Acknowledgement of debt

[blackchilliman]

I know that a payment constitutes as an acknowledgement of a debt but what else specifically constitutes as an acknowledgement of debt?

 

Does the acknowledgement have to come from the debtor or can it come from somebody else?

 

Does the acknowledgement have to be in writing or can it be verbal?

 

Thanks in advance

 

Blackchilliman

[freakyleaky]

Only the debtor or an agent of the debtor will have the authority to acknowledge a debt.

As you say a payment will constitute as acknowledgement also a letter asking for statements or balance etc.

If you are verified over the phone as the owner of an account being chased and you admit to the debt then you are probably being recorded and therefore this could also possibly count as acknowledgement.

 

Why do you ask?

[blackchilliman]

I am currently challenging a claim against my brother in laws estate. As far as we are concerned, the debt would've been statute barred before his death. We've had a screen print of a call that was supposedly made by my late brother in law in 2007 but all it requests is that no more mail be sent to the address. There is no mention of the debt.

[freakyleaky]

Sounds to me like they are chancing their arm.

Asking for them to stop sending junk mail is not an admission of a debt.

 

I'll flag this for others to clarify.

Edited June 15, 2012 by freakyleaky
Bad Gramma

[blackchilliman]

Thank you

[BRIGADIER2JCS]

The OFT Guidance 2003/2011 states in addendum B para B7

that:

 

A RELEVANT Acknowledgment will normally be made by performance of the debtor

(or his representative) . For example making payments or by making unequivical

WRITTEN admission clearly acknowledeing the obligation subsisits.

Phone call DO NOT amount to admission recorded or not.

[freakyleaky]

The OFT Guidance 2003/2011 states in addendum B para B7

that:

 

A RELEVANT Acknowledgment will normally be made by performance of the debtor

(or his representative) . For example making payments or by making unequivical

WRITTEN admission clearly acknowledeing the obligation subsisits.

Phone call DO NOT amount to admission recorded or not.

I wasn't a million miles away then?

 

Thanks Brig!

[BRIGADIER2JCS]

Spot FL:-)

[Conniff]

Check on the dates for it being statute barred because once it is then it cannot become 'un'statute barred even if a payment is made.