Discussing Debt details on Forum

[seduraed]

I know that we are all protected by aliases; but could talkking about money owed to a specific creditor be used in court to reset the Statute Barred Clock . So for example Dr Evil comes on the forum and explains that satans den are claiming £1000 and he says admits to the forum that he did take a loan from satans den. But it goes SB in 6 months . If His real identity is discovered and linked to the post could that be used to reset the SB clock? Or am I just being paranoid?

[Guest]

Re: Discussing Debt details on Forum

There has to be a specific acknowledgment between the debtor and the creditor, so there would be have to be a clear link and even then you would be able to challenge, there is case law which says that the acknowledgment must include at least an implied intention to repay.

[Nibbler]

Re: Discussing Debt details on Forum

And the LA1980 specifies that an acknowledgement must be in writing and signed by the person making it.

Also that it must be made to the person, or agent of, whoever holds the title to the claim being acknowledged.

[TalbotWoods]

Re: Discussing Debt details on Forum

This reared its ugly head about 2 years ago on another debt forum.

The site owners agreed to send legal representatives to the court, where they argued that the DCA solicitors had failed to prove that the debtor and the alleged poster connection had not been proved in anyway.

It was pointed out to the Judge that the DCA had not attempted to prove the poster and the debtor was the same person, and further that unless the DCA were able to obtain a court order, then the site owners would not provide any information to them anyway!

The judge went berserk with the DCAs solicitors and threw the case out, plus exceptionally awarded costs against the DCA!

Aftet he case was thrown out the judge did ask off record if the debtor and the poster were the same, the site owners were able to indicate that they were not. I also believe the Judge also referred the solicitor to the SRA.

So, no, a DCA cannot connect connect you with a poster, without a court order, and then there are only limited circumstances that that can be issued

Tim

[Guest]

Re: Discussing Debt details on Forum

3http://www.legislation.gov.uk/ukpga/1980/58/section/30


0Formal provisions as to acknowledgments and part payments.

(1)

To be effective for the purposes of section 29 of this Act, an acknowledgment must be in writing and signed by the person making it.

(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.

[Kafka]

Re: Discussing Debt details on Forum

There was a case a few years ago where a solicitor argued that the claimant was copying material from the Internet, without realising that the posts in question were actually written by the claimant under an alias.

[Wombats]

Re: Discussing Debt details on Forum

As that has been cleared up nicely, can I just clarify exactly what the cause of action is for a simple contract debt. I understand it is when the creditor is able to take court action because payments have fallen behind, but how would I find out exactly when this 'cause of action' was without acknowledging anything?

I don't believe it is as simple as looking at your CRF, but would be happy to be proved wrong.

[Guest]

Re: Discussing Debt details on Forum

As that has been cleared up nicely, can I just clarify exactly what the cause of action is for a simple contract debt. I understand it is when the creditor is able to take court action because payments have fallen behind, but how would I find out exactly when this 'cause of action' was without acknowledging anything?

I don't believe it is as simple as looking at your CRF, but would be happy to be proved wrong.

More on this here

http://www.legalbeagles.info/forums/...ion&highlight=

[Wombats]

Re: Discussing Debt details on Forum

Thank you. So another question (I can post on the original thread if better) - it is stated the CoA is from the time, "when the creditor could have started the process needed to get all of their money back."

Would I be right in assuming that if the creditor delays registering a default this is irrelevant as the COA would be the first day when the creditor COULD have registered a default?

This would potentially be the day after the first missed payment taking things to extremes, thus effectively making the COA the day after the first missed payment?

I think people want to know, as if you've waited nearly 6 years, knowing for sure it is SB can be a huge relief and weight off somebody's shoulders and could quite realistically have a positive effect on their wellbeing after 6 years of being worried sick.

[Guest]

Re: Discussing Debt details on Forum

The creditor has to be able to reclaim, he cannot reclaim sums under an agreement whilst the agreement is still in force, so it must be terminated, a single missed payment is not severe enough to result in the agreement being terminated, many agreements will state in there T and Cs when a breach will be considered to be the cause of termination of the contract and subsequent demand of repayment, generally two or three missed payments.

The test is that the creditor must be able to legally demand full repayment.(if that is the action required)

[Wombats]

Re: Discussing Debt details on Forum

So a debt can easily be left unterminated for ages, delaying the CoA and massively extending the SB period. It is not unknown for creditors to delay default for a substantial time, as there is only 'guidance' as to when one would normally be recorded.

When a date of default is recorded on one's CRF, is that the date of termination and thus the start of the CoA?

[Guest]

Re: Discussing Debt details on Forum

So a debt can easily be left unterminated for ages, delaying the CoA and massively extending the SB period. It is not unknown for creditors to delay default for a substantial time, as there is only 'guidance' as to when one would normally be recorded.

When a date of default is recorded on one's CRF, is that the date of termination and thus the start of the CoA?

The test as said is that the creditor must be able to demand payment, if he chooses not to terminate in spite of the fact that he is able to the SB clock has still started.

[Wombats]

Re: Discussing Debt details on Forum

That's great, thank you.