complaining about irresponsible lending reset stat bar clock

robboa

Hello

If a debt is stat barred but you complain about irresponsible lending - does this reset the clock?

Willing2Learn

https://legalbeagles.info/forums/forum/money-debt/payday-loans-short-term-loans/74171-does-complaining-to-the-fos-reset-the-statute-barred-clock

[Deleted User]

If a debt is statute barred, i'd leave it well alone.

fatbelly

robboa wrote: »

Hello

If a debt is stat barred but you complain about irresponsible lending - does this reset the clock?

The discussion W2L refers to is very interesting - I hadn't seen it before. But it is an answer (or at least a response) to the question:

If you complain about irresponsible lending - does this reset the stat barred clock?

whereas you asked

If a debt is stat barred but you complain about irresponsible lending - does this reset the clock?

The answer is no.

Limitation Act 29(7) says

a current period of limitation may be repeatedly extended under this section by further acknowledgments or payments, but a right of action, once barred by this Act, shall not be revived by any subsequent acknowledgment or payment.

Once it's statute barred it stays that way. You can complain all you like - there's no downside for you because the account is unenforceable in court. No reason to leave it alone

Willing2Learn

Thanks fatbelly, I've just spent the last 15 minutes reading & re-reading Limitation Act S29, and I think I have to agree with you. It is pretty clear that an SB account will stay SB, even if the account has been subsequently acknowledged.

@OP - You should go ahead and make your complaint

sourcrates

Once statute barred, it cannot be unbarred, despite what some debt collectors may try to tell you.