G
Glory
Guest
Hi,
I am looking for advise on an old debt.
The debt was originally IR£5000 and I had agreed to pay interest only back on the loan.
I did for a time and then defaulted - with interest on it - it is now over €9000.
I received a letter from a debt collector on behalf of the bank about this time last year asking for payment within 7 days or a judgment may be issued.
I sent them back a letter stating that this matter is statute barred in accordance with the Statute of Limitations Act, 1957 and therefore legal proceedings cannot be issued against me.
I didn't hear back from them.
Until the other day... almost a year later..
They sent the same letter again, standard first letter.
I am about to reply to them with the same letter and enclose a copy of the Statute of Limitations Act, 1957. And ask them not to contact me again on the matter.
Is this something you think I should do??
I did get some legal advise from a friend who did say to me
Not to admit that you owe the debt
Do Not agree to pay the debt
Do not agree to send any money to them
That if you do... then the statute of limitations might start running all over again, giving them the legal right to sue you.
I think I have the right Act... if anyone can confirm please... I've pasted it below.
Thanks so much,
G
................................................
Limitation of actions of contract and tort and certain other actions.
11. —(1) The following actions shall not be brought after the expiration of six years from the date on which the cause of action accrued—
[GA]
( a ) actions founded on simple contract;
[GA]
( b ) actions founded on quasi-contract;
[GA]
( c ) actions to enforce a recognisance;
[GA]
( d ) actions to enforce an award, where the arbitration agreement is not under seal or where the arbitration is under any Act other than the Arbitration Act, 1954 (No. 26 of 1954);
[GA]
( e ) actions to recover any sum recoverable by virtue of any enactment, other than—
[GA]
(i) a penalty or forfeiture or sum by way of penalty or forfeiture, or
[GA]
(ii) a debt created by subsection (2) of section 14 or section 125 of the Companies (Consolidation) Act, 1908, or
[GA]
(iii) an amount recoverable by a tortfeasor under section 4 of the Tortfeasors Act, 1951 (No. 1 of 1951).
[GA]
(2) ( a ) Subject to paragraphs (b)and (c)of this subsection, an action founded on tort shall not be brought after the expiration of six years from the date on which the cause of action accrued.
[GA]
( b ) An action claiming damages for negligence, nuisance or breach of duty (whether the duty exists by virtue of a contract or of a provision made by or under a statute or independently of any contract or any such provision), where the damages claimed by the plaintiff for the negligence, nuisance or breach of duty consist of or include damages in respect of personal injuries to any person, shall not be brought after the expiration of three years from the date on which the cause of action accrued.
[GA]
( c ) An action claiming damages for slander shall not be brought after the expiration of three years from the date on which the cause of action accrued.
I am looking for advise on an old debt.
The debt was originally IR£5000 and I had agreed to pay interest only back on the loan.
I did for a time and then defaulted - with interest on it - it is now over €9000.
I received a letter from a debt collector on behalf of the bank about this time last year asking for payment within 7 days or a judgment may be issued.
I sent them back a letter stating that this matter is statute barred in accordance with the Statute of Limitations Act, 1957 and therefore legal proceedings cannot be issued against me.
I didn't hear back from them.
Until the other day... almost a year later..
They sent the same letter again, standard first letter.
I am about to reply to them with the same letter and enclose a copy of the Statute of Limitations Act, 1957. And ask them not to contact me again on the matter.
Is this something you think I should do??
I did get some legal advise from a friend who did say to me
Not to admit that you owe the debt
Do Not agree to pay the debt
Do not agree to send any money to them
That if you do... then the statute of limitations might start running all over again, giving them the legal right to sue you.
I think I have the right Act... if anyone can confirm please... I've pasted it below.
Thanks so much,
G
................................................
Limitation of actions of contract and tort and certain other actions.
11. —(1) The following actions shall not be brought after the expiration of six years from the date on which the cause of action accrued—
[GA]
( a ) actions founded on simple contract;
[GA]
( b ) actions founded on quasi-contract;
[GA]
( c ) actions to enforce a recognisance;
[GA]
( d ) actions to enforce an award, where the arbitration agreement is not under seal or where the arbitration is under any Act other than the Arbitration Act, 1954 (No. 26 of 1954);
[GA]
( e ) actions to recover any sum recoverable by virtue of any enactment, other than—
[GA]
(i) a penalty or forfeiture or sum by way of penalty or forfeiture, or
[GA]
(ii) a debt created by subsection (2) of section 14 or section 125 of the Companies (Consolidation) Act, 1908, or
[GA]
(iii) an amount recoverable by a tortfeasor under section 4 of the Tortfeasors Act, 1951 (No. 1 of 1951).
[GA]
(2) ( a ) Subject to paragraphs (b)and (c)of this subsection, an action founded on tort shall not be brought after the expiration of six years from the date on which the cause of action accrued.
[GA]
( b ) An action claiming damages for negligence, nuisance or breach of duty (whether the duty exists by virtue of a contract or of a provision made by or under a statute or independently of any contract or any such provision), where the damages claimed by the plaintiff for the negligence, nuisance or breach of duty consist of or include damages in respect of personal injuries to any person, shall not be brought after the expiration of three years from the date on which the cause of action accrued.
[GA]
( c ) An action claiming damages for slander shall not be brought after the expiration of three years from the date on which the cause of action accrued.