Statute Barred location

[julian]

Threads seem to consider that after 5 years in Scotland and 6 years in England and Wales, creditors can pursue debts for as long as they want but not in the courts.

Can any of you kind people tell me what the residency rules are for SB in Scotland? I am confused as to how the will be able to prove that you are not living in Scotland at any point after 5 years.

Do you have to have a permanent address there and be on the voters register? Or can you 'live' with your aunty for a year and then return to England?

What happens if you live in Scotland and then move to England or Wales in year 6? Would the creditor then be able to pursue you once again?

[PriorityOne]

Re: Statute Barred location

Personally, I would just send the SB letter out and leave them with the headache of sorting out proof of where, what, when :-)

[MrsD]

Re: Statute Barred location

Seem to remember Nids saying it depends where geographically you took out the agreement, so if it was in Scotland, it's five years, England it's 6

[happy_bunny]

Re: Statute Barred location

I asked a similar thing which Niddy replied to:
http://forums.all-about-debt.co.uk/s...moving-country

HB

[garlok]

Re: Statute Barred location

You are right MrsD, I think in the small print you find things like "under the terms of this agreement, the Law applying will be that applying in (Scotland) (England)" etc. I have noticed these clauses appearing in places like e-bay transactioions and various complaints procedures. I suppose I ought to check our T & Cs properly.

regards
G

[Never-In-Doubt]

Re: Statute Barred location

As I recently explained on another thread....

Where did you see this? The actual way it works is based on residency as at inception NOT residency as at time of default. So if you lived in England when you signed up, no matter where you move it'll be 6yr SB rule. If you took it out in Scotland and moved south, it'd be 5yrs to SB.


Your CURRENT locale is irrelevant it's all to do with when it was executed

[Never-In-Doubt]

Re: Statute Barred location

want but not in the courts.

Just to answer this part - in Scotland it is extinguished so they can't chase you period. In England however, once you make them aware it is SB they must stop hassling you and cannot utilise the courts. If they did hassle you, you can complain to FOS as the OFT guidelines on debt collection state that once the dca know its SB they shouldn't pursue it/you.