Help! I've acknowledged a debt that I now think is statute barre

NicolaElize

Hi there

First post here and beginning of my debt free self!

I think I've made a silly mistake. My partner has had letters from
3 debt collectors which have up until now been ignored, however in a bid to clear our debts I've emailed them on his behalf (from his email with his permission as he refused to phone), to two I more or less acknowledged the debt and offered payment on one and a reduced settlement figure on the other. The third I simply requested the details of any debt they believe they hold in his name.

After I sent these I then read something about debts becoming statute barred after 6 years and I believe all three are as the debts are from 2008/9 and he's so awful with money I know for a fact he won't have attempted to pay or acknowledged any letters etc.. so now I'm kicking myself that maybe I've just agreed to pay something we didn't have to. My question is does anyone know if I have now acknowledged it after the 6 year period and a debt has indeed become statute barred, does my (stupid) acknowledgement reset the clock?

I appreciate in all reality it's probably just best to pay them off but we really can't afford it on account of our other unavoidable but huge debts, so ideally would like to avoid it possible. I was enquiring into the details so I can include them onto our DMP which is already set to be absolutely massive! Unfortunately was so keen to get it all sorted I didn't really do my research!

Both of our credit ratings are absolutely dreadful so not too bothered about that at the mo.

Any advice would be hugely appreciated and put my mind at rest one way or the other.

Thanks in advance!

sourcrates

Hi,

You can only formally acknowledge a debt, if you do so in writing.

An email would not count in my opinion.

So you should be ok.

If you believe the debts to be statute barred, you should send a letter saying so.

Angry_Bear

sourcrates wrote: »

Hi,

You can only formally acknowledge a debt, if you do so in writing.

An email would not count in my opinion.

I believe that legally, emails count. (Happy to be corrected)

So you should be ok.

If you believe the debts to be statute barred, you should send a letter saying so.

However ... you cannot "un-statute bar" a debt, so if there was ever a 6-year continuous period where the debt wasn't acknowledged, then it is statute barred even if it has been acknowledged since.

fermi

Possible letter --> http://forums.moneysavingexpert.com/showpost.php?p=34906321&postcount=6

[Deleted User]

Angry bear is correct, it is statute barred if no acknowledgement is made in six years; the fact that it was acknowledged after the six year limit makes no difference. It is still statute barred.

MisterBaxter

The person responsible for the debt hasn't actually acknowledged it at all as it was done through a third party so unless the email/letter acknowledging the debt was accompanied by something in writing from the debtor authorising a third party to act on their behalf the debtor could still deny acknowledging the debt. May be more difficult to prove as you sent it from his mail and if you signed it off in his name but you could provide a written statement that this is what you did if it ended up in court.

If the debt was statute barred before the emails were sent and you do want to make some form of payment then I would have thought that a settlement offer would probably be accepted by any company who knew that the debt was statute barred on the basis that something is better than nothing.