditors to find out your new address. That would be especially the case if there is a GAIN (Gone Away Information Network) entry on your files which if a creditor subscribes to the service would automatically notify them of your new address.


    I spoke to National Debtline this morning and although the guy at times sounded a bit hesitant he did appear to think my debts could come under the 'Prescription and Limitation Act 1973 Scotland.

    Shame he couldn't be more definite, but even some advisor's don't know everything. I never quite understand why they don't offer to refer it to a colleague who knows more though.:confused:

    However I am now unsure as to whether a decree could have been taken out against me without my knowledge. Apparently CCJ's don't exist in Scotland as he corrected me when I asked about that.

    People in England can get a CCJ without them knowing at a previous address, so I presume the same probably applies for a 'decree' in Scotland.

    Can a Statutory Demand be served without my knowledge? A letter came in Jan 2004 saying they tried to serve a Statutory Demand on me but they never came back.

    In certain conditions are met it can be served by post, so in theory without your knowledge yes. But there is a time limit to act on the demand.

    See: http://www.!!!!!!!!!!!!!!!!!!!!!!!!!!/legal_issues_explained/statutory_demand.htm

    But again different Scottish law may effect this.


    It's all so damn confusing and sometimes even these helplines still leave you confused. :confused:

    I know. :rolleyes:

    Is the application to Experian, Call credit and Equifax confidential? Do they all hold the same info?

    Experian hold the most detailed info because more creditors tend to report info to them. The info is not strictly confidential, since it has to allow creditors to access it to check. But access and the correctness of the info is governed by various data protection laws.
    Originally posted by missylemoo
    I'm a Board Guide on the Debt-Free Wannabe, Bankruptcy, Credit Cards and Loans boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Any views are mine and not the official line of moneysavingexpert.com. Board guides are not moderators. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com

    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

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    • fermi
    • By fermi 18th Jan 08, 12:50 PM
    • 39,669 Posts
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    fermi
    Just to add a couple of other sources of advice:

    CCCS also have a version of their site aimed at people in Scotland.

    http://www.scottishdebtline.co.uk/

    It might be worth giving them a call as well. It would be free, and maybe their advisor could be more helpful/definite than NDL's

    And there is a forum with a special sub-section on debt in Scotland here:

    http://www.debtquestions.co.uk/debt_forum/
    I'm a Board Guide on the Debt-Free Wannabe, Bankruptcy, Credit Cards and Loans boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Any views are mine and not the official line of moneysavingexpert.com. Board guides are not moderators. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com

    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
    • tigerfeet2006
    • By tigerfeet2006 18th Jan 08, 9:54 PM
    • 13,826 Posts
    • 29,891 Thanks
    tigerfeet2006
    Also try these folks as well

    www.moneyscotland.gov.uk

    www.aib.gov.uk
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    The only stupid question is an unasked one
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  • PigSick
    Hi Fermi,

    Do we have a similar act in England and Wales whereby the debt if it's aged can be barred>? I'm currently sorting out my OH debts but I have some lurking from about 6 years ago that I might be confident to sort out once I've sorted him out.

    Regards
    • fermi
    • By fermi 22nd Jan 08, 4:37 PM
    • 39,669 Posts
    • 47,650 Thanks
    fermi
    Do we have a similar act in England and Wales whereby the debt if it's aged can be barred>? I'm currently sorting out my OH debts but I have some lurking from about 6 years ago that I might be confident to sort out once I've sorted him out.
    Originally posted by PigSick
    We do. The Limitation Act 1980.

    There is a very good factsheet on it here:

    http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_ limitation_act
    I'm a Board Guide on the Debt-Free Wannabe, Bankruptcy, Credit Cards and Loans boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Any views are mine and not the official line of moneysavingexpert.com. Board guides are not moderators. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com

    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • PigSick
    Thank you
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