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Moon phases
Scotland vs Rest of UK
2 posters
Page 1 of 1
Scotland vs Rest of UK
Hi
I understand that in Scotland a debt becomes statute barred after 5 years unlike the rest of the uk where it is 6 years
However what way would it work if a DCA had been chasing you then between the 5 and 6 years you happened to move from another part of the uk to Scotland? Would this mean you could go ahead and send them a statute barred letter and get rid of them a year earlier than normal?
I understand that in Scotland a debt becomes statute barred after 5 years unlike the rest of the uk where it is 6 years
However what way would it work if a DCA had been chasing you then between the 5 and 6 years you happened to move from another part of the uk to Scotland? Would this mean you could go ahead and send them a statute barred letter and get rid of them a year earlier than normal?
discodave4093- Not so newb
- Posts : 78
Join date : 2017-05-30
Re: Scotland vs Rest of UK
In Scotland the debt becomes extinguished after five years. Unlike England where it still exists after six years, but the creditor is not able to take court action.
What you suggest might be worth a try, but I suspect the legal position will depend on where you were resident at the time the default occurred. Or possibly where you lived when the account was opened.
However there are other hoops they would have to jump though. I think for example they'd have to raise the action in your local Sherriff court which might not be something they're familiar with. Depending on the debt it might all seem too much trouble for them.
What you suggest might be worth a try, but I suspect the legal position will depend on where you were resident at the time the default occurred. Or possibly where you lived when the account was opened.
However there are other hoops they would have to jump though. I think for example they'd have to raise the action in your local Sherriff court which might not be something they're familiar with. Depending on the debt it might all seem too much trouble for them.
flyingfish- dedicated
- Posts : 866
Join date : 2017-03-22
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