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Limitation Act and disputed debt


emmaphill
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Hi

 

Just wanted to check something and that what I am intending to do is correct.

 

I have been in dispute with a creditor for some time (over 6 years) and during this time have not paid anything to them and continually refered to the matter as in dispute. There have been letters back and fo with nothing really sorted.

 

As it is now well over the 6 years since I last acknowledged the debt am I within my rights to send the limitation act letter as stated below or should I be amending to take into account the debt being in dispute:

 

I would like to point out that under the limitation act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

I look forward to your reply.

 

Thanks

Emma

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you are correct if you have not made a payment or made a written or verbal admission of the debt, so without seeing what you have written to the OC or DCA I can only assume that you have not made any acknowldgement therefore this is stat barred

PGH7447

 

 

Getting There Slowly

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Advice is given freely but is in no way meant to be taken as Gospel:-)

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