Dear Sir/Madam
Account No:
You have contacted me regarding the account with the above reference number, which you claim I owe. I do not admit any liability for your claim.
The Prescription and Limitation (Scotland) Act 1973 Part 1, Section 6 states the following.
“If after the appropriate date, an obligation to which this section applies (an appropriate debt) has subsisted for a continuous period of five years-
(a) without any relevant claim having been made in relation to the obligation, and
(b) without the subsistence of the obligation having been relevantly acknowledged,
then as from the expiration of that period the obligation shall be extinguished…”
Also, the Financial Conduct Authority's Consumer Credit sourcebook states the following:
"In Scotland, a statute barred debt ceases to exist and is no longer recoverable if:
(1) a relevant claim on behalf of the lender or owner has not been made during the relevant limitation period; and
(2) the debt has not been acknowledged by, or on behalf of, the customer during the relevant limitation period." 7.15.3
"A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8
Unless you can provide evidence of payment or written contact from me in the relevant period under Part 1 Section 6 of the above Act, you are no longer able to take any court action against me to recover the amount you allege I owe.
Please confirm in writing that you will not make any further contact about the above claim and confirm that this matter is now closed.
I look forward to hearing from you.
Yours faithfully