bwlegal - Limitation Act 1980 Query

Coupon-mad

Uptown_Boy said:

Coupon-mad said:

See above...no.

Sorry but your statement doesn't answer the question (I had read your reply before posting - indeed it was why I posted) ... I can equally state that it does reset the clock. Neither of us have proven why we're correct.

I'm pretty sure I'm wrong, but if you're so sure you're right - why?

Because the 6 years runs from the date the alleged contract was breached, not from the date of any letter or acknowledgement and is never re-set (except for CCA1974 agreements like mail order, which are 'credit' that has special rules).   I expect it's buried in the Limitation Act somewhere!

beamerguy

I guess BWLegal will be using their best brains on this ...... just as they did in Southampton ?

BrownTrout

Coupon-mad said:

Uptown_Boy said:

Coupon-mad said:

See above...no.

Sorry but your statement doesn't answer the question (I had read your reply before posting - indeed it was why I posted) ... I can equally state that it does reset the clock. Neither of us have proven why we're correct.

I'm pretty sure I'm wrong, but if you're so sure you're right - why?

Because the 6 years runs from the date the alleged contract was breached, not from the date of any letter or acknowledgement and is never re-set (except for CCA1974 agreements like mail order, which are 'credit' that has special rules).   I expect it's buried in the Limitation Act somewhere!

Are you sure about that?, i know its the case from CCA regulated cases, but is it really the case for non CCA (1974) stuff?

Coupon-mad

No, it's not, for non CCA stuff!  Or do you mean am I sure it's buried in the Limitation Act?   

No, I'm not and I won't be looking, haha!

BrownTrout

Coupon-mad said:

No, it's not, for non CCA stuff!  Or do you mean am I sure it's buried in the Limitation Act?   

No, I'm not and I won't be looking, haha!

go on get looking, ! keep you busy for a few hours

bargepole

For any non-CCA debts, if the debtor contacts the creditor and admits the debt, or pays any sum at all, even £0.01, that resets the 6-year clock.

Letters and statements sent by the creditor do not.

Curlyben

CCA is also covered by section 5, here the cause of action is based on the last acknowledgement of the debt, which in practice is the last payment made. So 6 years for normal agreements and 12 for mortgages.
The breach is failing to make payments to the account, hence default notices, etc.
(This is my usual playground )

ParkingMadd

Just wanted to thank everyone for all your help on here. As advised, we waited until 2021 and sent back a response, adapting a template from nationaldebtline.org. This morning we got an email back from BWLegal informing us they now consider the matter closed. 

Thank you again for all the advice given, it has been very much appreciated!

Snakes_Belly

That is good news. Thanks for posting as this will help other posters who are receiving similar claims.

Coupon-mad

ParkingMadd said:

Just wanted to thank everyone for all your help on here. As advised, we waited until 2021 and sent back a response, adapting a template from nationaldebtline.org. This morning we got an email back from BWLegal informing us they now consider the matter closed. 

Thank you again for all the advice given, it has been very much appreciated!

Great news!  That'll be this letter, then, which I've copied below as it's a good one:

https://www.nationaldebtline.org/sample-letters/time-has-run-out-recover-debt-ew/?

Your address line 1 (required)

Your address line 2

Your address line 3

Your postcode (required)

DATE

Dear Sirs,

Your reference number:

You have contacted me about the account with the above reference number, which you claim I owe. I do not admit any liability for your claim.

Under the Limitation Act 1980 Section 5:

“An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

Also, the Financial Conduct Authority's Consumer Credit sourcebook states the following:

"...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." 7.15.4

"A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8

Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, you are no longer able to take any court action against me to recover the amount you allege I owe.

Please confirm in writing that you will not make any further contact about the above claim and confirm that this matter is now closed.

I look forward to hearing from you.

Yours faithfully

Include your full name (required)