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billy

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jenni
Jun 5 2007, 08:42 AM
I think you should take the advice of your solicitor here. If you contact them and in any way acknowledge the debt then they can start the 6 years all over again. However if you don't acknowledge the debt and it gets to over 6 years (a point you must be absolutely certain of) then this piece wil be helpful to you....

Quote:
 
Statute Barred
A debt is considered Statute Barred if a creditor has not contacted a debtor for a period of 6 years and no action has been taken on the account.

Although the debt is still legally acknowledged as being owed, the creditor is not able to take any legal action against the debtor in order to recover the debt. It is considered unfair if a creditor or debt collector misleads the debtor into believing the debt is still legally recoverable. It is also considered an unfair practice if the creditor or debt collector press for payment after the debtor has stated they will not be paying the money owed. This could amount to harassment contrary to Section 40(1) of the Administration of Justice Act 1970.



so after you are certain the 6 years has passed and you are definite you have not acknowledged the debt I would quote this to them. Speak to your solicitor again and get them to verify this but I think this is the way to go

also have a read through this and maybe contact them for advice....

http://www.payplan.com/debt-library/joint-...on-act-1980.php

I spoke to my lawyer and the CAB and they both reiterated what you said about the 6 year period. In Scotland where I reside at present it is 5 years.

My lawyer has said that I am to ignore their letter and wait and see what move they make next. If they send me another letter then my lawyer will get in contact with them. He also stated that because I live outside of English law, that the debt company will need to persue me through a Scottish court if they think they can get the money.

I will keep you informed.
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