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statute barred

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  • #16
    Re: statute barred

    ^ I agree about not worrying, but I'm still cautious. The accounts are 17 and 20 years old, so the chances of them finding an agreement down the back of a cabinet are slim, but not impossible. I was hoping that after all this time I would be able to put it behind me, but it appears it's something that could always resurface at some point and that's how I'll deal with it.

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    • #17
      Re: statute barred

      Not only are the accounts old but there is a pretty good chance they would be unenforceable anyway

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      • #18
        Re: statute barred

        Originally posted by CD36 View Post
        ^ I agree about not worrying, but I'm still cautious. The accounts are 17 and 20 years old, so the chances of them finding an agreement down the back of a cabinet are slim, but not impossible. I was hoping that after all this time I would be able to put it behind me, but it appears it's something that could always resurface at some point and that's how I'll deal with it.
        I'm not surprised that you are confused CD the amount of really pointless arguments on your 17-20 year old debts would confuse anyone!!

        BMW Finance - v - Hart is a judgement in the Court of Appeal in regard to the date that the relevant 6 year period laid down in the Limitations Act 1980 started ( In a Claim relating to a Hire Purchase Agreement) their Lordship's decided that in this case it started when the creditor could demand immediate repayment in full, this has been interpreted in a few different ways e.g. it only applies to debts secured against property = Hire Purchase Contracts and that the point of commencement of the 6 year period is the default date. Also that the ruling affects all debts (unproven and as far as I know untested.

        The vast majority of claims regarding debts averred to be statute barred the tried and trusted formulae are still used successfully.

        I don't believe you need have any concerns.

        nem

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