Does this credit ackowledge the debt and reset the SB clock?

[FlamingParrot]

A friend of mine had registered a credit card on an online gaming site ages ago and forgotten all about it. This credit card hasn't been paid in nearly a year and is one of them storecards turned to credit cards just like the one Mayhew of Santander vs Mayhew had.

Last night he went to this site and found he had a credit balance of Ł10, which he chose to withdraw. The withdrawal was a credited to this card, which was defaulted a year ago and hasn't been used for around 18 months. He tried to get the gaming site to reverse the transaction but they refused.

Does this credit into this account constitute acknowledgment of the debt and reset the Statute Barred clock even when it's a credit from a gaming company rather than the creditor?

Is there anything that could be done or has the last year of non-payment just gone to waste?

[jon1965]

Re: Does this credit ackowledge the debt and reset the SB clock?

He is a silly billy and shouldn't be going to online gambling sites (pot kettle etc)

Sorry I do not know but I think they might have an issue showing it is a payment....maybe I should go and ask an expert :lol:

[jon1965]

Re: Does this credit ackowledge the debt and reset the SB clock?

I posted on Cag and Citizen B who seems one of the better mods suggests that if the account has been terminated then there would be no account to receive the refund.
She also suggested that it could be part of the original transaction.

Best answer is not to gamble and again this is something I know all about....ask a Parrot

[FlamingParrot]

Re: Does this credit ackowledge the debt and reset the SB clock?

I guess the credit could be construed as a refund of the original transaction rather than a payment, in which case it wouldn't reset the clock.:clock:

[FlamingParrot]

Re: Does this credit ackowledge the debt and reset the SB clock?

I posted on Cag and Citizen B who seems one of the better mods suggests that if the account has been terminated then there would be no account to receive the refund.
She also suggested that it could be part of the original transaction.

Best answer is not to gamble and again this is something I know all about....ask a Parrot

Yes, we know AllAbout that, and so does the person who was involved in this transaction! :grin:
I agree, Citizen B is one of the better informed. :yo:

[Kafka]

Re: Does this credit ackowledge the debt and reset the SB clock?

My take on this is that the debtor needs to pay into the account to restart the clock, so a payment in from someone else wouldn't count unless the debtor requested it in some way. That's how I would argue the litigation anyway.

If that was possible, then DCAs could pay Ł1 into your account in a bank and claim that the clock has started again. :clock:

[Mr $quandaŁot]

Re: Does this credit ackowledge the debt and reset the SB clock?

Funny, I never paid a penny to skyvegas. I simply used their 'welcome bonus'. Somehow I managed to wager it through to get a refund. When I opened my skyvegas account I had to register a card. As that was many blue moons ago I had forgotten that I had used M&S card on that one.

Of course, I requested a refund from skyvegas but without realising which card it would be refunded to. With a little luck, hopefully that Ł10 get refunded back to my skyvegas account if the M&S mastercard has been terminated.

[labman]

Re: Does this credit ackowledge the debt and reset the SB clock?

If it has been defaulted properly, there would have been the Pre Default Notice sent at least one month after you're in arrears; next comes the Default Notice itself giving you 14 days to remedy the situation and pay any arrears owing; finally comes the Termination Notice where the agreement is formally terminated.

If this process has been followed - you say it was defaulted, then there is no agreement to make a payment to or from.

For SB to be broken, the payment must be made by you or anyone else owing the money under the agreement (for a simple contract, which this is)

If the payment was made by someone else, the SB clock is still ticking happily, so no need to worry.

[gravytrain]

Re: Does this credit ackowledge the debt and reset the SB clock?

As said it would be up to them to prove, this is the part of the act in question

29,(5)
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.

A possible problem may be this :

section 30

2) For the purposes of section 29, any acknowledgment or
payment-
(a) may be made by the agent of the person by whom it is
required to be made under that section ; and
(b) shall be made to the person, or to an agent of the
person, whose title or claim is being acknowledged or,
as the case may be, in respect of whose claim the
payment is being made.

[FlamingParrot]

Re: Does this credit ackowledge the debt and reset the SB clock?

As said it would be up to them to prove, this is the part of the act in question

29,(5)
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.

A possible problem may be this :

section 30

2) For the purposes of section 29, any acknowledgment or
payment-
(a) may be made by the agent of the person by whom it is
required to be made under that section ; and
(b) shall be made to the person, or to an agent of the
person, whose title or claim is being acknowledged or,
as the case may be, in respect of whose claim the
payment is being made.

This would be if, say, $quandaŁot had asked me to make the payment, or had signed up with Payplan or another DMP provider and payment was made through them. But can Skyvegas act as agents? It was a refund of moneys paid into the Skyvegas account when he signed up over two years ago (when the card would have been active) and $quandaŁot asked Skyvegas to reverse the transaction. :decision:

[gravytrain]

Re: Does this credit ackowledge the debt and reset the SB clock?

This would be if, say, $quandaŁot had asked me to make the payment, or had signed up with Payplan or another DMP provider and payment was made through them. But can Skyvegas act as agents? It was a refund of moneys paid into the Skyvegas account when he signed up over two years ago (when the card would have been active) and $quandaŁot asked Skyvegas to reverse the transaction. :decision:

Well this is the question, however best to be prepared for the argument should it crop up.

[labman]

Re: Does this credit ackowledge the debt and reset the SB clock?

I agree it's best to be prepared, but I stand by what I posted which was based on the National Debtline information sheet on SB.

[FlamingParrot]

Re: Does this credit ackowledge the debt and reset the SB clock?

I agree it's best to be prepared, but I stand by what I posted which was based on the National Debtline information sheet on SB.

Thanks, Lab, I guess $quandaŁot will have to wait till 2018 to confront that issue! A lot could happen before then... :doggieyes: and you shouldn't be here on your birthday! arty: arty: arty:

[wales01man]

Re: Does this credit ackowledge the debt and reset the SB clock?

Just my personal view,If the bank could prove the payment came from an account bank or even gambling account thet the person has a control over then the could argue the clock has restarted on the debt after all we are told the bank account holder was also the gambling account holder?

[gravytrain]

Re: Does this credit ackowledge the debt and reset the SB clock?

As I said i think it is arguable, it depends largely on the definition of "agent" within the legislation.
I could not see one within the statute, if this came up I would be looking father afield at the various acts that define legal terms within statute and contracts.