Re: Statute Barred Debts and Court
Your credit file shows the default date. This is usually different to the 'cause of action' which is the start of the 6 year SB period. Having it within a few months isn't good enough, as often in the cases going to court, these few months can be critical.
With phantom payments I think the judge may well be tempted to see SB as debt avoidance, which it can be. What irritates me is that regardless of whether it is debt avoidance or not, the Limitations Act states it is SB after 6 years and cannot be enforced in a court of law (except it can now). What is the point of the legislation if the court is going to ignore it?
I don't think a stat dec would do it. I do think there must be a solution, but it is evading me at present and certainly for me, I need to learn a LOT more about court procedures which I'm trying to do bit by bit.
Originally posted by Crazy council
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With phantom payments I think the judge may well be tempted to see SB as debt avoidance, which it can be. What irritates me is that regardless of whether it is debt avoidance or not, the Limitations Act states it is SB after 6 years and cannot be enforced in a court of law (except it can now). What is the point of the legislation if the court is going to ignore it?
I don't think a stat dec would do it. I do think there must be a solution, but it is evading me at present and certainly for me, I need to learn a LOT more about court procedures which I'm trying to do bit by bit.
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