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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6339
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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In 1990 I was a partner in a small business which failed leaving

Resolved Question:

In 1990 I was a partner in a small business which failed leaving some debts. The other partner paid these. Until a few days ago i had no contact with him but have now received a letter concerning this debt. Bearing in mind the time period is this debt covered by the Limitations Act 1980?.
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. Does this letter threaten legal action if you do not pay the money back?

Customer:

no

taratill :

what does it say then?

Customer:

it is just a statement of account but does say it is due

taratill :

Is it from the partner or is it from a solicitor?

Customer:

partner

taratill :

have you responded or does it ask for a response?

Customer:

i have not responded i wanted to check my position first

taratill :

no problem, please give me a few minutes to prepare my answer.

taratill :

Hi for most breach of contract claims there is a limitation period of 6 years. This means that you should either not respond at all or if you do want to respond say that you do not owe the money and he cannot recover it due to the Limitation Act 1980 as you have correctly identified.

taratill :

If he does try to take action against it you can use the act to defend the claim.

taratill :

If you have any further quesitons please ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Customer:

Should i send a letter as laid out on the Act's web site,

taratill :

Yes if there is a model letter on the web site it is a good idea to use it.

Customer:

O.K. thanks for your help.

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