Statute Barred?

GlynD

Tixy wrote: »

Regardless of what the website in your link states I can assure you that interpretation of the Limitation Act is incorrect - and not how judges have interpreted it in court.

Z'at a fact? Then why does HMRC say different?

If the debtor acknowledges the debt in writing or makes a part payment within the original limitation period, then the time limits start to run again from the date of acknowledgement or the date of payment.

http://www.hmrc.gov.uk/manuals/IHTmanual/IHTM28384.htm

RAS

GlynD wrote: »

http://www.cleardebt.co.uk/

And why would you believe them when you have a highly reputable debt charuity advising the OP correcting?

No payment or written acknowledgement by the debtor is the determining criteria; it does not matter how many times the creditor has written or tried to contact the debtor.

Willing2Learn

Just want to say that the quote given by GlynD is also correct as "If the creditor does not contact you (the debtor) for 6 years or more, you (the debtor) may be able to claim that the outstanding debt is Statute Barred under the conditions of the Limitations Act." would also mean the debt has not been acknowledged by the debtor. GlynD has simply misinterpreted how this may be applied.

Edit: And also misinterpreting the info given by HMRC as that clearly stipulates that acknowledge by th debtor and payments made are the criteria used to determine whether a debt is statute barred

fermi

GlynD wrote: »

Z'at a fact? Then why does HMRC say different?

If the debtor acknowledges the debt in writing or makes a part payment within the original limitation period, then the time limits start to run again from the date of acknowledgement or the date of payment.

http://www.hmrc.gov.uk/manuals/IHTmanual/IHTM28384.htm

Yes?

And acknowledgement in that context must be made by the debtor in writing and signed by them.

Doesn't matter what the creditor does/writes. It has no effect.

RAS

GlynD wrote: »

Z'at a fact? Then why does HMRC say different?

If the debtor acknowledges the debt in writing or makes a part payment within the original limitation period, then the time limits start to run again from the date of acknowledgement or the date of payment.

http://www.hmrc.gov.uk/manuals/IHTmanual/IHTM28384.htm

Because the HMRC are saying something completely different to what you said

If the creditor does not contact you (the debtor) for 6 years or more, you (the debtor) may be able to claim that the outstanding debt is Statute Barred under the conditions of the Limitations Act

fermi

Been through this nonsense with Cleardebt before.

See: Payplan & cleardebt.co.uk misleading take on the Limitations Act 1980

Tixy

GlynD wrote: »

Z'at a fact? Then why does HMRC say different?

If the debtor acknowledges the debt in writing or makes a part payment within the original limitation period, then the time limits start to run again from the date of acknowledgement or the date of payment.

http://www.hmrc.gov.uk/manuals/IHTmanual/IHTM28384.htm

Yes its a fact.
Your quote in italics is not contradictory to what I or Willing said. Your quote in italics does not even mention the particular point in question - which is in relation to the creditor chasing the debtor during the 6 years.

fermi

OK. To get back on track......

ShaunJUK: Can you tell us how long it has been since you last made any payments to these debts or acknowledged them yourself in writing?

i.e. has there been a period of 6 continual years during which you did not?

ShaunJUK

Wow logged in expeting maybe a reply.

Someone asked is it 6 years, I stopped paying the debt in 2006 however i seem to remember on my credit file it was sold and a date in 2007 made an appearance.

Any ideas on the second part of the question, what happens if I settle on the reduced amount? If the debt has gone from my credit file will this cause it to reappear just to state settle?

Tixy

ShaunJUK wrote: »

Wow logged in expeting maybe a reply.

Someone asked is it 6 years, I stopped paying the debt in 2006 however i seem to remember on my credit file it was sold and a date in 2007 made an appearance.

Any ideas on the second part of the question, what happens if I settle on the reduced amount? If the debt has gone from my credit file will this cause it to reappear just to state settle?

If it has gone from your file then nothing (paying / not paying) will make the entry reappear.
If its still on one of you credit reports then it will drop off 6years after the default date regardless of whether you pay or not.

If you definitely last paid in 2006, and you haven't written to the creditor or a debt collector since then it would be statute barred by now (providing they have not obtained a CCJ against you already).