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Scottish Trust Deed Forum
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Topic starter
15/07/2014 10:23 am
I think this was covered previously when debts which are 5 years old or more and the creditor had not obtained decree or the person had not admitted the debt or made a payment towards the debt in that period, then the debt was legally unenforceable by the creditor.
Taking account of the above, if you had a trust deed and there were 3 debts, one of which was 10 years old and there had been no decree etc, then is there an obligation for the Trustee to contact that creditor or include the creditor and this would affect the dividend position of the other 2.
Interesting as there are probably arguments either way.
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
15/07/2014 10:31 am
Hi Mark.
Am I right in saying that just because a debt can no longer be enforced, it doesn't mean that the money isn't still owed?
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds 
Topic starter
15/07/2014 10:42 am
Hi TDA
I think this may be the moral argument versus the legal argument. However I wonder in a worst case scenario if a Trustee accepted the claim, would he be open to action by the other 2 creditors who may have followed the correct process to keep their debt live?
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
