default date confusion.

[jen_br]

can someone settle a wee argument with me and DH

OK so default removal is 6 yrs in england 5 in scotland

but what does that mean really if we were living in scotland when the debt was defaulted or taken out or??

[Never-In-Doubt]

Re: default date confusion.

No it's 6 years period for defaults.

Statute barred is 6 years in england but 5 in Scotland.

The SB date would depend where you lived at inception so if you took it out in England then moved to Scotland it's 6 years.

Vice versa it's 5 years.

[jen_br]

Re: default date confusion.

Great this works in our favour.

Well some part of it does anyway.

[Never-In-Doubt]

Re: default date confusion.

Care to elaborate.....

If you signed up in Scotland then SB is quicker but you still have the default for a year or more. In England there's a year extra to hide....

[Riz]

Re: default date confusion.

The SB date would depend where you lived at inception so if you took it out in England then moved to Scotland it's 6 years.

Debatable issue.

Email from NDL

If the creditor sues in correct Scottish Sheriff Court then the action would be subject to Prescription and Limitations (Scotland) Act 1973 and debt would have prescribed.

If, on the other hand, the last known address that the creditor has is an English one, then it could in theory issue a claim at that address before the six-year Limitations Act period expires. If such a claim goes unchallenged and a county court judgment is obtained, the creditor could in theory transfer it to a Scottish decree and use it for diligence. This scenario is, however, reliant on a number of different things all taking place and is relatively unlikely.

[Never-In-Doubt]

Re: default date confusion.

^^^ not the norm though. We base it on the law relevant at time of inception.

All agreements use English law so the fact you reside in Scotland at inception affords you safety of limitation after 5yrs.

If you took it out in Scotland and moved to England then your scenario may have substance but you could fight it off for a year thus ensuing SB easily enough. It's a fine line but in theory we work to the description above as the norm. To alleviate your theory we simply apply to bring it to local court by defending thus Scottish law would supercede.

Anyway Jen I presume took it out in Scotland and still lives there (or did you take it out in England THEN move?)

[Riz]

Re: default date confusion.

Sorry. I fail to explain.

That was in response to the issue of someone taking a debt out in England, and then moving to Scotland without the creditor knowing that.

[Never-In-Doubt]

Re: default date confusion.

Ahh right. Thanks.

That would mean that if you took it out in England then moved you could apply to get it at your local court in scotland and thus utilise Scottish law, doesn't it? Lol * confused now

[Riz]

Re: default date confusion.

^^^ not the norm though. We base it on the law relevant at time of inception.

Yes, but courts are meant to only enforce law under their jurisdiction, so in argument whatever the English law says should not have relevance to a SC court.

I understand the point you are making, but I'm not sure it is as black and white as you say.

It is an interesting presupposition though. Take a debt out in England and move to Scotland.

[Riz]

Re: default date confusion.

Ahh right. Thanks.

That would mean that if you took it out in England then moved you could apply to get it at your local court in scotland and thus utilise Scottish law, doesn't it? Lol * confused now

Yes, but I acknowledge it does seem a bit mixed up.

Not been able to find a case where it has been tested, so ???????

[jen_br]

Re: default date confusion.

Well, we took out the CC in england moved to Scotland.

But the loan was in scotland.