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Scottish Trust Deed Forum
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Topic starter
16/05/2013 6:48 pm
Hi, my friend has just received correspondence about an old debt from 2008, I know that the limitation period is 5 years in Scotland and I have previously seen a template letter to send to creditors to advise that the debt is no longer enforceable as it is over 5 years old but I cannot find it, can you please let me have the link. She has never admitted to the creditors that she is liable and 5 years ago finalised all payments, it is their error that this debt exists. Thanks in advance [:)]
j smith
16/05/2013 8:44 pm
Hi Juliet,
To be honest I am unsure about this. I have never heard of this before. I understand that your friend owes a debt to a creditor which is older than 5 years old. The debt remains unpaid and they have not entered in to or completed some form of insolvent/solvent procedure? If this is the case I would have to presume the debt remains. Forgive me if I am misunderstanding the position and that actually the debt formed a TD, or sequestration. Please elaborate. Thanks
Rob is not currently posting in the Trust-Deed.co.uk forum.
16/05/2013 8:44 pm
Hi juliet.
The site has not itself published such a letter that we endorse here.
You may be right that a member has added something to the forum but I'm afraid I have no recollection when or where.
If you type "prescription" into the forum search function you may find more useful information on this subject.
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds 
Topic starter
16/05/2013 9:04 pm
Hi, Rob I am talking about The Prescription and Limitation (Scotland) Act 1973 Part 1 Prescription Section 6. I have found the template elsewhere, thanks 🙂
j smith
16/05/2013 9:09 pm
Hi Juliet
If there's been no court action a d they have not admitted the debt in 5 years, then prescription applies and the debt is unenforceable.
Advice would be to explain this to the creditor and tell them to try their best!
Be interesting what comes up when you type 'prescription'!!!
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
