Acknowledgement of Debt

[bosdog]

Hi All
A quick (probably daft) question
Would taking a dispute to FOS count as acknowledgement of the debt with regards to the SB clock?
ie if it only had, say a year or so to the SB date, could that be a possible move to prevent/hinder action in that final year ? (bearing in mind on how long FOS usually take)
Thank You to All

[Never-In-Doubt]

Re: Acknowledgement of Debt

I would not complain to the FOS, not if it was 5yrs in

[gravytrain]

Re: Acknowledgement of Debt

Not daft at all.

They may well try and prove that it does,(it would be for them to prove).

This is the section of the SOL

and the person liable or accountable for the claim acknowledges
the claim or makes any payment in respect of it the right shall
be treated as having accrued on and not before the date of the
acknowledgment or payment.

And this

30.-(1) To be effective for the purposes of section 29 of
Formal this Act, an acknowledgment must be in writing and signed by
provisions as to the person making it.


Notice the act talks about acknowledging the CLAIM.

To complicate matters the OFT speak of the DEBT being statute barred, not the same thing, you can acknowledge the receipt an invoice without acknowledging the debt detailed on it.

Common law says that a debt must be unequivocally acknowledged in writing, some I have read go further and say that the debtor has to express a wish to pay the debt at some point in the future(even if implied), they say that this is why a payment on the account serves to reset the SB.

Sorry I haven't been able to answer your question, but food for thought.

[bosdog]

Re: Acknowledgement of Debt

And this

30.-(1) To be effective for the purposes of section 29 of
Formal this Act, an acknowledgment must be in writing and signed by
provisions as to the person making it.

Does this mean it requires a true signature to be able to be classed as an acknowledgement?

Many Thanks for your help.

[Never-In-Doubt]

Re: Acknowledgement of Debt

Yea but you need to ignore it if its 5yrs in

You could become liable by payment or direct acknowledgement which means "I'm writing about my debt and want to pay it..."

[gravytrain]

Re: Acknowledgement of Debt

Yes these are arguments that you want to avoid having to make, best avoid the whole thing by not contacting at all if you can avoid it.

I read on another forum that some DCA's are starting to claim that CCA requests acknowledge the debt and re start the SOL.

It must be said that the wording of the request can be important in avoiding this, (the one on here is excellent IMO), but no covering letter saying I acknowledge your letter of claim or thank you for your invoice dated xx/xx.

Just the request for a copy agreement nothing else need be added.


Sorry straying off topic.