Statute barred debts and the Limitation Acts

fatbelly

Laura2000 wrote: »

Hi, Does an email count as acknowledging the debt in writing?
Many thanks in advance for any advice.

Hi Laura

That's a good question and you will find 'yes' and 'no' answers on forums.

So, at the risk of getting a bit technical I'm going to quote from a Debt Adviser training course I found very useful a few years back. If you want to skip the text, the answer is that it can do.

An acknowledgement must be in writing. It must be signed by a person liable for the debt or an agent working on that person's behalf and must be made to the person who has the claim or that person's agent. It is not necessary that an acknowledgement is signed personally in the handwriting of the person acknowledging the debt.

In Good Challenger v Metalexportimport a debt was admitted in a telex which included the typed name of the debtor's agent. The Court of Appeal decided that 'a document is signed by the maker of it when his name or mark is attached to it in a manner which indicates, objectively, his approval of the contents'.

Regarding email it was considered in Metha v Fernandes whether the presence of an automatically generated email address constitutes a signature. However this was rejected in that 'it is not inserted by the sender of the email in any active sense'

A 2001 Law Commission report Electronic Commerce advised that statutes requiring signature could be satisfied by the test 'whether the conduct of the would-be signatory indicates an intention to authenticate the document. Digital signatures, scanned manuscript signatures, typing one's name and clicking on a website button are, in our view, all methods of signature which are generally capable of satisfying a statutory signature requirement'

Laura2000

Thank you very much fatbelly.

Staceyd88

Im after a little advice please...

I purchased a car on finance through British Credit Trust back in June 2007 for roughly £5000. A lot of problems occured around December 2008 (can't be exact) and stupidly I stopped making payments. The car was handed back in November 2009. I received letters from British Credit Trust demanding payment but I ignored them. They then went into liquidation. Since moving from my parents house I hadn't received any other letters until last week.
I have received a Judgement for Claiment from the court demandning £180 a month. I have contacted BW Legal who have obviously bought the debt and they advised me that the last credit to the account was December 2009 for £1600. This is from when the car had gone to auction. I explained to them I thought it was Statute Barred and was showing as settled on my credit file but they are stating because there was a credit (even though it wasnt from me) it isn't statute barred. Is this correct?
I am new to all this and just need a little advice.

Many thanks

sourcrates

staceyd88 wrote: »

I explained to them I thought it was Statute Barred and was showing as settled on my credit file but they are stating because there was a credit (even though it wasnt from me) it isn't statute barred. Is this correct?
I am new to all this and just need a little advice.

Many thanks

Hi,
Contact or payment has to be made from the debtor, if you did not pay this, then they are incorrect.

more info here :

http://moneyaware.co.uk/2013/10/statute-barred-debt/

antrobus

sourcrates wrote: »

Hi,
Contact or payment has to be made from the debtor, if you did not pay this, then they are incorrect.

more info here :

http://moneyaware.co.uk/2013/10/statute-barred-debt/

Would it not depend on whether or not the action of handing the car back in November 2009 counted as 'contact' in terms of an 'acknowledgment of the debt'?

Someone seems to have asked a similar question here - http://www.justanswer.com/uk-traffic-law/7um3z-hi-is-possible-clarify-limitations-act-relation.html - and an allegedly legal type person says that they think it would. For what that's worth.

rizla_king

staceyd88 wrote: »

Im after a little advice please...

I purchased a car on finance through British Credit Trust back in June 2007 for roughly £5000. A lot of problems occured around December 2008 (can't be exact) and stupidly I stopped making payments. The car was handed back in November 2009. I received letters from British Credit Trust demanding payment but I ignored them. They then went into liquidation. Since moving from my parents house I hadn't received any other letters until last week.
I have received a Judgement for Claiment from the court demandning £180 a month. I have contacted BW Legal who have obviously bought the debt and they advised me that the last credit to the account was December 2009 for £1600. This is from when the car had gone to auction. I explained to them I thought it was Statute Barred and was showing as settled on my credit file but they are stating because there was a credit (even though it wasnt from me) it isn't statute barred. Is this correct?
I am new to all this and just need a little advice.

Many thanks

I would go and get help here: http://www.legalbeagles.info/forums/

They will enjoy giving BW a good legal kick in the whatsits for that if possible.

sourcrates

antrobus wrote: »

Would it not depend on whether or not the action of handing the car back in November 2009 counted as 'contact' in terms of an 'acknowledgment of the debt'?

Someone seems to have asked a similar question here - http://www.justanswer.com/uk-traffic-law/7um3z-hi-is-possible-clarify-limitations-act-relation.html - and an allegedly legal type person says that they think it would. For what that's worth.

It may do, i`d follow Rizla`s advice and ask on Legal Beagles.

Staceyd88

sourcrates wrote: »

It may do, i`d follow Rizla`s advice and ask on Legal Beagles.

Thanks everyone...I'll ask on there

x_skurvy_x

Hi

I was wondering if anyone would be able to help.

My partner has a debt from over six years ago (nearly 7) and has NEVER made contact with them.

However, today he received a threatening letter and stupidly called them (before speaking to me) and agreed to set-up a DD to clear the debt.

I was wondering is there anything he can do? or is it too late now?

thanks

poppasmurf_bewdley

x_skurvy_x wrote: »

Hi

I was wondering if anyone would be able to help.

My partner has a debt from over six years ago (nearly 7) and has NEVER made contact with them.

However, today he received a threatening letter and stupidly called them (before speaking to me) and agreed to set-up a DD to clear the debt.

I was wondering is there anything he can do? or is it too late now?

thanks

If he had not paid anything or acknowledged the debt for six years or more, then the debt is probably statute barred. Setting up a DD does not invalidate the debt being statute barred as once it becomes SB, it cannot be unbarred. Your partner needs to send the statute barred letter.

http://forums.moneysavingexpert.com/showpost.php?p=34906257&postcount=5