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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

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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?

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?

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?

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?

No thank you.

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