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  • #16
    Re: Statute Barred?

    Thank you Niddy, your help is appreciated.

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    • #17
      Re: Statute Barred?

      I'm not always very subtle, sorry. Hopefully you see why I was asking now - smart call in the affidavit.

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      • #18
        Re: Statute Barred?

        I think it unlikely that you have acknowledged the debt for the purposes of the act if that was all you put?

        However, may depend on what other wording you used. For example, if when disputing the amount/balance and charges applied, if you implied in your wording that you might be liable for the remainder?

        Page 153 may be useful?

        http://lawcommission.justice.gov.uk/...nsultation.pdf

        Don't know if Paul is available right at the moment, but may be worth getting him to have a look over what you submitted?

        I have a nagging fear that seeking a set aside on any grounds other than "I do not owe this debt" may be considered a tacit acknowledgement? Probably not. And would not seem to fall within the strict definition anyway. However, that slight niggle will not go away all the same. At least in the sense of how a less than sympathetic DJ may decide to treat it.
        Last edited by Riz; 9 June 2012, 07:02.
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

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        • #19
          Re: Statute Barred?

          BBoo, your replies were just what I needed to point me in the right direction and they are very much appreciated.
          Thank you Rizzle, I'm considering sending an SB letter and see what they come back with.

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          • #20
            Re: Statute Barred?

            I notice from a previous letter that they are offering to accept half the outstanding amount as a f&f, therefore, they cannot be confident of collecting this debt, so I have decided to ignore them for now and will try for SB if they become a nuisance!

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            • #21
              Re: Statute Barred?

              Originally posted by dibsthefrenchie View Post
              so I have decided to ignore them for now and will try for SB if they become a nuisance!
              wise decision......
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              • #22
                Re: Statute Barred?

                I sent the SB letter two months ago by RD and not even the courtesy of a reply

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                • #23
                  Re: Statute Barred?

                  This one was a little different due to court action against me, but it looks as though it didn't reset the SB clock, as they would have let me know by now!

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