- Wed Nov 21, 2012 12:48 am
Thanks for answering the questions.
First point is that the debt is not and cannot become statute barred, as you took the debt in 2004, stopped paying in 2006 and they obtained a decree in 2007, well within the 5 years required by the Prescription and Limitation (Scotland) Act 1973. Further they have extracted in 2009 to any action they take now is again with the Prescription and Limitation Act, so no defence there I am afraid.
It looks as if the Payment Protection didn't pay out, plus in most cases payment protection will only pay for a finite period of time, so you will need to speak to the original creditor to find out why the Payment Protection didn't cover it.
You have also said that you moved, did you inform the creditor of the new address, and possible Payment Protection people, as they may have been trying to contact you. If they couldn't contact you then they may have started to moot the decree, and when they finally confirmed you had moved away with no contact they extracted the decree fully.
Also if you ignored the letters, which a lot of people do when their life is in a chaotic state, then the creditor/Payment Protection may have been trying to sort this them.
As to actions to move forward.
1. You need to contact the original creditors and find out why they went for the decree, when you though it was covered by the Payment Protection (and remember a lot of PPI was sold to people who were not able to claim it).
2. If the PPI should have paid and you had notified the creditor of the new address, and it was set for your previous address, then you are in a string position to get the decree set aside.
3. If the PPI refused to pay, or you failed to notify the creditor of the change of address, or ignored the decree paperwork in 2007, then you will need to talk to the Sherrifs Office to discuss repaying this.
If the latter is the case, especially if there are other debts to consider, it may well be worth talking to a Debt Advice specialist in Scotland who can help and deal with these on your behalf. If this is the case then call and talk to one of the organisations listed below, who operate and deal with Scottish debt problems:Money Advice Scotlandhttp://www.moneyscotland.gov.uk/das/Mon ... d/Homepage
0300 200 2600PayPlanhttp://www.payplan.com
0800 280 2816 StepChange
(formally CCCS) http://www.stepchange.org/
0800 138 1111
If the former (point 2) applies please come back for further advice