Limitations of the Limitation Act?

2520years

Hi there

I hope someone can help me, I'm worried about an old credit card debt in my name - I've just received a County Court Claim form, and all the solicitors are off for the holidays, so I'm sat here stewing.

Anyway, I can give the back story if it helps, but suffice it to say that:
1) I haven't paid anything towards it for well over six years.
2) I told the DCA this more than once, in writing.
3) Their argument is that my ex-wife was paying £1/month within the six years. (I know that's odd, but it was part of the agreement when we split up, that she paid that as it was related to her business.)

So, when the Limitation Act says six years, does that mean any payment, by any Tom, !!!! or Harry, or does it have to be by the Defendant (me)?

I know I'll still have to speak to a solicitor, but any expert replies would be gratefully received.

Thanks :T

sourcrates

Moved to the general DFW forum for more help l

Farmer_Johnson

Your wife was acting as your agent as per your agreement.

Remember, though, the debt is not extinguished after six years, it is still owed, and you are still able to pay it.

fatbelly

2520years wrote: »

Hi there

I hope someone can help me, I'm worried about an old credit card debt in my name - I've just received a County Court Claim form, and all the solicitors are off for the holidays, so I'm sat here stewing.

Anyway, I can give the back story if it helps, but suffice it to say that:
1) I haven't paid anything towards it for well over six years.
2) I told the DCA this more than once, in writing.
3) Their argument is that my ex-wife was paying £1/month within the six years. (I know that's odd, but it was part of the agreement when we split up, that she paid that as it was related to her business.)

So, when the Limitation Act says six years, does that mean any payment, by any Tom, !!!! or Harry, or does it have to be by the Defendant (me)?

I know I'll still have to speak to a solicitor, but any expert replies would be gratefully received.

Thanks :T

This is not a joint debt, being a credit card account. So the question here is whether your ex's payments count as acknowledgement, since it is clear that you (the debtor) did not acknowledge the debt by payment or in writing, for a period of six years. And it seems the claimant accepts this.

The Limitation Act 1980 s 30 says that any acknowledgment or payment—

(a) may be made by the agent of the person by whom it is required to be made under that section; and

(b) shall be made to the person, or to an agent of the person, whose title or claim is being acknowledged or, as the case may be, in respect of whose claim the payment is being made.

Was she acting as your agent? Ultimately only a court can determine this. The claimant would not necessarily know that this was part of a formal agreement. You could try saying that she was not acting as your agent under s30 and point out that this was not a joint debt.

But you now have a claim form and time is running so you do need to be acting on this. There is guidance and help here:

https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues/received-a-court-claim?105-Received-a-Court-Claim=

There's a helpful little box on the right hand side with links to first steps and new thread

Just_Di

2520years wrote: »

an old credit card debt in my name - I've just received a County Court Claim form
. . . . Their argument is that my ex-wife was paying £1/month within the six years. (I know that's odd, but it was part of the agreement when we split up, that she paid that as it was related to her business.) I know I'll still have to speak to a solicitor

Was the agreement to pay this debt formalised with your ex-wife as part of any overall divorce settlement perhaps a court Order?

If it was, then you may need to explore the potential of joining your ex-wife into these proceedings as a Part 20 Defendant. This legal procedure is explained here > https://uk.practicallaw.thomsonreuters.com/9-107-6966?transitionType=Default&contextData=(sc.Default)&firstPage=true&comp=pluk&bhcp=1

In simple terms someone makes a claim against you, and you then claim that amount from a third party all in the same legal proceedings. That's a very basic explanation

Or was it an informal agreement which you'd struggle to prove if it was a verbal agreement which could place you in a 'he said, she said' situation in court if your ex-wife contests it? That doesn’t mean you couldn’t involve her in the claim.

My next suggestion is you send a s77-79 CCA Request to the Claimant (the current debt owner). If they can't/don't comply with your CCA Request within the statutory time-frame then the debt becomes unenforceable in court until or unless they do comply. This may protect your legal position while you seek some free legal advice on your overall legal situation.

When defending a claim you should plead as many legal arguments as possible in the event a Judge isn't persuaded by just one. If your Statute Barred Defence isn't a potential winner (and you don't know that yet) you need other arguments.

Who was the original credit card provider, when (what year) did you open the account and how (online, in branch, in response to an invitation mailshot etc)?

Was there PPI on the account?

Have you been served with a Notice of Sums in Arrears (s86) every year since the account was defaulted?

Is the account still with the original creditor or has it been assigned (sold) to a debt purchaser? If so (sold) did you receive a valid Default Notice and Termination Notice before it was assigned? Did you receive a valid Notice of Assignment?

There can be many reasons to defend a claim.

So I also suggest you send a Subject Access Request to the original creditor to get the history of this account.

But your first priority is to go online and file your Acknowledgment of Service using the password on the claim form. You should tick the box which says you “intend to defend all of the claim”. The deadline to do this is 19 days from the Claim Issue Date. Once you’ve filed the AOS you’ll have 33 days from the claim Issue Date to file your Defence.

Di