Limitations of Limitation Act?

2520years

Hi All

I've just received a Court Order about an old CC debt of mine, and all the solicitors are off for the holidays, so I'm hoping someone stop me stewing over it.

I'm happy to give the back-story, but to keep it brief:
1) I haven't paid it for well over 6 years, and I've let the DCA know it's beyond the statute of limitations.
2) Their argument seems to be that my ex-wife paid £1/month for some time within the last 6 years even though the debt's only in my name (I know this is strange, but it was a verbally agreed part of her business when we separated).

So, does the Limitation Act include payments by any Tom, Rick or Harry, or does it only include payments by the person who's debt it is?

Thanks in advance for any expert help :T
It is appreciated!

bris

If the £1 has been paid then it resets the debt. So who pays it doesn't matter, it's still a valid debt as it been paid for you.


You're right it's strange but it still means the debt has been recognised within the last six years.

2520years

Thanks Bris.

It doesn’t seem right to me, for a few reasons. However, it won’t be the first time I’ve said that!

It’s probably too late to contact the DCA to make them an offer, but I might try that. I don’t want a CCJ.

Cheers

agrinnall

Can your ex-wife confirm that she actually did make the payments? I wouldn't put it beyond the bounds of possibility for the DCA to say that it happened just to reset the clock.

2520years

I thought exactly the same, so I asked them to send statements, which they eventually did.

[Deleted User]

Doesn’t matter who makes payments it counts as being paid.

So you’ll need to ask when the last payment was made because that will be when the 6 year limitation begins from now

Nebulous2

2520years wrote: »

I thought exactly the same, so I asked them to send statements, which they eventually did.

If it's a very old debt - did you also get them to send you a credit agreement?

2520years

I think they did but I’ll double check. Would it not be enforceable without it?

Assuming they did, is it likely they’d accept £1/month again? I work part-time on a temporary contract so Iit wouldn’t be wise to offer any more.

I wouldn’t normally ring them, I’d normally write, but at stage would it matter? I’ve limited time to reply to the Court Claim form.

:money:

Nebulous2

Post on the debt free wannabe forum. They are more geared up to advice for you than here - but as I understand it it depends on the age of the debt. You may also be able to use the fact you are waiting for a response to a prove it letter as a defence for the court. It is absolutely crucial you get that right though, if you miss dates to respond you might get a CCJ by default.

boo_star

!!! wrote: »

Doesn’t matter who makes payments it counts as being paid.

So you’ll need to ask when the last payment was made because that will be when the 6 year limitation begins from now

From what I can gather the statute does not back this up. Only the debtor or one of their agents can make a payment or acknowledgement which resets the clock.

This does make sense. If anyone could make a payment and reset the clock then DCAs would be making token payments to debtors accounts to reset the clock whenever they came close to being statute barred.

I suspect however that that given the divorce agreement between the OP and his wife that she would be considered an agent for the OP for the purposes of the act.

IANAL however.

chattychappy

boo_star wrote: »

From what I can gather the statute does not back this up. Only the debtor or one of their agents can make a payment or acknowledgement which resets the clock.

Yep s29 Limitation Act 1980 (the debtor must pay/acknowledge) and s30 (which extends it to agents). As you say an alternative interpretation would be open to abuse.

Perhaps the posters who were so categorical in saying that anybody paying would reset the clock can back up their view with a precedent.

But I also agree with your conclusion - there is a good case here that the wife is acting as some sort of agent.