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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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If I have an outstanding debt which has been on a payment plan

Resolved Question:

If I have an outstanding debt which has been on a payment plan in excess of 6 years, does this mean it is subject to the time barring and the debt in now unenforceable?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : When did you last make a payment or acknowledge the debt please?
Customer:

The debt is subject to a monthly payment plan

Alex Watts : It's and news then,
Alex Watts : The clock starts running from the last payment.
Alex Watts : So if you last paid in 2000 and made no more payments it would be time barred.
Alex Watts : But as soon as you make a payment the 6 year clock starts ticking again
Alex Watts : Therefore sadly as you paid last month it is not time barred.
Alex Watts : I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest
Alex Watts : Can I clarify anything for you about this today please?
Customer:

So this means that although the debt was originally 'defaulted' so long ago, they are still able to issue legal proceedings should they choose to do so because I have been paying?

Alex Watts : They could, but you could argue the costs should not be awarded if you have been paying by agreement.
Alex Watts : But they could issue proceedings yes.
Alex Watts : Can I clarify anything else?
Customer:

No thank you.

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