Statute of Limitations - PPI Payment

Gettingitsorted67

Hi all,

Just a quick question that I hope one of you can assist me on.

I am trying to get back on track with debts/finances that arise from my time with my ex, though naively, they were all in my name.

Anyway, I have a couple of accounts that I believe are beyond the 6-year timescale from when I discussed the account or made a payment/arrangement with the clients.

I have spoken to the debt collection agencies that are managing the accounts just now and when I said that I believe that they are within the statute limitation requirements, they said that there was a payment to two of the accounts 5 years, 7-months ago, The payments were not made by myself, but were from the client directly and were the result of a PPI claim I made on the aco!!!!s at the time. I was never given the choice to receive the PPI refund or put towards the outstanding balance, the client (Santander - Cahoot) did it automatically.

The debt agencies are claiming that this disregards any statute limitation requests, but I challenged this by claiming that I had no part of the decision to pay the PPI refund to my balance.

While I appreciate that I made the PPI refund claim initially does this impact the Statute of Limitation request?

-taff

Don't know if it does, but it wasn't a payment by you, it was a payment by the company themselves. So in effect, you didn't acknowledge the debt except by making a PPI complaint.

You wouldn't have had a choice whether it got paid to you or not because all companies can offset any redress against amounts owing in arrears, default or written off.

fatbelly

Not sure I completely follow your post but to count as an acknowledgement a payment must be made by the 'debtor or his agent'

As taff says, an internal correction would not be an acknowledgement under that definition

If they are convinced they are correct then they must start a court claim and let the courts decide.

sourcrates

As Fatbelly says, under the circumstances you describe, only a ccourt could decide if it counted as acknowledgement or not.

If I were you, I would continue with your statute barred position, and see what they do.

It would depend if they were certain of their legal position, and how much time, effort and money they want to throw at it as to weather they instigated legal action or not.

-taff

I'm not sure whether by making a PPI complaint you acknowledged the debt and whether that needs to happen or you need to make a payment for it to count as 'acknowledging' it.

Phone the National debtline and see what they say.