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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 13321
Experience:  30 years as a practising solicitor.
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If person A gives power of attorney to person and person A

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If person A gives power of attorney to person B and person A owes money , from some years ago, to person B, can person B collect the owed money from bank account of person A ?

Thanks for your question. I am a solicitor in Scotland. Yes, the. Attorney can take the money owed, provided that the debt was never in dispute and isn't over five years old with no admission of the debt within that period. I hope that helps. Please leave a positive rating so that I am credited for my time.

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Customer: replied 1 year ago.
Thank you for your reply. Would a verbal admission of the debt, and wish to pay the money, be acceptable? (the debt goes back 36 years)
Customer: replied 1 year ago.
The verbal admission and wish to repay were made less than 5 years ago.

The Act of Parliament refers to a written acknowledgment of the debt within the last five years.

See section 10 of the Prescription and Limitation (Scotland) Act 1973.

Customer: replied 1 year ago.
Would it make a difference that the debt was made in England years before person A moved to Scotland?

No, the law in England is similar except there is a six year period rather than a five year one.