Limitation Act

Irishmoon

I was contacted my a debt collecting agency this time last year for a debt that hasn't been paid since April 2005. I have however been paying the debt collecting agency since November last year, can I contact them and quote this legislation to them or is it too late as I am paying off the debt...????

Curr946

do you mean statute barred? As you have starting paying they can still ask for payments and enforce in courts. However, the default will still drop off.

fermi

Irishmoon wrote: »

I was contacted my a debt collecting agency this time last year for a debt that hasn't been paid since April 2005. I have however been paying the debt collecting agency since November last year, can I contact them and quote this legislation to them or is it too late as I am paying off the debt...????

If there was a six year gap during which you neither acknowledged in writing or made a payment, then the debt would likely have been statute barred when they contacted you last year.

Once a debt is statute barred, it stays that way. Permanently. Payment or acknowledgement after that DOES NOT "unbar" it.

See: https://forums.moneysavingexpert.com/discussion/comment/34906321#Comment_34906321

If you are not 100% sure, then give National Debtline a call to talk it through.

Irishmoon

Yes, statute barred. Think I'll seek legal advice first.

thanks

Irishmoon

@ Fermi - does this still apply even though I now live in Northern Ireland? Original debt was taken while living in England.

fermi

Irishmoon wrote: »

@ Fermi - does this still apply even though I now live in Northern Ireland? Original debt was taken while living in England.

Seems to apply in NI as it does in England?

http://www.legislation.gov.uk/nisi/1989/1339/article/59/made

(4) A right of action, once barred by this Order, is not revived by any subsequent acknowledgment.

and

http://www.legislation.gov.uk/nisi/1989/1339/article/67/made

(3) A right of action, once barred by this Order, may not be revived by any subsequent payment.

Although, as said, may be worth you getting advice from a professional debt advisor who is familiar with NI matters.

Somewhere like this maybe?

http://www.advice4debtni.com/

Irishmoon

@ Fermi - thank you, have already contacted advice4debtni, just waiting on their response.

DevCoder

Curr946 wrote: »

do you mean statute barred? As you have starting paying they can still ask for payments and enforce in courts. However, the default will still drop off.

Correct, OP you have acknowledged the debt by paying towards it so the 5/6 year counter will be reset with each payment.

The default will drop off but you are still liable to pay and court/CCJ could be enforced.

fermi

krisdorey wrote: »

Correct, OP you have acknowledged the debt by paying towards it so the 5/6 year counter will be reset with each payment.

If it was already statute barred before that, then no, it does not reset the clock again.

DevCoder

fermi wrote: »

If it was already statute barred before that, then no, it does not reset the clock again.

Sorry, re-reading the OP I agree.

As long as the re-acknowledgement of the debt occurred 6 years after the payment was missed, this does not necessarily equal the default date. If Ive read the regs correctly