Letter referencing McClure Naismith? The firm closed in 2015 — read this first

If a letter referencing McClure Naismith has just arrived, the most important thing to know is this: the firm itself no longer operates. McClure Naismith LLP — once one of Scotland’s most established commercial law firms, with offices in Glasgow, Edinburgh and London — entered administration in 2015. Any correspondence you receive today is not coming from McClure Naismith. The file has been transferred, sold or otherwise inherited.

This page explains what that means in practice, how to identify who actually holds your file now, and how an IVA treats the underlying debt — including for residents of Scotland where different limitation rules apply.

What happened to McClure Naismith

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McClure Naismith LLP was a long-established Scottish multi-disciplinary firm with a substantial commercial-litigation, banking and debt-recovery practice. The firm went into administration in 2015. At that point:

• Active client matters were transferred to other firms — typically nominated by the administrators or by the underlying clients (banks, debt purchasers, commercial creditors).
• Trading ceased, and the firm’s authorisation by the Law Society of Scotland was wound up under the standard process for solicitors leaving practice.
• Open debt-recovery cases moved with the underlying creditor’s instructions to whichever firm took over conduct.

In practice, that means a letter today bearing the McClure Naismith name is either out-of-date branding on a transferred file, or correspondence from an assignee or successor firm referencing the original instruction. It is not from McClure Naismith.

Why this matters for you

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The legal rights and procedure are the same regardless of who holds the file — but knowing who you are actually dealing with changes the practical steps:

• The client name on the letter (the original creditor, debt purchaser or commercial party) tells you the underlying debt
• The firm now writing to you tells you whose deadlines you have to meet
• The jurisdiction — Scotland or England — tells you which limitation and enforcement framework applies

Reply to the most recent address asking, in writing, who currently has conduct of the file. Until that’s clear, don’t pay anything and don’t acknowledge the debt.

Two checks worth running before you pay anything

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1. Section 77/78 CCA request. If the underlying debt is consumer credit, write to the firm now handling the matter requesting a true copy of the original signed credit agreement, statement of account and notice of assignment. They have 12 working days to respond. While unable to comply, the debt is unenforceable in court.
2. Prescription / statute-barred check. In Scotland, a debt prescribes after 5 years without a payment, written acknowledgement or court action — and once prescribed, the debt ceases to legally exist under the Prescription and Limitation (Scotland) Act 1973. In England and Wales the equivalent is 6 years’ limitation under the Limitation Act 1980.

Many cases on the firm’s books at the time of administration are now over a decade old. The limitation defence is genuinely worth checking first.

Scottish enforcement at a glance

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If the file ended up with another Scottish firm and is being pursued in Scotland, the framework is:

1. Letter before claim demanding payment within a set period
2. Initial writ or simple-procedure action raised in the sheriff court — typically a 21-day response window
3. Sheriff court decree if undefended (the Scottish equivalent of an English CCJ)
4. Charge for payment served by sheriff officers — 14 days to pay before diligence
5. Diligence — earnings arrestment, bank arrestment, attachment of moveable goods or inhibition

If the file moved to an English firm and the underlying debtor is in England, the procedure mirrors a standard county-court claim through the Northampton bulk centre.

Routes out

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• Settle in full with a written discount agreement and a “full and final” clause
• Time-to-pay direction (Scotland) or instalment order (England & Wales)
• IVA if you have £5,000+ of total unsecured debt — recognised UK-wide and binds the firm now holding the case
• Scottish Trust Deed for Scottish residents — the Scottish equivalent of an IVA
• Debt Relief Order in England and Wales for total debt under £50,000 with very low spare income; in Scotland the equivalent is Minimal Asset Process (MAP) bankruptcy
• Sequestration (Scottish bankruptcy) where no realistic monthly contribution is possible

Pitfalls to avoid

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• Don’t pay anything before identifying the current firm — paying a defunct firm is meaningless and won’t reach the actual creditor.
• Don’t ignore a sheriff court writ or county-court claim form — decrees and CCJs are entered by default and are difficult to recall.
• Don’t make a token payment before checking prescription / limitation status — a single payment resets the clock.
• Don’t confuse English and Scottish rules. The frameworks differ — get advice tailored to where the debt is being pursued.
• Be alert to fraud. Letters that demand payment in McClure Naismith’s name, with no successor firm identified, may be impersonation. Report concerns to Action Fraud and the SRA.

Frequently asked questions

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Is McClure Naismith still operating? No. The firm entered administration in 2015. Files transferred to successor firms or assignees at that point.

Will an IVA stop whoever now holds the file? Yes. IVAs are recognised UK-wide and bind the firm now writing to you, regardless of jurisdiction.

The debt is years old — is it still enforceable? If five years have passed in Scotland (six in England) since the last payment or written acknowledgement, with no court action raised, the debt is prescribed or statute-barred and cannot be enforced.

What is a charge for payment? A formal demand served by sheriff officers in Scotland after a court decree, giving 14 days to pay before diligence.

Related guides

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• Aberdein Considine — Scottish solicitors profile
• Aktiv Kapital — defunct entity, current owner pattern
• How long can I be chased for a debt?
• Can debt be written off?
• How do I apply for an IVA?