Scots law on debt?

Question

My aunt received a letter from a debt collecting agency demanding payment for an old debt.

It dates back to 1999/2000, for arrears relating to rates that were not paid on these premises.

she ran this business until ill health took its toll on her,and

she had to go into hospital, eventually giving up the shop.

My uncle paid some of the original debt to help but, could no

longer keep up with the payments. he contacted the firm to explain this, and that was that..no more demands (.last contact was 24/04/2002)

Now over six years later this other firm is demanding full

payment immediately or they'll arrest my aunt.

On the top of the letter it states Sheriff Officers & Messengers-at-Arms.

maybe someone who is familiar with scots law could

help with this nightmare,

If you need more information please ask.

I know some people will want to help, and others who will

want to make stupid remarks, keep the latter to yourself.

Answer 1

they cant take money she dont have. tell her to prepare a financial statement of her income and outgoings. then make them an offer of what she an afford this can be as little as £1 per month. they cant arrest her unless its for business rates or tv licence. if they are still hassling her tell her to go to the county sherif court and get an administration order. under this she will only have to pay what she can reasonably afford each month. also not sure bout scotland ut in england if a company havent got hold of you in 6 yrs the debt can be written off

Answer 2

I am afraid she is owe the money no matter how old it is and when the last contact was!

what she can do is call the company and make an arrangement to pay back the money at say £10 a month, they have to accpet the offer she makes to pay as long as she makes one. They wont arrest her though, thats just to make her scared so she will pay!

Good luck!

Answer 3

id say ignore it...the debt would have been wiped in uk   ?!?!?!?

Answer 4

ok, all the people who say it will be written off after 6 years - WRONG

after six years of no contact it cannot be enforced in a court of law, so they cannot force you to pay.

however the debt still exists and provided they dont harrass you there is no law to stop them asking for payment.