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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12092
Experience:  30 years as a practising solicitor.
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I worked for an insurance brokers network. The network went

Customer Question

I worked for an insurance brokers network. The network went into liquidation in 2009 owing me commission. However, at the end of 2014 I received a letter from a debt collection agency stating I owed claw back commission of £2800. When I asked them to supply information about this commission they sent an A4 page with figures on it not on any official paper with the date it was sent. I advised them that this was not acceptable as the payment of commissions with the network was complex and the evidence they had produced could have been made up by anyone. I have now received a letter from a solicitor threatening legal action if I do not respond by start of December. Do I have to respond and surley due to the passage of time any action now would be time barred. Any help would be much appreciated.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.

The time bar period would be five years if your contract with them was under Scots law and six years if under English law. If no attempt was made to take you to court and there was no admission of debt during the period then from your narrative the claim is time barred as well ignoring your claim for outstanding commission. Write to the solicitor denying the claim in the basis of time bar and counterclaim. I doubt you will get a coherent reply. Happy to discuss but I think your suspicion about time bar is correct. I hope that helps. Please leave a positive rating so I am credited for my time.

Customer: replied 1 year ago.
Hi, Thanks for your reply it has been most helpful. Can I just clarify some points. I have made no admission of the debt up till this point, however, I did state to the collection agency back on the15 March 2015 that they would have to clarify what the clawbacks were for. I have not admitted liability for any debt. This response was sent in reply to an email I received from them dated 3 March 2015 where they stated they would pass the matter onto there solicitor to take action against me if they did not receive a response within 14 days. Am I correct to assume from your previous response the time bar would kick in from when I received the solicitors letter last week as this is the first official letter from a solicitor threatening to take me to court. Thanks in advance
Expert:  JGM replied 1 year ago.

The time bar kicks in if there has been no court proceedings raised within five years and no admission or acknowledgement of the debt within that period. So no the solicitors letter is irrelevant. It's a question of no action for five years from the obligation to pay. I think the case may already be time barred.