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Aktiv Kapital - Statute Barred Assistance


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I was going through my bundle of papers with these people.

 

Upon going through the alleged debts that I have been making token payments to, I strongly beleive that they may be statute barred.

 

Can someone help and clarify the situation?

 

I have posted the 2 agreements that they sent after my CCA, so I have maintained payment on that basis but feel another letter brewing....

 

 

The first agreement they sent is signed by me on 21.1.98 and has all the prescribed terms on it :-

 

Image of AKTIV KAPITAL 1 - Photobucket - Video and Image Hosting

 

 

The second is a similar agreement dated 7.7.99:-

 

Image of AKTIV KAPITAL 2 - Photobucket - Video and Image Hosting

 

I dont quite get/understand the Statute Barred laws, so all help is appreciated!

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If you did not make a payment or communicate in writing with a debtor for six years (five years in scotland) then teh debt is deemed to be statute barred and making payments cannot un-statute bar it.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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For a debt to be barred by law, your LAST acknowledgement, in writing or by payment, must of been OVER 6 years ago.

 

It is NOT based on the date the contract was entered into.

 

[quote name=

Statute Barred]If a lender allows time to pass without receiving any payment an action for recovery may become barred.

 

Under the Limitations Act 1980 the time limits are

  • in simple contracts, 6 years
  • in contracts under seal, 12 years.

If the debtor acknowledges the debt in writing or makes a part payment within the original limitation period, then the time limits start to run again from the date of acknowledgement or the date of payment.

 

Even though the lender may be barred from pursuing recovery, a debtor may decide to pay the debt after the expiry of the time limits. Because of this you should allow a debt which is otherwise statute-barred if the personal representatives pay the debt and you receive evidence that the payment has been made.

 

The above instructions do not apply to debts in Scotland. Under Scottish law, if a lender allows time to pass without receiving any payment an action for recovery may become barred under the Prescription and Limitation (Scotland) Act 1973. (For details of this Act see Gloag and Henderson 10th edition at Chapter 15.). These debts are completely extinguished and cannot be enforced. Once the prescriptive period expires the debt cannot be allowed as a deduction.

Be VERY careful whose advice you listen too

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SAR-ing them is a good way to see whatever has happened on any account you hold for whatever reason you want the information - it doesn't just have to be for reclaiming charges.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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