Statute Barred Query

[meljam]

Hello all.

I’ve got a question on a statute barred debt of my husbands.

it is slightly over £1000 to bank of Scotland (old overdraft) which became statute barred last summer and has been off his credit file since then.

He has received a letter of claim from kearns solicitors with those forms where you have to tick a box etc.

I would have sent back a statute barred letter but something is niggling me and I can’t find a straight answer to it;

as this was a bank account. I accidentally transferred £25 to it (years ago) not sure if it fell within that six year timeframe. It was a bank transfer from mine to his. By accident! I used the wrong bank details to send him money.

can they take that bank transfer to his account (which is in my name) as an acknowledgment or payment to the debt? Therefore resetting the six years?

thanks in advance for advice

[PallasAthena]

My understanding is that for the 6-year limit 'clock' to be reset the payment has has to be made by the debtor (or one of the debtors if it is a joint account), or by an agent of the debtor. s30 Limitation Act 1980.

But you would only have made that £25 payment as agent for your husband if he had asked you to make the payment, or consented to it in some way. Having made it accidentally by ticking the wrong box on an online transfer when you were trying to pay someone else does not make you your husband's agent making a part-payment of his debt.

If he knew nothing about it and did not authorise it retrospectively then it was not made as his agent and should not prevent the debt being statute barred.

For the time being ignore that you made the payment. It's up to the creditor to raise it. If they do then come back here for more advice. In the meantime send the standard SB letter, don't mention anything about the £25 payment.