Status barred 6 year limitation.

[coys67]

I have been been communicating with Mortimer Clarke solicitors regarding a claim by Hillesden that i am claiming is status barred,they have just responded with a letter saying saying the six year limitation runs from the latest date on which :

1. A payment was made towards the debt; or
2. The agreement was terminated; or
3. You acknowledged the debt in writing.

They then go on to say the agreement was terminated on 08/09/2010 therefore proceedings were issued within the 6 year limitation period,and so the claim is not status barred and if i disagree i should set out the precise legal basis and give the date i believe the debt became status barred.

Just hoping someone would be able to offer some guidance on this,are they correct in saying the six years run from the date they terminated the contract and if not is there a precise legal basis on which i could prove the debt is status barred?

I would be most grateful for any info or pointers that could be offered,thanks.

[Kati]

Re: Status barred 6 year limitation.

When do YOU think the SB'd clock started (your last payment/acknowledgement)??

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Is it to do with this thread - http://legalbeagles.info/forums/show...468#post610468 ??

[Debt Camel]

Re: Status barred 6 year limitation.

what sort of debt is this?

[coys67]

Re: Status barred 6 year limitation.

When do YOU think the SB'd clock started (your last payment/acknowledgement)??

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Is it to do with this thread - http://legalbeagles.info/forums/show...468#post610468 ??

Thanks for answering,yes it is a continuation from that case.

I haven't got any paperwork to go by but i would think maybe 8 years since my last payment and although i have received letters i haven't acknowledged them,my credit check are all showing as clear as well for the past 6 years.

I have looked up the status barred legislation but found it very confusing,does the limitation start when they terminate the contract or on my last payment/acknowledgement?

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what sort of debt is this?

It was for a sofa that i bought on credit if thats a help,not sure if thats a HP debt though.

[Kati]

Re: Status barred 6 year limitation.

If you've not paid/acknowledged in the past 7-8yrs then It will be SB'd ... the original creditor might not have terminated the agreement before 2010, but IMO a 2yr (?) wait after the last payment is a bit too long a wait!

Could it have been a "buy now pay later" type of thing :noidea:

[NWHC]

Re: Status barred 6 year limitation.

Statute barred limitation is very confusing and from what I have read even judges have difficulty with it.
The problem is that it starts from the time that they first could take legal action and that can vary
I wonder , what would have been the date of the last due payment had you continued to pay could it have been the date they are claiming the termination was dated

Otherwise it will be necessary to read the terms and conditions
Did they send you a default notice?

If they did you could possibly argue that the date when they could have terminated was the date of remedy of the default notice . It really isn't an easy one I am afraid

[coys67]

Re: Status barred 6 year limitation.

Thanks for the answers,i have had to file my defence on MCOL today as the time runs out tomorrow so fingers crossed i have done it right,its all a bit confusing but i live in hope it goes my way.

What happens now,will the court write to me to tell me the outcome or is there a chance it can drag on?

[NWHC]

Re: Status barred 6 year limitation.

Don't expect it to suddenly be sorted
I think the next step is that your defence will be sent to the claimant and if they wish to proceed you will be sent a questionnaire. I don't think you are told if they dont do anything though.
I think they have 2 weeks to respond so if you havenet heard anything by say two weeks on Friday give the court a phone call

[coys67]

Re: Status barred 6 year limitation.

Don't expect it to suddenly be sorted
I think the next step is that your defence will be sent to the claimant and if they wish to proceed you will be sent a questionnaire. I don't think you are told if they dont do anything though.
I think they have 2 weeks to respond so if you havenet heard anything by say two weeks on Friday give the court a phone call

Thanks,i was expecting that tbh,the solicitors seem to be keen on dragging it out as much as they can,i bet lots of people just give up in the end and take one on the chin.

[Guest]

Re: Status barred 6 year limitation.

Don't expect it to suddenly be sorted
I think the next step is that your defence will be sent to the claimant and if they wish to proceed you will be sent a questionnaire. I don't think you are told if they dont do anything though.
I think they have 2 weeks to respond so if you havenet heard anything by say two weeks on Friday give the court a phone call

Actually, they have 28 days from when they receive the defence, which will not be the same day it was submitted.

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Thanks for the answers,i have had to file my defence on MCOL today as the time runs out tomorrow so fingers crossed i have done it right,its all a bit confusing but i live in hope it goes my way.

What happens now,will the court write to me to tell me the outcome or is there a chance it can drag on?

Did you submit a statute barred defence?

The court won't tell you the outcome just yet if they decide to go ahead, it will be a few months before this actually gets to court.

[charitynjw]

Re: Status barred 6 year limitation.

Thanks for answering,yes it is a continuation from that case.

I haven't got any paperwork to go by but i would think maybe 8 years since my last payment and although i have received letters i haven't acknowledged them,my credit check are all showing as clear as well for the past 6 years.

I have looked up the status barred legislation but found it very confusing,does the limitation start when they terminate the contract or on my last payment/acknowledgement?

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It was for a sofa that i bought on credit if thats a help,not sure if thats a HP debt though.

The SB clock starts ticking from the date when a reasonable person would have realised that the debt became due, ie the date of 'accrual'
Limitation Act 1980 s5

[NWHC]

Re: Status barred 6 year limitation.

The SB clock starts ticking from the date when a reasonable person would have realised that the debt became due, ie the date of 'accrual'
Limitation Act 1980 s5

The reasonable person phrase is he first time that I have heard it used in relation to limitations
My reading is that it is the first date that the claimant could have first claimed the full amount so it is a case of either contractual termination or termination after a default notice
I have read pages and pages and pages on this subject on different forums and it seems there is no definitive answer except it is not the date of last payment (unless from a DMP)