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Anthony Chendo
Anthony Chendo,
Category: Law
Satisfied Customers: 427
Experience:  Solicitor at BLM
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I have a question about a Statute Barred debt, Im from

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Hi, I have a question about a Statute Barred debt
JA: Where are you? It matters because laws vary by location.
Customer: Im from Lincoln,England
JA: What steps have you taken so far?
Customer: I received a letter saying that i made a payment to a debt last year which i never made.The last payment i made was in 2013.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: In the letter they sent me they asking me to set out a Precise legal basis if i disagree

Hello

Just to clarify what you like to know about the law regarding time limits on debts

Customer: replied 12 days ago.
Hi i know about the 6 years law its the company are saying that ive made a payment within this time and that the debt is not statute barred.iwas giving advise by National Debtline
Customer: replied 12 days ago.
sorry i cannot afford the call

Ignore the automated call request.

You are right that company had 6 years from the debt to commence legal proceedings and failure to do so means the matter is statute barred. However there are exceptions to this rule.

One of the exceptions is to persuade the court that greater prejudice will be caused to the claimant if the claim is statute barred. An example to show this is by showing perhaps ongoing payments being made by you.

Do you understand what I have stated so far if yes I will proceed to the next step

Customer: replied 12 days ago.
I have not made any payments to the debt or acknowledges since 2013

If you know you have not done so you can ask for proof from the company or you can wait and see if they will commence court proceedings and if they do you can file a defence stating the case is statute barred and also request proof of payments made.

That said they may not issue court proceedings and only using this as tactic to get money out of you

I hope I have clarified the position if not please let me know

Customer: replied 12 days ago.
The National Debtline told me to send a letter which was about the Limitation Act 1980 i did they did not send back any proof that i had made payment only to say i made one on the 20/09/2018 which i did not as i checked my bank statments

Well I suggest you refer them back to the letter asking for proof because it appears they are dodging the question.

Ensure you date the letter and keep a copy of them too

Customer: replied 12 days ago.
they want me now to send them a letter Precise legal basis if i disagree

You already have

But fir completeness send the letter again about the limitation act

I hope I have clarified the position if not please let me know

Customer: replied 12 days ago.
Should i high light the need for them to send me proof

Yes because that is a key piece of evidence of your issue

Customer: replied 12 days ago.
Ok i will try that thank you for your help

No problem

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Thanks

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