Ask a Law Question, Get an Answer ASAP!
This question please for JGM if he is available. My son James has been living in Colombia for over 5 years but before he left he had incurred some debts (about £7500) with Lloyds Bank a small part which he disputes. Although he shares a house in England with his wife which has been rented out, all his mail has been sent to a mail box in Inverness because I live in the Highlands and can collect his mail when coming to Inverness. Last month he received a Statuary demand for payment of the debt. The Court agent wrote a letter saying " I have been directed with a statuary demand to serve you under the Bankruptcy Scotland Act 1985 (1)(d) . This letter was dated on January 24th and gave 21 days notice for insolvency to begin. My son said that he received several demands fromLloyds Bank and their debt collectors but has never responded to them over the 5 + years. I CANNOT ALLOW HIM TO MADE BANKRUPT as this will destroy any chance of getting employment here which he wants when he returns later this year plus his house perhaps can be taken away? So my question is and it is urgent as we have only 3 full days to deal with it : What can and should be done. 1. Can the case be set aside so as to give us more time? Either because of being over 5 years in time or because my son disputes the amount demanded by Lloyds Bank though now Lloyds Bank have sold the debt to the debtor collection agency. 2. Is Scotland the place to serve this demand as he does not live here nor has any property owned or rented here in Scotland. He only comes to Scotland to see his parents. 3. In England the time scale for the prescription of limitation is 6 years and someone said in Scotland it is only 5 years. Is that correct because then the case would be outside the time limit? 4.Should we contact the Court. I presume it will be in Inverness because the Sheriffs agents are in Inverness. Or what action can we take to avert a Bankruptcy order. As I said it needs to be stopped and who does one contact or write to?