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[Kay51]

I am trying to find out if a credit card debt from 5 years ago (not paid or admitted the debt and no ccj) becomes statute barred if I have since moved to Scotland? Can you help?

[Steve Jackson]

Hello Kay51 and welcome

As I assume you know from your post, the time after which a standard unsecured debt becomes statute barred in Scotland is 5 years. If you got the debt when you were living in England but have since moved to Scotland you can only take advantage of this rule if you have been resident in Scotland for 6 months or more. To read more detail about this see: Info about statute barred debt in Scotland. If this is the case and the debt fits the criteria then yes you can assume that is statute barred and communicate this to the creditor.

[Carla]

That is interesting Steve, I did not know that the rules for statute barred debt were different in Scotland and the period before debt becomes statute barred there is only 5 years.....

[Kay51]

Thank you very much for your replies. We have been living in Scotland for the last 2 years but we are only renting here. We still own a property in England which is rented out. Would this affect the argument that we are now living in Scotland?

[Hayden]

I have to say I am not sure about this Kay51. I am sure one of the experts will be along shortly to advise

[Steve Jackson]

Hi Kay51

If you have basically moved to Scotland and you are both living and working there full time then your COMI (Centre of Main Interests) is Scotland. It does not matter if you still own a property in England. This is now seen as an investment property and could be anywhere. However as long as you are full time living and working in Scotland and have been for the past 6 months at least, then the Scottish law applies to you.