please help-is my debt satute barred???

[saintly_1]

4 threads merged

[Dan-germouse]

hey folks,

an updtae on my previous issues with rcokwell.

i went to the advice shop(Edinburgh) today and spoke to a worker there...she in turn let me speak to there financial solicitor on the phone and he said that as soon as i acknowledge the debt earler this year and started paying it (even though it may have been statute barred by the 5 years previous) that the barr is lifted and the limitations act doesnt apply...CRAP I WISH I KNEW... in other words NO JOY!! it seems

I told the advisor that Rockwell have offered a settlement of at least £2400 off the £4950 debt left, Rockwell also stated they would accept any offer( I wonder how little they will accept?).

The advisor suggested 2 options...
1- to either offer them a low amount and try and haggle as much as possible for a settlement.
2. -ignore them as I am due to move house in March and then move again to go to university in Sept in England and then after 3 years move to New Zealand forever.
This will make it difficult for them to get hold of me and the debt. and the Statute Barred clock will begin again.

what do you guys think of that any thoughts????

[Dan-germouse]

hey folks,

an update on my previous issues with rcokwell.

i went to the advice shop(Edinburgh) today and spoke to a worker there...she in turn let me speak to there financial solicitor on the phone and he said that as soon as i acknowledge the debt earler this year and started paying it (even though it may have been statute barred by the 5 years previous) that the barr is lifted and the limitations act doesnt apply...CRAP I WISH I KNEW... in other words NO JOY!! it seems

I told the advisor that Rockwell have offered a settlement of at least £2400 off the £4950 debt left, Rockwell also stated they would accept any offer( I wonder how little they will accept?).

The advisor suggested 2 options...
1- to either offer them a low amount and try and haggle as much as possible for a settlement.
2. -ignore them as I am due to move house in March and then move again to go to university in Sept in England and then after 3 years move to New Zealand forever.
This will make it difficult for them to get hold of me and the debt. and the Statute Barred clock will begin again.

what do you guys think of that any thoughts????

[Lula]

I can hear Rory exploding !!!

This is absolute nonsense, once a debt is statute barred that is it, not even a judge can enforce it.

Stop paying them and send the letter that someone above gave you.

[42man]

I am pretty sure that if there is a clear 5 year gap...then it will be statute barred....I'll get Rory to have a look when he is online....i'm also merging your threads too...

[rory32]

It's probably best to look at what the Prescription and Limitations Act actually states.

Negative Prescription

6 Extinction of obligations by prescriptive periods of five years

(1)If, after the appropriate date, an obligation to which this section applies has subsisted for a continuous period of five years—
(a)without any relevant claim having been made in relation to the obligation, and
(b)without the subsistence of the obligation having been relevantly acknowledged,
then as from the expiration of that period the obligation shall be extinguished:

10†Relevant acknowledgment for purposes of sections 6 and 7
(1)The subsistence of an obligation shall be regarded for the purposes of sections 6 [F17 and 8A] of this Act as having been relevantly acknowledged if, and only if, either of the following conditions is satisfied, namely—
(a)that there has been such performance by or on behalf of the debtor towards implement of the obligation as clearly indicates that the obligation still subsists;
(b)that there has been made by or on behalf of the debtor to the creditor or his agent an unequivocal written admission clearly acknowledging that the obligation still subsists.

The grey area arises because you have acknowledged the obligation thus indicating that the obligation still subsists.

[rory32]

This is absolute nonsense, once a debt is statute barred that is it, not even a judge can enforce it.

I currently know of someone who acknowledged a debt after the period of prescription and the sheriff enforced the debt through a decree. While I believe the sheriff was wrong to do this (although the time barred argument was not used when the claim was initially defended) it can be the devil of a job getting the decision recalled.

[Lula]

so you werent exploding then

[rory32]

No.

There are simply two arguments. The one I subscribe to being that the obligation no longer exists. The second argument being that the obligation still subsists because it has been acknowledged.