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[Jakey28]

I sent a letter to Cabot Financial (EUR) Ltd which stating a debt they say I owe was served a default notice on 29/04/2011. They also state in the same letter dated 05/05/2016 that, "It is our position that this debt has not prescribed." They have sent a Small claim summons for 18th May 2016 (There is no court stamp on the summons). Is this prescribed in Scotland or am I perhaps missing something?

[Hayden]

Hi Jakey28 and welcome to the forum.

Generally speaking debt becomes statute barred in Scotland after 5 years. However this very much depends on what the debt was for and what actions if any you have taken within the last 5 years. If it was a standard consumer credit debt such as a loan or credit card etc and you have not made any payments or had any other contact in the last 5 years I would have thought it would be statute barred. As such Cabot would have no right to take legal action to enforce it.

There is more information about this here: Statute Barred debt in Scotland