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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11757
Experience:  30 years as a practising solicitor.
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Dear JGM thank you for your reply this afternoon. I will speak

Resolved Question:

Dear JGM thank you for your reply this afternoon. I will speak to the only solicitor I know Aitken Nairn in Edinburgh to help fight off this impending action for bankruptcy and will forward all the creditors' documents. 1. In the meantime I will also send the decline slip back to the creditors explaining that the action is out of time. I hope that my son is correct is saying that he never acknowledged the debt though he had a correspondence with Lloyds about the unfair £500 which Lloyds said that they would return but never did. I hope that this does not affect his claim that he did not acknowledge at any time the debt. What happens if he is proved wrong? i.e. he did have correspondence. 2.If he not successful what then. Will be automatically be bankrupted or do we have time to try to negotiate a deal with Lloyds? 3. If he is successful in his claim that the case if time barred would the creditors reapply in England and what address would they issue the court action since he lives in South America and they do not know his address there and his English shared house is fully let to a family. Would they find out that he has a shared house in England. 3. The money in question is unsecured loans and not tied to his property. Could the court still order that his shared property is requisitioned a) if he is made bankrupt or b) if we can somehow come to terms to pay a part each month over some years. I think that is all I can think of at this moment and would appreciate your views. First thing tomorrow Tuesday I will contact Aitken Nairn the Edinburgh Solicitors. Thank you.
Submitted: 3 years ago.
Category: Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

1. If he has acknowledged the debt or acted in any way towards admitting it or any part of it he will not be able to plead time bar.

2. Bankruptcy involves court action and the papers generally have to be served on the debtor personally. So there would be time to try to negotiate.

3. They can't raise in England for a personal loan given to him in Scotland as jurisdiction would have been in Scotland. They could use his current address if they could find it in SA or if necessary do a walls of court citation with intimation to next of kin. If he is made bankrupt his whole estate could be used to repay his creditors.

However from what you say there is every likelihood that the debt is time barred and you should deal with it on that basis at present.

Please leave a positive response so that I am credited for my time.
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