Help re Statute Barred

itsdagal

Having researched this further, as the action of transferring accounts was undertaken by the creditor ie Nationwide - surely this does not affect the statute of limitations as no acknowldgement or payment has been made by me, the debtor - is this correct?

Tixy

I don't think anyone on here will really be able to give you a definitive answer.
You could maybe try calling national debtline and asking for their opinion on your situation.

itsdagal

I see the national debtline poster is on site - could you maybe post your opinion on this matter please.


Thanks

National_Debtline

itsdagal wrote: »

I see the national debtline poster is on site - could you maybe post your opinion on this matter please.


Thanks

Hello there,

We're currently researching a definitive answer for you.

An important case to consider is Re Footman Bower & Co Ltd [1961] 2 ALL ER 972.

It states 'Appropriation by a creditor of a sum received by a debtor towards the satisfaction of a particular debt, be it statute barred or not, cannot make such appropriation a 'payment in respect thereof..'

In a nutshell, to constitute a part-payment you MUST have specifically appropriated a payment towards THAT particular debt.

My gut feeling is that the payment would not start time running afresh, however I'm going to seek a second opinion and will report back.

Very best wishes,

David @ NDL.

itsdagal

Thank you David - logically this seems like the right way to read the situation.

National_Debtline

Hello again,

Our understanding is that so long as your payment was specifically appropriated against the other debt it should not affect the running of time. The following is taken from our limitations training notes: Where a debtor makesa payment to a creditor without appropriating (allocating) the money to one of a number of debts, the creditor can appropriate the money to whichever debt it chooses. Where this happens the payment is not a payment by the debtor ‘in respect of’ the debt to which the creditor appropriates the money (or any other debt).

You may wish to seek a qualified legal second opinion. The information I have posted up is simply our understanding based around the information you have posted in your thread.

Best wishes,

David.

itsdagal

Thank you very much for the information David. Much appreciated.

fermi

tiredandstressed wrote: »

Hello,

I'm sorry to be hijacking this thread but I was hoping for some advice.

Moved to a separate thread --> https://forums.moneysavingexpert.com/discussion/4953693