Statute limited..?

longleggedhair

I think you should do something-pay what you owe. You took the money, and other borrowers end up paying more to cover people like you who don't honour their debts.

molerat

The creditor had the legal time frame of 6 years to do something about the debt. I am all for people paying what they owe but if lenders can't be bothered why should anyone else. Never poke a sleeping tiger with a stick !

fatbelly

sourcrates wrote: »

This would be open to legal argument, the limitations act states :

“A payment made by you or your agent”

Your argument would rest on weather the creditor was acting as your agent, or not.

You could maintain your statute barred defence anyway, if you were contacted about this debt, it would be up to them to decide if it was worth fighting it or not.

It wouldn't be a very good argument. Section 30 is clear that the debtor or his agent must make the acknowledgement to the creditor or their agent. The creditor can't re-start the clock by making a payment to themselves.

However some District Judges appear to have no working knowledge of the Act, so it would have to be set out clearly if it ever came to a defence.

kingeri

I thought this would be the case, and I certainly didn't make any payment myself. Thanks.

kingeri

I've been reading around the net about this, and just wanted clarification on two further points.

If the creditor has kept in touch with the debtor, as in my case with regular statements, can this affect whether the debt becomes statute barred?

Also, if a debt is statute barred and the case goes to court, does a judge have any powers to disregard the Limitations Act and enforce the debt anyway?

Many thanks.

Rich7111

kingeri wrote: »

I've been reading around the net about this, and just wanted clarification on two further points.

If the creditor has kept in touch with the debtor, as in my case with regular statements, can this affect whether the debt becomes statute barred?

Also, if a debt is statute barred and the case goes to court, does a judge have any powers to disregard the Limitations Act and enforce the debt anyway?

Many thanks.

No, it's only written acknowledgement and or payment that counts, them sending you statements does not affect the Limitations act what so ever.

As for a Judge, no he cannot make his own laws up and change what he chooses, however, some debt collectors etc can claim a random payment of a pound was made by you or argue the debt isn't actually statue barred, then it's down to a judge to make a call.

If this does happen and you are 100% sure you can appeal, but it's expensive, you should be totally fine anyway.