capquest - old sky/monument/BC credit card

[AndyOrch]

Brig the above is incorrect if you are referring to Tort..Tort is not a credit agreement , in common law jurisdictions, it is a civil wrong which unfairly causes someone else to suffer loss or harm resulting in legal liability for the person who commits the tortious act, called a tortfeasor.

 

Although crimes may be torts, the cause of legal action is not necessarily a crime as the harm may be due to negligence which does not amount to criminal negligence. The victim of the harm can recover their loss as damages. In order to prevail, the Claimant must show that the actions or lack of action was the legally recognizable cause of the harm. The equivalent of tort in civil law jurisdictions is delict.

 

So I think you are confusing it with the 6 year period since default/incident...which applies in other Torts once that period has expired...which is not the same under Credit Consumer Law

 

You are correct on your other point but there is no judgment here and therefore nothing to execute.As hes been making payments without a 6 year gap its not statute barred either.

 

Regards

 

Andy

[AndyOrch]

Indeed so LA 1980 Part 1 (5) is what I should have quoted.

 

Well lets look at LoP 1980 PT1 (5)

 

:- 5 Time limit for actions founded on simple contract.

 

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.

 

But you must also consider PT1 (6)

 

:- 6 Special time limit for actions in respect of certain loans.

 

(1)Subject to subsection (3) below, section 5 of this Act shall not bar the right of action on a contract of loan to which this section applies.

(2)This section applies to any contract of loan which—

(a)does not provide for repayment of the debt on or before a fixed or determinable date; and

(b)does not effectively (whether or not it purports to do so) make the obligation to repay the debt conditional on a demand for repayment made by or on behalf of the creditor or on any other matter;except where in connection with taking the loan the debtor enters into any collateral obligation to pay the amount of the debt or any part of it (as, for example, by delivering a promissory note as security for the debt) on terms which would exclude the application of this section to the contract of loan if they applied directly to repayment of the debt.

(3)Where a demand in writing for repayment of the debt under a contract of loan to which this section applies is made by or on behalf of the creditor (or, where there are joint creditors, by or on behalf of any one of them) section 5 of this Act shall thereupon apply as if the cause of action to recover the debt had accrued on the date on which the demand was made.

(4)In this section “promissory note” has the same meaning as in the Bills of Exchange Act 1882.

 

Regards

 

Andy