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Hi all,
I recently Received a email from mortime clarke solicitors regarding a very old credit card debt , that I took out a very very long time ago.
I wrote to them as i was sure the debt was statue barred and asked them to cease all contact as the debt is statute barred and reply to me within 21 days confirming this.
They replied now with the following
Thank you for your recent email dated 13/03/2024. You have alleged that the debt is statute barred. Section 5 of the Limitation Act 1980 provides that an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued. However section 29(5) of the Limitation Act 1980 states: “…Where any right of action has accrued to recover…any debt or other liquidated pecuniary claim…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.” We have been instructed by our client that the last payment, towards this debt on 23/04/2018.
As such, our client’s position is that 6 years have not yet passed and so the matter is not statute barred and our client is entitled to enforce the debt. If you disagree please set out the precise legal basis giving the date on which you believe the debt became statute barred. Alternatively, please complete the enclosed Income and Expenditure form. We are instructed that in this case the cause of action accrued when the agreement was terminated on 24/10/2018. As such, our client’s position is that 6 years have not yet passed and so the matter is not statute barred and our client is entitled to enforce the debt. If you disagree please set out the precise legal basis giving the date on which you believe the debt became statute barred. Our client requires the balance to be addressed. Please find enclosed an income and expenditure form for you to complete and return. Please respond within 14 days
So I'm very confused , Does the mean the debt is statue barred in 9 days from now?
I recently Received a email from mortime clarke solicitors regarding a very old credit card debt , that I took out a very very long time ago.
I wrote to them as i was sure the debt was statue barred and asked them to cease all contact as the debt is statute barred and reply to me within 21 days confirming this.
They replied now with the following
Thank you for your recent email dated 13/03/2024. You have alleged that the debt is statute barred. Section 5 of the Limitation Act 1980 provides that an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued. However section 29(5) of the Limitation Act 1980 states: “…Where any right of action has accrued to recover…any debt or other liquidated pecuniary claim…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.” We have been instructed by our client that the last payment, towards this debt on 23/04/2018.
As such, our client’s position is that 6 years have not yet passed and so the matter is not statute barred and our client is entitled to enforce the debt. If you disagree please set out the precise legal basis giving the date on which you believe the debt became statute barred. Alternatively, please complete the enclosed Income and Expenditure form. We are instructed that in this case the cause of action accrued when the agreement was terminated on 24/10/2018. As such, our client’s position is that 6 years have not yet passed and so the matter is not statute barred and our client is entitled to enforce the debt. If you disagree please set out the precise legal basis giving the date on which you believe the debt became statute barred. Our client requires the balance to be addressed. Please find enclosed an income and expenditure form for you to complete and return. Please respond within 14 days
So I'm very confused , Does the mean the debt is statue barred in 9 days from now?
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