Wednesday, July 21, 2010

UK Limitations Act 1980 and County Court Allocation Questionnaire enquiries?

Hi





1. Re the below, what if the creditor has written to the debtor but the debtor has paid nothing nor contacted the creditor for more than six years? Do the provisions of the act still apply?





"Limitations Act 1980 outlines the time limit within which a creditor can chase a debtor for outstanding debts. The Limitations Act 1980 only applies when no contact has been made between the creditor and debtor within the given time limit and only applies to residents of England and Wales."





2. I have defended a claim on the above basis and been asked to fill in an allocation questionaire which is confusing. Any advice?





Many thanks

UK Limitations Act 1980 and County Court Allocation Questionnaire enquiries?
"what if the creditor has written to the debtor but the debtor has paid nothing nor contacted the creditor for more than six years"





You can't escape by ignoring the Creditor for 6 years .. the 6 years START when the Creditor stops trying to get his money back .. (of course if you NEVER RECEIVED any letters, that's a different matter ..)
Reply:When there is no contact whatsoever from the debtor for 6 years and one day it is known as Statutory Barred





This means that although the debt still stands and the creditor may still chase...there will be no enforcement through the courts





NB mortgages/property debts are 12 years...not 6

dog teeth

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