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Limitation Act 1980 Section 5 Question

Last post Thu, Nov 19 2009, 3:23 PM by conmankiller. 1 replies.
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  •  Thu, Nov 19 2009, 3:23 PM

    Re: Limitation Act 1980 Section 5 Question

    If you have sent a letter acknowledging these debts to your creditors within the first Six years of a period of non-contact, payment or acknowlegement..... then you have re-instated the legal enforceability and subsequent recovery process of these debts again by restarting the Six year time cycle, as the debts never acquired the qualifying conditions under the limitations act.

    You will have to check your records very carefully, but as you state you have sent an acknowledgement before year Five on 14/2/08 then the Six year cycle began again on that date.....hence meaning they would have to undergo a full further Six year period of non-payment or acknowledgement... before they could become statute barred. This would not be until 14/2/2014 a further full Six years, you would probably find the creditors will pursue these debts again or apply for CCJ's before then, which it would appear they seem to be entitled.

    • Post Points: 35
  •  Thu, Nov 19 2009, 2:30 PM

    Limitation Act 1980 Section 5 Question

    Hi, some great advice here :) Over six years ago I lost my father, my job and my relationship (at the time) broke down, all within 6 months (messy I know, am ok now). Before this I had been employed on an excellent wage for nearly ten years and had several personal unsecured debts totalling over 60k. I had to go and live with my mother in Spain until recently. I am trying to return to the UK and find a way to sort out the financial mess I left behind. I know for a fact that all the original agreements/contracts etc (of which I have no record at all) were before April 2005 (and therefor nearly five years old). I also know for a fact that I sent a letter from Spain to each and every one of them 14/2/2008 explaining the above and was the only communication I have had with them since (still have copies). so, I have probably started my clock ticking by doing that, is this correct? or are there any grounds that the six years stands from the time of the original agreements?
    • Post Points: 20