6 year Statute of Limitations question about communication with DCA denying debt

[RV30]

A gentleman I care for has an historic debt, which defaulted on 13 November 2019. Tomorrow is 13 November 2025 and on this date, or possibly the day after, it will become Statute Barred in respect of the creditor (now a DCA) being permitted to take any Court Action.

The gentleman has emailed the DCA a few times to say clearly that the debt isn't his, he never took the credit card out, and most importantly, he does not acknowledge the debt.

I have read that communicating with a DCA during the 6 year period can "reset the clock" ie the 6 years starts again if an acknowledgement is made.

Would writing to the DCA in the words which he used reset the clock and allow the DCA to start Court Action at any point in the next 6 years?

Thanks

[atticus]

It is acknowledgement of the debt that can reset the clock. Has he said anything - in writing - that can be construed as acknowledging the debt?

[RV30]

He wrote in emails that he had received their letters, that he never took out the credit card, but that he would correspond with them, but he wasn't going to pay it. He wrote "I do not acknowledge this debt". "I have never applied for this and do not recognise this". He has never said I acknowledge the debt or any comment about repayment. He has always denied it.

[RV30]

What I am trying to understand is what actually needs to be said in an email to "reset the clock".

Is it merely the act of corresponding with the debtor by email?
Is saying "I do not acknowledge the debt. I am not going to pay it. I didn't take it out. I don't recognise it" able to reset the clock?

[RV30]

I read elsewhere that the clock will only be reset during email communications if the debtor makes :-

• a Clear Admission of Liability: The wording must be a clear and unequivocal admission that the money is owed. There is no requirement to acknowledge the precise amount owed, only the existence of the debt.

Is this correct?

He has never done this; he wrote clearly "I do not acknowledge the debt" and said he has never had such an account, nor applied for one.

Thanks very much for your input

[atticus]

The background to what I said in post #2 is in the Limitation Act 1980, s29:

(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.

(6)A payment of a part of the rent or interest due at any time shall not extend the period for claiming the remainder then due, but any payment of interest shall be treated as a payment in respect of the principal debt.

[PallasAthena]

My ( non- lawyer's) understanding is that your friend has not acknowledged owing the debt and it will become statute barred soon. Communicating with the debt owner does not automatically reset the clock. That is only if there is a written communication that "acknowledges the claim" per the law quoted by Atticus.

I suggest he now does nothing at all until he is at least 14 days past the default + 6 years date and if he then receives anything send the DCA our statute barred letter.

[RV30]

Thank you to both. Yes, I sought some advice from elsewhere in the meanwhile and they repeated what you have both written, namely that: emailing the DCA to deny owing the debt does not constitute an acknowledgement. An acknowledgement is defined as "a clear and undeniable admission that the debt is owed" and that will restart the clock. He has not done that.

We have also been advised that "writing to a creditor during the 6 year period to state that you do not owe the money or the amount is wrong is a refutation of the claim, not an acknowledgement and does not reset the clock"

I hope this thread helps others searching for the same advice.