How can part of a debt be statute barred?

[alanfromderby]

The answer to this may be simple - but I doubt it, since the matter does not seem to have been cleared up anywhere else.

 

If a debt is being paid, even though that debt may date from (for arguments sake) 9 years ago, the debt is not statute barred if it came to enforcement. On that basis, should it not be legally possible to challenge the validity of that debt, where it included unlawful charges?

 

If that is accepted, is there a time limit on applying for a CCJ to be set aside?

 

 

That should get the law books twitching on this sunny Good Friday afternoon.

[alanfromderby]

A further development of this line of thinking (and a crafty way of bumping this back to the top without just bumping it!):

 

I can understand that with an open bank account, the transactions more than six years old may be statute barred.

 

However, a loan is a fixed contract - therefore surely the whole loan history is either within statute, or totally statute barred if the conditions are met.

[davemanik]

from what i understand is that the 6 year rule will apply if no action on either part has taken place during this time.

 

i'm guessing that anything that falls within the last 6 years is still valid whilst anything prior would be statute barred.

[alanfromderby]

But taking that argument to it's logical conclusion, if a debt was built up over a few years - how can the earlier transactions be reclaimable, but not challengable?

 

For instance, if I took out a loan in 1998 - that loan is still in statute if I am making payments. How can it then be statute barred if I want to challenge the validity of that loan?

 

My point is that if a transaction in 1998 is enforceable for one party - it has to be challengable for the other.

[Bovvered]

My point is that if a transaction in 1998 is enforceable for one party - it has to be challengable for the other.

I agree

[determined-to-win]

Hopefully im ok asking this question in this thread??!! just searching around as i persue my other possible claims and i came accross this thread..

I have an old debt with first direct, for about 3 k, this was made up from a loan and an overdraft on my account which i couldnt pay. A large percentage was charges added on when i stopped paying, probably half of it. I offered to pay £1 a week, to which they told me to get lost and so i told them to take me to court. That was about 3 years ago. I didnt hear from them again until recently as Ive since moved and obviously now Mr. Debt collector is sending me lovely letters. I havent even acknowledged these :-| i just keep thinking if they want to go to court then so be it...but seeing this thread and reading into it i may well have another way of challenging them? Am i right in thinking so? At least if nothing else it would halve the debt. Meant to add, the debt (loan) itself began in 1998...hence the reason for enquiring before the 6 year time limit..

[alanfromderby]

This topic was closed on 2019-03-08.

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