statute barred in Scotland / experian/ how it works

by miss.roll Tue Jun 23, 2020 8:33 pm

Hi all.

I live in Scotland and the default is in January 2016. Could you please tell me if the debt will be statute-barred in 5 or 6 years if the company which bought the alleged debt is based in England? When should I contact the Experian to remove the default? After 6 or 5 years?
TIA

by **assassin** Wed Jun 24, 2020 2:43 am

5 years in Scotland.

by miss.roll Wed Jun 24, 2020 6:02 am

Thank you.

by flyingfish Wed Jun 24, 2020 1:41 pm

Strictly it would be five years from expiry of the Default Notice, for debts where one is required. That's because the period starts from the first date at which the creditor could have started legal proceedings.

The other difference is Scotland is that the debt is completely wiped after this period, it no longer exists.

by **assassin** Thu Jun 25, 2020 2:26 am

Correct Flyingfish.

by miss.roll Tue Jun 30, 2020 3:41 pm

Thank you very much flyingfish. I wonder if it is a good idea to sent SAR to the lender (shop direct) ?

by flyingfish Tue Jun 30, 2020 4:35 pm

Depends on your situation. Is the alleged debt still with the original lender? If so then you may not want to rock the boat if you're hoping it will become statute barred. Unless there's some specific information that you want from them. Are you being chased for payment?

by miss.roll Wed Jul 01, 2020 5:32 pm

The alleged debt was sold to Lowell. Lowell sends me letters 2-3 times a year, offering a 50-60% discount. I also received a letter in which they stated that the alleged debt was sold to a different debt company and another one later in which they wrote that the account was allocated to debt collectors in Scotland. After six months I got a letter from Lowell again with 60% discount offer. Also, once a year, they send me a statement of the alleged debt. ( I did three letters process in 2016, but they are still sending letters and offering the discount. They were not able to provide me with the requested documents apart from the agreement, which was without my signature (typed name only and ticked box) and information when the debt was sold and when the default notice was sent to me by them). The default was registered on the Experian in 2016. However, I have checked my bank statements, and the last payment to shop direct had to be in 2015. I wanted to find out when the original default notice was provided. I am also not sure from what date I should start to count 5 year period. Is it from the date of last payment to shop direct or form the default notice letter from the shop direct or from the registered date of default by Lowell? Next year, even counting from the date of default on Experian, the alleged debt will be status barred in Scotland but the default will be still visible on Experian till 2022. I am not sure if I should contact the shop direct now or better to wait and be quiet until 2021.

by **daveiron** Wed Jul 01, 2020 6:10 pm

Personally I would just let if ride unless they are chasing or making threats.

With regards the default ,the notice will give you a period in which to pay
usually a month .You start counting from that point .

by miss.roll Wed Jul 01, 2020 6:14 pm

Thank you so much.

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