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

Bymcarreno
#42109 Hi

Can anyoe advise regarding an 8 year old debt that has resurfaced (lots of letters and phone calls from DCA's).

I signed a trust ded 2.8 years ago, but this was not listed in debts.

Am I liable to pay this debt? Should they have contacted my Trustee when TD was advertised?

Many Thanks
User avatar
BySkiannach
#42148 Try this letter in the first instance. As long as you have not acknowledged or paid any money to this 'debt' in the past six years, it should be statute-barred.


WITHOUT PREJUDICE

Dear Sir/Madam

Re: Account No/Reference No:

No debt is acknowledged to you. You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that under the Limitation Act 1980 Section 5 β€œan action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”.

The last payment or acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed. Any such action WILL be defended and challenged on the above grounds.

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed. If you do not supply such confirmation, I will be making a complaint to the statutory authorities.

I look forward to your reply.

Yours faithfully

(Your signature)


http://www.lawcom.gov.uk/docs/cp151apa.pdf
ByJLP
#42428 Ski's letter is spot on.I would however be contacting your IP also to chec if the should have contected him/her.

And in Scotland, the Limitation Act is FIVE years........... :D
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