Drydens/Erudio claimform - old slc loan - is it sb'd

[Dorytime]

 

Section 30 Limitation Act 1980

“30 Formal provisions as to acknowledgments and part payments.

(1)To be effective for the purposes of section 29 of this Act, an acknowledgment must be in writing and signed by the person making it.

(2)For the purposes of section 29, any acknowledgment or payment—

(a)may be made by the agent of the person by whom it is required to be made under that section; and

(b)shall be made to the person, or to an agent of the person, whose title or claim is being acknowledged or, as the case may be, in respect of whose claim the payment is being made.”

 

For a debt to be statute barred under the 1980 Act, no payment and no express acknowledgement of the debt for a period of 6 years. (this limitation period does not apply to mortgages).

 

Dorytime

 

The 6 year limitation period begins to run from the date that the creditor's cause of action became known to him.

 

Dorytime

[Dorytime]

In Cruet's case, the deferment was not accepted as the account had been assigned, so in 2014 there was no valid deferment/acknowledgment by Cruet and therefore the matter is statute barred for Cruet.

 

In Billywilder's case, his last deferment was in 2014, this is an acknowledgement of the debt for the purpose of the 6 year limitation period and extends the limitation period within the meaning of s.30 of the 1980 Act (posted above), and therefore, unfortunately, Billywilder's debt is not statute barred.

 

Dorytime

[Dorytime]

In Bradford and Bingley plc v Rashid (FC) [2006] UKHL 37, the House considered the limitation period under the 1980 Act and ss.29 & 30 and held that a debtor’s acknowledgment of the debt claimed means that the debt is not statute barred.

Here are a few relevant paragraphs on the point from this key authority:

 

[21] I have no difficulty in regarding the letter of 26 September 2001 as an acknowledgment of the appellants' claim within the meaning of section 29(5) of the Limitation Act 1980. In Surrendra Overseas Ltd v Government of Sri Lanka [1977] 1 WLR 565, 575E-F Kerr J said that the debtor can only be held to have acknowledged the claim if he has in effect admitted his legal liability to pay that which the plaintiff seeks to recover. But his acknowledgment need not identify the amount of the debt.

 

[44]A debtor's written acknowledgment of his debt or other liquidated pecuniary claim starts time running afresh under the Limitation Act 1980 (the 1980 Act). Such is the effect of sections 29 (5) and 30.

 

[79]The first issue is whether either or both of the Advice Centre's letters of 26th September and 4th October 2001, if admissible in evidence, constituted an acknowledgement of the appellant bank's claim for the purposes of sections 29(5) and 30 of the Limitation Act 1980. On this issue, I agree with Lord Brown's reasoning and conclusions in paragraphs 53-60. The letters acknowledged the existence of "the outstanding balance, owed to you" or "the outstanding amount". The appellant bank is entitled to prove the unstated quantum of that admitted balance or amount by any admissible means, including oral evidence, in accordance with the Court of Appeal's decision in Dungate v. Dungate [1965] 1 WLR 1477. By the first letter, written in response to the appellant bank's insistence on proposals for repayment, Mr Rashid was simply requesting time to "start to repay" the outstanding balance. By the second letter, written in response to the bank's reiteration of its insistence and its indication that it would consider writing off a substantial sum if Mr Rashid raised a lump sum payment "in full and final settlement", Mr Rashid was simply offering "approximately £500 towards the outstanding amount as a final settlement". In each case, he was clearly acknowledging the outstanding debt without question.

 

The above authority on this point clarifies the issue on the meaning of statute barred raised here by Billywilder and Cruet, and for any consumer for that matter.

 

Dorytime

 

 

[Dorytime]

Alright Cruet,

 

Let's just keep things on topic please, sometimes it is best to keep your opinion....about anyone and anything to yourself.

 

I think you would prove your humanity if you gave dx an apology, we are all strangers here, we don't know each other or whether any of us suffer from any illness or not, but the one thing we do know is that we are all here looking for help, support and advice or to give the same to our fellow people.

 

Dorytime