Scottish and English debt laws are different, so if you are a Scottish resident and have questions on debt, then this is the place to post.

Moderators: TalbotWoods, JaneClack

By Bigjazzy
#466413 Hi All

My house got repossessed in 2008. at which time NR got a decree (House in Scotland) against me for the mortgage loan and unsecured element ( together mortgage). The unsecured element was £30,000. In the end the mortgage shortfall including unsecured loan was £160,000.

After checking my credit file this is now reported as satisfied even though I have not made this payment. Could you please advise me on how the only entry is NR and is satisfied? I have also checked and there is no decree registered against me? My brother is willing to help me settle this so wondering if NR or if the debt is sold will take full and final offers? If they do how many pence in the pound have people settled at.

I have other debts also which got accumulated when I lost my job and I have various defaults on my credit file. I last made contact with the debtors in May 2009, however a sought the assistance of a Debt Management company who tried to negotiate a plan in 12/2009 and 02/2010. This didn't work out as creditors didn't agree and no contact has been made since with anybody.

My circumstances have changed and I have got a footing now and would like to start paying the debt or with my brothers help F&F. Would the Statue of Limitations kick in from 05/2009 or 02/2010? I don't want to make contact and start the 5year period again. I would rather pass the 5year period then make full and final.

If the SOL will enforce in 02/2015 would it become 02/2016 if I moved to England now?

Could someone give some guidance as how I should go about settling all this especially NR. All my defaults are spread out in 2009.

Many thanks
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By JaneClack
#466443 A decree in Scotland has long prescription which means it is valid for up 20 years before it becomes statute barred. Sorry. It will appear on your credit file for 6 years but the law in Scotland says that long prescription lasts 20. It is short prescription which lasts 5.

There is a useful fact sheet on the National Debtline Scotland section on Statute of Limitations which would be useful to read through.