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Could this debt be classed as Statute Barred?


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My sister took finance out for a car back in July 2001 but after 6 months she got into financial difficulties and gave the car back as she couldn't afford the payments.

 

The car was sold at auction but she was told there was an outstanding balance. After many phonecalls & letters she agreed to pay £20 per month to a debt collecting agency in September 2002 (although she had no extra money to pay this)

 

I said I'd pay it for her, which I did until I had money problems myself. I paid a cheque monthly from October 2002 until I stopped in November 2005.

 

My question is, could this be classed as statute barred? I have tried to read up about this on this site and everything I read says if the 'debtor makes a payment or the debtor acknowledges the debt with a letter'. My sister hasn't actually acknowledged the debt since the phonecall in September 2002. It is me that has acknowledged the debt although the debt is nothing to do with me.

 

Any thoughts on this would be much appreciated.

Sjay

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I think that as you have been paying (until 2005), the debt would have been regarded as acknowledged up to the date that you made the last payment.

The statute barred limit in Scotland, I believe, is five years, which means that it will not be statute barred until next year.

 

That is my take on it, but if anyone has any contrary info then I will stand corrected.

 

Regards, Rooster.

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I think that as you have been paying (until 2005), the debt would have been regarded as acknowledged up to the date that you made the last payment.

 

Regards, Rooster.

 

 

Thanks Rooster, that's what I thought it would be but hoped it was different :-(

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