Hi Everyone
I live in Scotland and I have been contacted by a Debt Collection Agency in England who are trying to recover a debt for a credit card that I feel would be Statute Barred under The Prescription and Limitations (Scotland) Act 1973, Part 1: Prescription, Section 6.
They are stating that a payment was made by myself to the creditor in April 2009 with the credit card then being defaulted at the end of April 2009 and that the Limitation Act 1980 would therefore apply, as at this current time 6 years would not have passed, although I thought this Act would be for England and Wales only.
As I have always lived in Scotland, does the Limitation Act 1980 apply to me, I have not made any payments since the default or acknowledged any debt to the creditor and the creditor has not been in touch within the 5 year period?
I emailed the DCA to request proof of the original contract and they have just sent through a photocopy of an apparent "online" credit agreement, this does not have a signature, merely a check box adjacent to the word Signature and a date of April 2007.
Can you advise, thank you.
I live in Scotland and I have been contacted by a Debt Collection Agency in England who are trying to recover a debt for a credit card that I feel would be Statute Barred under The Prescription and Limitations (Scotland) Act 1973, Part 1: Prescription, Section 6.
They are stating that a payment was made by myself to the creditor in April 2009 with the credit card then being defaulted at the end of April 2009 and that the Limitation Act 1980 would therefore apply, as at this current time 6 years would not have passed, although I thought this Act would be for England and Wales only.
As I have always lived in Scotland, does the Limitation Act 1980 apply to me, I have not made any payments since the default or acknowledged any debt to the creditor and the creditor has not been in touch within the 5 year period?
I emailed the DCA to request proof of the original contract and they have just sent through a photocopy of an apparent "online" credit agreement, this does not have a signature, merely a check box adjacent to the word Signature and a date of April 2007.
Can you advise, thank you.
Living in Scotland - DCA attempting to recover under Limitations Act (England/Wales)
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