Mackenzie Hall statute barred, advice appreciated.

[Laydee Danielle]

I'll escalate the compaint and look at getting the £250 I've paid them back.

 

Section 29.7 of the limitations act states that a payment made in respect of a statute barred debt cannot revive it, but money paid to a statute barred debt cannot be recovered.

 

A debtor who has paid a statute debt cannot recover the money should if it is discovered subsequently that the debt was already statute bared at the time the payment was made (Bize v Dickason [1786] 1 TR 286)

[rory32]

Section 29.7 of the limitations act states that a payment made in respect of a statute barred debt cannot revive it, but money paid to a statute barred debt cannot be recovered.

 

What it actually states is

(7)Subject to subsection (6) above, a current period of limitation may be repeatedly extended under this section by further acknowledgments or payments, but a right of action, once barred by this Act, shall not be revived by any subsequent acknowledgment or payment.

Such threats of legal action where none can be brought would fall under regs 3(3)(a), 3(3)(b), 3(4)(a), 5(2), 5(3)(b), and probably reg 7 of The Consumer Protection from Unfair Trading Regulations 2008. I'm sure in such situations the OFT may look at compensation.

[Laydee Danielle]

the point I was trying to make what they she may not automatically be entitled to the money, and I wasn't actually quoting the extact section just making an easy summary

[rory32]

the point I was trying to make what they she may not automatically be entitled to the money,

I wasn't disagreeing with you.

[Catcall9]

Happy New Year, I wanted to post my success here,

 

I cancelled the standing order and wrote stating that the debt was statute barred unless they could provide evidence of communication/acknowledgement from me of the debt within the 6 year time period, I said I would wait to hear but that I was satisfied that the matter was concluded....I used one of the templates here.

 

I've waited, and waited, also I've regularly checked my credit report in case they recorded anything there such as a default notice...........

 

 

and have heard nothing, they have crawled back under their stone.

 

Thank you to everyone here, over £2K written off as statute barred,

 

I love this site,

 

CAT.

[Werner M]

....Well Done !! and a HAPPY NEW YEAR TO YOU!!.....Werner M.