Statute of limitaions

[jules25]

Hi all.

 

I`m communicating with someone about a past debt that I believe to be statute barred.

The debt is nearly 12 years old and the last contact the person had with the company is the said 12 years ago.

The statement I have just had back is as follows......

 

Another senior partner at *********** has been consulted and we have considered all aspects that you have raised. The law is very complex. Credit Card debts are notoriously difficult, both to enforce, and to write off. Whilst the original debt may no longer be enforceable the latest evidence is that interest was still being charged in 2006. As you pointed out the limitation period is six years. 2006 is only four years ago and therefore not outside the limitation period.

 

Any ideas as to how true this is?

[postggj]

The Stat Of Limitations Start With The Last Cause Of Action

 

Thats The Last Time A Payment Was Missed And No Further Payments Or Acknoeledgement In Writing For A Period Of Six Years From The Cause Of Action

 

Which Dca Is Giving Grief

[maroondevo52]

 

Whilst the original debt may no longer be enforceable

 

Enough said, It's stat barred

[jules25]

It is not DCA but a family holding money in a trust from a will from someone.

They wont release the trust because they say that the company could still make the person bankrupt from this debt.

[postggj]

12 Years

 

Not A Chance

 

Sounds Dodgy To Me

 

Might Be Worth Speaking To A Solicitor

 

ITS ONLY MORTAGE SHORTFALL DEBTS THAT ARE 12 YEARS

THE REST IS SIX BEFORE STATUTE BARRED

[jules25]

The whole will was dodgy, completely geared towards the person who is saying this. proving that is another thing though. Is there any was to go about proving a debt is statute barred though?

[postggj]

You Need To Find Out Who Is The Original Creditor

 

Being 12 Years, They Have Prob Deleated The Account By Now

 

A Solicitor Is The Best Way Forward

[jules25]

Ok thanks for your help, I will let the person know that at this point a solicitor is thier best option.

So as far as everyone is concerned that statement above is complete rubbish yes? Just want to doubly clarify that.

 

Thanks all.

[kwaks]

If the statement was true no debt would ever be stat barred, as they would just continue to add intereast.

[Tezcatlipoca]

Ok thanks for your help, I will let the person know that at this point a solicitor is thier best option.

So as far as everyone is concerned that statement above is complete rubbish yes? Just want to doubly clarify that.

 

Thanks all.

 

As somebody who has had Statute Barred debts in the past, and received similar letters to the one you mentioned, I can echo the comments of others that this communication is utter nonsense.

Whoever wrote this letter is simply trying to confuse the recipient in order to extract money.

 

In my own case, I received a letter from a DCA regarding an 8 year old debt which said that because interest and administration fees were still being added, the debt wasn't statute barred.

I wrote back quoting the Statute of Limitations and advising the DCA that continued assertions the debt was not statue barred would be construed by my solicitors as an attempt criminal extorition.

The DCA wrote back a three line letter saying the account was closed and I never heard from them again.

[bottomburp]

It is not DCA but a family holding money in a trust from a will from someone.

They wont release the trust because they say that the company could still make the person bankrupt from this debt.

 

May I barge in and ask for clarification?

 

From what you have said A (person) is being pursued for a debt which is 12 years old and which they haven't communicated about for more than six years.

 

A has been left money through a trust fund but the trustees of the trust fund are refusing to release monies to A because of this alleged debt.

 

Have I understood correctly?

 

The Limitation Act is complicated. Whilst many things are statute barred after six years there are exceptions such as fraud and breach of trust.

[buzby]

A reminder, that just because a debt may exist, it does not become invisible or uncollectable after 72 months. Whilst the SoL will prohibit the formal raising of a court action for recovery of the debt, it still does not mean the creditor cannot ask, request or demand the money be paid.

 

The fact that most give up before then, or on realising court action is not going to work is often enough for most of them to stop, but I do know of one tenacious outfit that got their money after 8 years.

[ukaviator]

The other thing to remember is that if a CCJ was orignally issued, it may have been there dormant for all of that time. It maybe that a tracing company has found the owner of the debt after all of these years. The company involved will have to take the person back into court to enforce it. CCJ 's are not Statute Barred.

 

Do you know if there was one issued?

 

If you need to check then go to this website, it costs £8.00 to check.

 

CCJs, court orders & fines - Search yourself and others - Trust Online

[jules25]

Sorry to bump an old thread but this is still ongoing. Communication that I recieved today I thought i would check out with you guys if thats ok?

basically they have informed our solicitor of the following statement:

 

There was a condition in the credit card loan which enables the limitation period to run from the date of the last demand for interest.

two questions if I may? the first is this at all possible and has anyone ever heard of this happening before?

The second, would they not have actually to have seen the said credit agreement to have issued a statement like that? bearing in mind this statement was issued to our solicitor and I know for a fact that they have not seen said credit agreement.

[andydd]

Hi.

 

If you read all of the Statute of Limitation you will see that the limit of some debts can be 12 years, (for example in leasehold property disputes, the contract is a deed and this often pops up with people arguing whether the limit is 6 or 12, its normally agreed it is 12), Im not sure about Wills but it is possible the limit could be 12.

 

The bit about adding interest doesnt sound correct though, it appears they are saying the original debt is unenforceable but later interest is !?

 

Andy

[jules25]

Thanks for the reply. no the debt is a credit card one so the statement would have to refer to a credit card agreement, the will is relevant only in that someone is stopping access to it using this old debt of 13 years ago now.

[postggj]

who is the dca spouting this crap may i ask

who is demanding payment

 

have you done a cca request

Edited March 3, 2011 by postggj

[jules25]

Not a dca, its a relative who just happens to be a lawyer.

All I need really is to know if the statement ... There was a condition in the credit card loan which enables the limitation period to run from the date of the last demand for interest

If there is in anyway at all that could be true?

[postggj]

if no contact for 12 years, how can the credit card company still be adding interest

 

2010 minus 12 is 1998

 

so they have been adding interest for six years and not terminating the agreement

 

starting to smell this

 

There was a condition in the credit card loan which enables the limitation period to run from the date of the last demand for interest

 

who is saying this, the lawyer

 

has he shown the agreement that states this in the terms and conditions

 

ive yet to see one

 

seems this lawyer is taking advantage with this hog wash