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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11125
Experience:  30 years as a practising solicitor.
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This question please for JGM if he is available.My son

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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?

Submitted: 3 years ago.
Category: Law
Expert:  JGM replied 3 years ago.
1. The debt may be timebarred if it's over 5 years old and no court proceedings have been raised for payment during that period.

2. The demand is only effective as a prerequisite for bankruptcy proceeding in Scotland.

3. The debt is timebarred if over five years in Scotland without the debtor acknowledging the debt or the creditor raising court proceedings.

4. You can't contact the court as you don't know if bankruptcy proceedings have actually been raised. Notwithstanding that the demand has expired you should take steps to send back the denial slip to the creditor and date it within 21 days of 24 January. Also advise the creditor that your son is no longer subject to the jurisdiction of the Scottish court and that the case is timebarred in any event.

You perhaps want to get the papers to a solicitor that your son can then email his instructions to. The solicitor really wants to argue time bar with the creditor and given the possibility of bankruptcy proceedings being raised you really should spend some money on a solicitor. If bankruptcy proceedings are raised it will then be too late to contest the merits of the case, ie, the time bar, so it important to get a lawyer on board now.

Happy to discuss further.
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