Statute Barred QUESTION?

[JasonD]

The Rules

A simple contract debt will normally be statute-barred if:

1) the creditor has not already obtained a county court judgment (CCJ) against you; and

2) you or anyone else owing the money (if your debt is in joint names) have not made a payment towards the debt during the last six years; and

3) you have not written to the creditor admitting you owe the debt during the last six years.

Question?
What if someone else who does not owe the money has been making payments towards the debt (i.e. friend, parent, family member,)

Thanks
Jason

[MissFM]

Re: Statute Barred QUESTION?

If it was with your knowledge and permission, on your behalf, I can't see how that can be anything other than acknowledgement of the debt.

Others more expert will advise!

[Kafka]

Re: Statute Barred QUESTION?

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
What FM says.

There have been cases where creditors have paid CCA or SAR fees into an account in order to claim a recent payment, but that is exceptional and challengeable. Otherwise I don't see how you could argue this away

[Guest]

Re: Statute Barred QUESTION?

well acknowledgment of the claim comes under section 29 of he SOL 1980 which says:

(5)

Subject to subsection (6) below, where any right of action has accrued to recover—

(a)

any debt or other liquidated pecuniary claim; or

(b)

any claim to the personal estate of a deceased person or to any share or interest in any such estate;
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.

So the short answer is no it wouldn't acknowledge the claim as long as they we not paying on your behalf and with your knowledge.

[MissFM]

Re: Statute Barred QUESTION?

well acknowledgment of the claim comes under section 29 of he SOL 1980 which says:

(5)

Subject to subsection (6) below, where any right of action has accrued to recover—

(a)

any debt or other liquidated pecuniary claim; or

(b)

any claim to the personal estate of a deceased person or to any share or interest in any such estate;
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.

So the short answer is no it wouldn't acknowledge the claim as long as they we not paying on your behalf and with your knowledge.

Which is the same thing only the other way around

[Guest]

Re: Statute Barred QUESTION?

Which is the same thing only the other way around

Yes i know, I was being argumentative, not like me at all.

[MissFM]

Re: Statute Barred QUESTION?

Yes i know, I was being argumentative, not like me at all.

Mind your head!:bounce::lever: