How far does Hirachand Punamchand v Temple go?

[seduraed]

I have been doing a little reading on Hirachand Punamchand v Temple [1911] 2 KB 330 Court of Appeal and was wondering if this case could be applied to widely in the case of utility debts and council tax . I am aware that there needs to be a willing third party . I am hoping to try it with one of the bottom feeding DCA's who have picked up my old debts at pennies in the pound. Does the offer from the third party amount to an acknowledgement of the debt for the purpose of resetting the statute barred clock . Or would the addition of a phrase similar to "Mr X does not acknowledge any debt to your company but I am willing to make this payment without acknowledgement to prevent any further communication which is distressing him2; be successful in removing the debt and not resetting SB if they return the cheque . I am of course trying to have my cake and eat it .

[seduraed]

Re: How far does Hirachand Punamchand v Temple go?

bump

[Amethyst]

Re: How far does Hirachand Punamchand v Temple go?

http://www.dwf.co.uk/news-events/leg...al-settlement/ I don't see why it should be any different for Utility Debt. For Council Tax although it does go statute barred after 6 years if there is a liability order on the debt then it doesn't.

However I think your asking if a third party debt settlement constitutes an acknowledgement of the debt? I really don't know, but I would expect that the third party stating it was a gesture of goodwill, in full and final settlement, and in no way acknowledgement of any debt would get around that as you have said.