Acknowledgment of debt

Marty_id

Can email be counted as Acknowledgment of debt?

It's in relation to debts that have fell off my credit file but i'm worried that they might give me a CCJ if they take an email as Acknowledgment of debt.

The debts are about 8 years old not.
I don't get threatening letters anymore but I have just received a financial statement.

I believe I did send an email a few years back asking what debt lowells have on me and what type of payment arrangements they do.

sourcrates

Hi,

No one just gives you a CCJ.

There is a court process to follow.

If you have just sent a generic email, not referencing any particular debt, then that is not acknowledgement no.

If you have not otherwise acknowledged or paid these accounts for over 8 years, then they would be statute barred now.

EssexHebridean

To clarify - YOU emailed THEM a few years back asking about payment plans etc? Did you hear back from them at that stage? Was anything put into place? Does the statement you have now received make any mention of specifics, and if so do you recognise them as being debts that you are aware you may have owed, or is it just a form of "fishing" message?

fatbelly

Marty_id wrote: »

I believe I did send an email a few years back asking what debt lowells have on me and what type of payment arrangements they do.

That strikes me as a general enquiry, not an acknowledgement of a debt.

fatbelly

Marty_id wrote: »

I don't get threatening letters anymore but I have just received a financial statement.

It's an annual statement. Ignore it. If they start a court claim, defend it on the grounds that the debt is statute barred.

National_Debtline

Hi marty_id,


An email could be classed as a written acknowledgement, however, the key issues would be, the wording of the letter and when it was sent. If, for example, you used the provit letter, and stated that you do not recognise the debt and would like more details, that is unlikely to be considered an acknowledgement.

And if the letter was sent after the limitation period had already expired, then the wording is less relevant because a written acknowledgement or payment made after a debt is statute barred cannot revive the debt.
You need to think carefully what you sent before. If the debt is approx. 8 years old, but you sent a written acknowledgement within 6 years of the debt falling due, it would restart the limitation clock and the creditor would have a further 6 years to chase you in court.


But, one last thing to remember, is that it is up to the creditor to prove a valid written acknowledgement or payment that means the debt is not statute barred. Good luck,


Laura
@natdebtline