Litigation advice for Scotland

[OnTheRun]

I changed my name in 2006 whilst living in England and from then on-wards I did not make any payments towards my debts in my old name.

 

I did not inform my banks or creditors of my change of name and have not applied for any credit accounts since then.

 

I have been living in Scotland for 1 year and all of a sudden I have had Sheriffs Officers visit my address on a few occasions looking to speak to my "old alias. I have not acknowledged the debts at all, I have simply told them that there is no such person living at my address.

 

My questions are:

 

A. Can Sheriffs officers pursue a debt in Scotland that was built up in England?

 

B. If so, can they pursue these debts if more than 6 years have passed and there has been absolutely no contact or acknowledgement of the debt either by phone, writing or any other method?

 

C. Can I continue to use the same method to get rid of these peoples i.e. plead ignorance that the person doesn't exist at my address?

 

Any help or advice would be greatly appreciated!

Edited June 17, 2013 by OnTheRun
Title should read creditors but cannot amend this, sorry!

[renegadeimp]

Simply use the Statute barred letter/defence and tell them to bog off. However, if court officers are coming, then you must get the CCJ set aside by using the reason that you never had any letters/claim forms and regardless the debts would be SB.

 

Be aware though that CAG does not condone debt avoidance. However, saying that, as i mentioned above, your debts would now be statute barred so they cannot be collected on in any way under UK law.

 

The slight problem is that if a CCJ was issued within the 6 year period, it stops the statute barred clock, and you have to make representations to the relevant court to get the CCJ set aside.

[OnTheRun]

Thanks for the advice

 

The only problem I have is that because I have avoided the debt for so long, I have no idea whether any CCJs were issued. Any mail I ever received was returned to the sender marked "addressee unknown".

 

I cannot access my old credit file (in my old name) to check if there have been any CCJ's for the simple reason that I am unable to prove my identity for my old name (I stopped using any accounts and documents associated with that former name).

 

So the best approach may be to just continue to ignore the creditors...

 

Thanks again for the advice

[OnTheRun]

Thanks for the advice

 

The only problem I have is that because I have avoided the debt for so long,

I have no idea whether any CCJs were issued.

Any mail I ever received was returned to the sender marked "addressee unknown".

 

I cannot access my old credit file (in my old name) to check if there have been any CCJ's

for the simple reason that I am unable to prove my identity for my old name

(I stopped using any accounts and documents associated with that former name).

 

So the best approach may be to just continue to ignore the creditors...

 

Thanks again for the advice

[renegadeimp]

Check your credit files and see if the CCJ's are there. If you have changed your name, then contact the CRA's and ask them what to do.

 

Also, you can use trustonline.org but there is a fee for their service.

[maroondevo52]

Hi,

 

Yes they can instruct Sheriff Officers to collect a debt run up in England.

They would first have to obtain a Decree, money judgments issued in Scotland are referred to as decrees and are issued through the Sheriff's Courts.

 

I would think they have already done this as you have had Sheriff Officers looking for you.

 

Where you go from here, I'm not sure as like you say you can't check any details regarding this debt.

[renegadeimp]

The main problem is when you changed your name and ran away from your debts.

 

 

Sorry to be so harsh but its the reality.

 

 

The sheriff officers will track you down eventually,

and if the court has instructed them to come and collect,

then it wouldnt be wise to lie to them.

 

 

The best thing to do, since the debts may be statute barred

is check when the judgement was issued

and cross your fingers it was after the 6 years.

[OnTheRun]

I have used the TrustOnline website to check for CCJs in my former name at my last known address (the address I lived at 7 years ago before I changed names) and no CCJs have been registered against those details so fingers crossed that it is statute barred.

 

Thanks for all the advice

[OnTheRun]

Also did a search on there for any Scottish Decrees for my former and current address in both surnames and nothing.

[OnTheRun]

Hi everyone

 

I am looking for some advice from anyone who has experience/knowledge of Scots Law.

 

I recently found out that a decree was issued by the Sheriff's Court for an outstanding debt. I was unaware that a decree had been issued against me but I'm not surprised.

 

It is now in the hands of solicitors who I have made contact with but we are communicating only by email at the moment.

 

I have filled out an income/expenditure form but they have responded to say they have received a report from Sheriff's Officers that I am employed. Therefore, they have rejected both my offer of a payment plan and an offer of settlement in full (at a reduced rate).

 

A. I am not employed. Where/How would they have got information to the contrary?

 

B. How should I respond? Make a revised offer?

 

I refuse to provide them with an up to date address or a telephone number for obvious reasons.

 

I would appreciate if anyone could respond quickly as I'm in desperate need of some pointers of where to go next.

 

Thanks

[dx100uk]

I've merged an old thread whereby it looks like all you debts were statute barred?

 

 

can you elaborate on the debt

what was it

when did you take it out

when they got the decree.

 

 

it might help also to read this

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?428590-You-have-received-a-Claim-**ISSUED-IN-SCOTLAND**-What-you-need-to-do.

[OnTheRun]

Thanks for the reply,

 

It was a credit card taken out around 2008 and the decree was issued to a previous address in October 2013.

[dx100uk]

well unless you stopped paying before sept 2008

I think you are stuffed

 

 

dx

[OnTheRun]

Thanks!

 

Any suggestions on how best I should respond or whether I should increase my offer?

[dx100uk]

who was the OC

who has gotten the decree?

was this taken out originally whilst resident in Scotland

 

 

when was you last payment

have you ever sar'd the OC and have you got all the statements?

 

 

any penalty charges or PPI?

 

 

dx