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Does a phone call or separately a SAR restart the statute barred limitation period?

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  • Does a phone call or separately a SAR restart the statute barred limitation period?

    Long-time lurker here thank you for all the invaluable information and support given by people on this forum

    I understand that the limitation period for statute barred unsecured debt is 6 years. Once the limitation period is running, a simple contract debt will normally be statute-barred if:

    - the creditor has not already started a county court claim for the debt; and
    - you have not made a payment towards the debt during the last six years; and
    - you have not written to the creditor admitting you owe the debt during the last six years.

    My question is does a phone call to the creditor or their agent discussing the debt count and therefore restart the limitation period?

    Also does a generic SAR 'subject access request' not mentioning the debt to an original creditor (bank/credit card company) restart the limitation period?

    Thank you in advance for your advice and support.
    Tags: None

  • #2
    s30 Limitation Act 1980 - an acknowledgement must be in writing.

    It is hard to see how a SAR can be construed as an acknowledgement of liability.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      Thank you for confirming.

      Comment

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