# Bank seeking judgement after 14 years debt default



## Madiba Deno (16 Aug 2019)

My old Bank , via Solicitor's collection, is beginning to prepare judgement against a loan I got from them back in 2005. I've paid back as much as I could, but in the last five or six years, very little to nothing at all.... probably only 40 euros this year so far. Now the Solicitor's are preparing judgement against me if I don't pay back the full loan in 21 days. I sent them an email, saying it was impossible as I have been unemployed for such a long time. This has been going on now for 14 years. Can this debt be written off and can they seek judgement after 14 years?
Any help is appreciated.


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## vandriver (16 Aug 2019)

They can seek judgement up to 6 years after you last acknowledged the debt(by paying something for instance).
Have they actually gone to court,or is this just a scare letter?


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## Brendan Burgess (16 Aug 2019)

Are you insolvent? 

Do you own a house?  Have you a mortgage? 

Brendan


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## demoivre (19 Aug 2019)

vandriver said:


> They can seek judgement up to 6 years after you last acknowledged the debt(by paying something for instance).



The bank can seek a judgement at any stage  after 6 years and I have seen such a case recently. If 6 years has elapsed since the last acknowledgement of the debt, and proceedings are issued, then the *defence* is that the debt is statute barred. In the case I referred to a notice of discontinuance was only issued by the plaintiff once an appearance and full defence was lodged with the court by the defendant.

Any debtor ignoring the likes of a claim notice, on the basis that the debt is statute barred, will face summary judgement against them .


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## pauliesbowl (23 May 2021)

demoivre said:


> The bank can seek a judgement at any stage  after 6 years and I have seen such a case recently. If 6 years has elapsed since the last acknowledgement of the debt, and proceedings are issued, then the *defence* is that the debt is statute barred. In the case I referred to a notice of discontinuance was only issued by the plaintiff once an appearance and full defence was lodged with the court by the defendant.
> 
> Any debtor ignoring the likes of a claim notice, on the basis that the debt is statute barred, will face summary judgement against them .


Sorry just to clarify - the defence that the debt was statute barred was successful in the case you mentioned and would always be a successful defence in similar cases as long as the defendant went to court and put this defence forward?


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## demoivre (25 May 2021)

pauliesbowl said:


> Sorry just to clarify - the defence that the debt was statute barred was successful in the case you mentioned and would always be a successful defence in similar cases as long as the defendant went to court and put this defence forward?



If it goes to a full hearing a judge will decide but yes it is a valid defence.

In the case I cited the plaintiffs solicitor's were advised, after proceedings were issued, that the matter was statute barred and it would be fully defended on that basis. Also if they proceeded to a full hearing the defence would seek full costs as, basically the hearing would be a waste of time.

A notice of discontinuance was only issued after an appearance and full defence was lodged with the court and the plaintiff.


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## elcato (26 May 2021)

They can seek judgement but just turn up in court and tell the judge what you have told the bank. As you have no means to pay the judge will basically say that as he has no means they should stop hounding you. I can't remember the legal terms. Bring evidence of letters sent to them or have the dates on hand as well so you can totally shame them (if that is possible). Good luck.


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## MugsGame (26 May 2021)

Obviously the side discussion on 6 year defence does not apply to OP's case, as they have continued to acknowledge the debt by making token repayments.


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## demoivre (26 May 2021)

elcato said:


> They can seek judgement but just turn up in court and tell the judge what you have told the bank. As you have no means to pay the judge will basically say that as he has no means they should stop hounding you. I can't remember the legal terms. Bring evidence of letters sent to them or have the dates on hand as well so you can totally shame them (if that is possible). Good luck.


Whether or not the debtor has means to pay is irrelevant to the creditor trying to obtain a judgement. A judgement simply gives legal recognition to the debt which, if obtained, will then allow the creditor to try and enforce the judgement.


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## pauliesbowl (27 May 2021)

elcato said:


> They can seek judgement but just turn up in court and tell the judge what you have told the bank. As you have no means to pay the judge will basically say that as he has no means they should stop hounding you. I can't remember the legal terms. Bring evidence of letters sent to them or have the dates on hand as well so you can totally shame them (if that is possible). Good luck.


And if the debtor has means would the judge allow the creditor to keep hounding him despite the debt being statute barred?


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## pauliesbowl (27 May 2021)

demoivre said:


> Whether or not the debtor has means to pay is irrelevant to the creditor trying to obtain a judgement. A judgement simply gives legal recognition to the debt which, if obtained, will then allow the creditor to try and enforce the judgement.


So would it be safe to assume that a statute barred debt does not have legal recognition irrespective of the debtors ability to pay?

By statute barred I mean that it fulfills all the requirements to make it so.


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## demoivre (27 May 2021)

pauliesbowl said:


> So would it be safe to assume that a statute barred debt does not have legal recognition irrespective of the debtors ability to pay?
> 
> By statute barred I mean that it fulfills all the requirements to make it so.



It's safe to assume that without a judgement a debt is unenforceable, regardless of the debtor's ability to pay. This means the creditor can't, for example, proceed to get an installment order against the debtor.

However there's nothing to stop the creditor from trying to get the creditor to pay up by ringing them or writing to them! 

If you are being hounded / harrassed by a debt collector or anyone else it's the guards you need to contact.


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