Ask a Scots Law Question, Get an Answer ASAP!
Thanks for your question. I am a solicitor in Scotland with 35 years of experience in private practice and I hope that I can help you with your question today. Let me have a quick look at your question and I will either give you an initial answer or ask you for further information. I aim to respond as quickly as I can but sometimes I may want to take a little time to consider your question so as to give you the best possible answer. When was the original rental contract? Can you explain your situation a little more please? The more information I have, the better I will be able to answer your question and that is what I want to be able to do.
I can give you a general answer. Assuming they are claiming from you as opposed to them owing you money you can simply do nothing at the moment. If they want to pursue the matter they will have to take you to court. If they do that you will be able to defend the action and at the end of the day, the judge will decide who is right and who is wrong. On th4 other hand they may decide that it’s not with the time or the risk in taking you to court and they might forget all about it. Their claim would time bar after 5 years under Scots law. I hope this helped you today. Please do let me know if I can clarify anything. I am always happy to help. You are always welcome to ask a follow up question if it will help you further.
So to clarify, did you get all your money, the £10,000, back via your bank?
So they would only have a claim against you if insurance didn’t cover the damage to the car and 1. You were negligent, or 2. In breach of contract. If none of these are the case then they have no claim against you.
Negligence is driving in a manner which falls short of driving with reasonable care and attention having regard to things like road and weather conditions.
No, I think that the insurance should cover it because from what you say there was a comprehensive policy with a nil excess. Ans as regards ***** ***** document that is a police matter and you might wager want to remind them of that.
Common law fraud has no time limit.