Statute Barred clock on Discontinued court claim

[ark4x4]

Hi there,
I was wondering if anyone could help me with this question.

If a court claim was issued stopping the statute bared clock well over 6 years since last payment or acknowledgement but under 6 years before alleged default date and then prior to hearing date the claimant discontinues the claim. has the claimant permanently stopped the clock even though they did not see the claim through to conclusion.

Many thanks

[Kati]

Re: Statute Barred clock on Discontinued court claim

tagging [MENTION=48934]Debt Camel[/MENTION] ... she should know the answer xx

[ark4x4]

Re: Statute Barred clock on Discontinued court claim

Great, really appreciate the help.

[Diana M]

Re: Statute Barred clock on Discontinued court claim

I hope I've understood your question right

If a claim is discontinued it's like it never happened. So the SB clock is reset to the last payment or acknowledgement date.

There's much debate on whether the Default date is viewed as the cause of action (impacting on SB) but this can depend on so many variables such as fixed term loans, hire purchase agreements etc.

Have you had a claim against you discontinued?

What I will add is once a claim has been discontinued it cannot be re-issued without permission of the court if a Defence was filed. And even then it would have to be different or not substantially the same as the original claim.

Di

[ark4x4]

Re: Statute Barred clock on Discontinued court claim

Hi, thanks for the info. Yes I today received a notice of discontinuance from claimant (not confirmed by court yet) they failed to provide me with any documents, so was wondering how it leaves the stat barred status. I have looked at the Limitations act point 35 looks relevant for clarification but it's a bit too much for me. As you say they can apply to the judge for re-issue which suggests the original claim date still applies
Once again, many thanks for your help

[Diana M]

Re: Statute Barred clock on Discontinued court claim

I probably didn't explain that very well.

Once a claim has been discontinued the SB clock goes back to where it stopped ticking when that claim was issued. It carries on ticking as if no claim had been issued. The original claim is dead in the water.

If the creditor wants a second chance then they have to issue a whole new claim (if the court allows). That new claim issue date is when the SB clock stops ticking.

Well done on getting a discontinuance

Who was the creditor?

Di

[charitynjw]

Re: Statute Barred clock on Discontinued court claim

I probably didn't explain that very well.

Once a claim has been discontinued the SB clock goes back to where it stopped ticking when that claim was issued. It carries on ticking as if no claim had been issued. The original claim is dead in the water.

If the creditor wants a second chance then they have to issue a whole new claim (if the court allows). That new claim issue date is when the SB clock stops ticking.

Well done on getting a discontinuance

Who was the creditor?

Di

Good evening Di

With apologies to [MENTION=54196]ark4x4[/MENTION] for a brief hijack, what if the claim is 'stayed', not actually discontinued?
Would an indefinite stay circumvent the Limitation Act?

[ark4x4]

Re: Statute Barred clock on Discontinued court claim

That's great, just the answer I was hoping for !

The creditor was Lowell.

Thanks for all your help, It's made it clearer now, might get some sleep tonight !

[Diana M]

Re: Statute Barred clock on Discontinued court claim

what if the claim is 'stayed', not actually discontinued?
Would an indefinite stay circumvent the Limitation Act?

Nope.

Because a stayed claim is a 'live' claim with the pause button on. It still exists as a claim. It's only in snooze mode.

I suspect that's why some creditors/debt purchasers issue claims even though they haven't got the relevant paperwork in the hope that they can play catch-up (i.e. find/reconstitute the documents) in the months/years that follow (while the claim is stayed).

This is very common in Year 5 of a delinquent debt when the database flags up the imminent SB date.

You can call me cynical if you like

Di

[Diana M]

Re: Statute Barred clock on Discontinued court claim

might get some sleep tonight !

Sleep?

I think you should be out celebrating the fact that you have won the case.

A Discontinuance is surrender by the Claimant

How much was the claim?

Di

[charitynjw]

Re: Statute Barred clock on Discontinued court claim

Nope.

Because a stayed claim is a 'live' claim with the pause button on. It still exists as a claim. It's only in snooze mode.

I suspect that's why some creditors/debt purchasers issue claims even though they haven't got the relevant paperwork in the hope that they can play catch-up (i.e. find/reconstitute the documents) in the months/years that follow (while the claim is stayed).

This is very common in Year 5 of a delinquent debt when the database flags up the imminent SB date.

You can call me cynical if you like

Di

So if the claim is discontinued or struck out, the original SB clock is reinstated & the alleged debt could become automatically SB?

[ark4x4]

Re: Statute Barred clock on Discontinued court claim

The claim was for approx 6k

[Diana M]

Re: Statute Barred clock on Discontinued court claim

So if the claim is discontinued or struck out, the original SB clock is reinstated & the alleged debt could become automatically SB?

Exactly.

So sometimes it makes sense to filibuster after a claim has been issued so that when you get shot of it (Discontinuance/Summary Judgment etc) you know that if they do try to re-issue they will have missed the SB boat

Di