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    • Gettingitsorted67
    • By Gettingitsorted67 14th Nov 17, 4:10 PM
    • 1Posts
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    Gettingitsorted67
    Statute of Limitations - PPI Payment
    • #1
    • 14th Nov 17, 4:10 PM
    Statute of Limitations - PPI Payment 14th Nov 17 at 4:10 PM
    Hi all,

    Just a quick question that I hope one of you can assist me on.

    I am trying to get back on track with debts/finances that arise from my time with my ex, though naively, they were all in my name.

    Anyway, I have a couple of accounts that I believe are beyond the 6-year timescale from when I discussed the account or made a payment/arrangement with the clients.

    I have spoken to the debt collection agencies that are managing the accounts just now and when I said that I believe that they are within the statute limitation requirements, they said that there was a payment to two of the accounts 5 years, 7-months ago, The payments were not made by myself, but were from the client directly and were the result of a PPI claim I made on the aco!!!!s at the time. I was never given the choice to receive the PPI refund or put towards the outstanding balance, the client (Santander - Cahoot) did it automatically.

    The debt agencies are claiming that this disregards any statute limitation requests, but I challenged this by claiming that I had no part of the decision to pay the PPI refund to my balance.

    While I appreciate that I made the PPI refund claim initially does this impact the Statute of Limitation request?
Page 1
    • -taff
    • By -taff 14th Nov 17, 5:59 PM
    • 7,102 Posts
    • 5,098 Thanks
    -taff
    • #2
    • 14th Nov 17, 5:59 PM
    • #2
    • 14th Nov 17, 5:59 PM
    Don't know if it does, but it wasn't a payment by you, it was a payment by the company themselves. So in effect, you didn't acknowledge the debt except by making a PPI complaint.

    You wouldn't have had a choice whether it got paid to you or not because all companies can offset any redress against amounts owing in arrears, default or written off.
    • fatbelly
    • By fatbelly 14th Nov 17, 8:30 PM
    • 11,519 Posts
    • 8,653 Thanks
    fatbelly
    • #3
    • 14th Nov 17, 8:30 PM
    • #3
    • 14th Nov 17, 8:30 PM
    Not sure I completely follow your post but to count as an acknowledgement a payment must be made by the 'debtor or his agent'

    As taff says, an internal correction would not be an acknowledgement under that definition

    If they are convinced they are correct then they must start a court claim and let the courts decide.
    • sourcrates
    • By sourcrates 14th Nov 17, 9:12 PM
    • 12,432 Posts
    • 11,837 Thanks
    sourcrates
    • #4
    • 14th Nov 17, 9:12 PM
    • #4
    • 14th Nov 17, 9:12 PM
    As Fatbelly says, under the circumstances you describe, only a ccourt could decide if it counted as acknowledgement or not.

    If I were you, I would continue with your statute barred position, and see what they do.

    It would depend if they were certain of their legal position, and how much time, effort and money they want to throw at it as to weather they instigated legal action or not.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • -taff
    • By -taff 15th Nov 17, 8:29 AM
    • 7,102 Posts
    • 5,098 Thanks
    -taff
    • #5
    • 15th Nov 17, 8:29 AM
    • #5
    • 15th Nov 17, 8:29 AM
    I'm not sure whether by making a PPI complaint you acknowledged the debt and whether that needs to happen or you need to make a payment for it to count as 'acknowledging' it.

    Phone the National debtline and see what they say.
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