Statute Barred?

[daisy]

Please may I have some advice, as I am being chased for a debt that I believe to be statute barred, but a Statutory Demand was issued in 2008 against this debt, although, I won the day in court, will that count as an acknowledgement and reset the the SB clock?

[MrsD]

Re: Statute Barred?

Hi Dibs

This is out of my range, I simply don't know, so hang in there and we'll see someone come along who has a handle on this type of situation.
be handy to know
how old/when did you take it out
what kind of debt
when did you last actually pay it
who took you to court with the SD
how much are we talking

[daisy]

Re: Statute Barred?

Hi and thank you for your reply.
It's just under £1400 and Capquest is the DCA, it is an old credit card and the last payment was in 2004 to the OC, Capquest has never received a payment, although they have paid me!

[BBoo]

Re: Statute Barred?

On what grounds were the SD refused?

What did you put in your defence?

[Never-In-Doubt]

Re: Statute Barred?

Best person to ask is Rizzle (site team) as he's our SB ace (IMO anyway)!

See this post from over at MSE --> MoneySavingExpert.com Forums - View Single Post - Statute barred debts and the Limitation Acts

Based on what Fermi says I'd presume you going to court didn't result in you actually signing anything actually acknowledging the debt, did you? Anyway I'd ask Rizzle; he'll know.

I'll ask him to pop in

[BBoo]

Re: Statute Barred?

Limitation Act 1980

The debtor must either acknowledge the debt in writing or make a payment.


Hence my questions, did your defence in writing acknowledge existence of the debt?

The refusal of the SD could, IMO be relevant to this too. It depends why it was refused.

[daisy]

Re: Statute Barred?

My defence was based on the cca being an application form with no prescribed terms, no default notice and penalty charges being on the account. It was good to receive a cheque from Capquest, although I had to ask the court to chase it!

[BBoo]

Re: Statute Barred?

See what Rizzle says based on what is known.

[daisy]

Re: Statute Barred?

I have just looked at the affidavit and I have only referred to an alleged debt .

[Never-In-Doubt]

Re: Statute Barred?

I have just looked at the affidavit and I have only referred to an alleged debt .

Wise man

Me thinks you might be ok. Check with Rizzle. As I say he'll know or know a man with a dog so to speak

[Never-In-Doubt]

Re: Statute Barred?

I've messaged rizzle. He'll pick up by morning hopefully

[daisy]

Re: Statute Barred?

Man? I will have you know that I'm a wise woman, allegedly, sometimes!

[Never-In-Doubt]

Re: Statute Barred?



My apologies

* must remember women DO have brains

[Never-In-Doubt]

Re: Statute Barred?

But seriously, that was a really good call not acknowledging it. I'm impressed.

Good luck. As I say you might be best checking for updates in morning when lazy bones gets up

[daisy]

Re: Statute Barred?

Dodgy ground!: