# Old debt...need advise pls..



## Glory (22 Jan 2009)

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.



​


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## mf1 (22 Jan 2009)

Why do you not want to pay money that you owe?

Or is that a really silly question!

I am staggered ( I know I should not be) by the staggering levels of irresponsible approaches to owing money. 

mf

( wanders off shaking head in wonderment)


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## Glory (22 Jan 2009)

I'm not asking for judgement, I'm asking for advise.

Anyone who could give advise I'd appreciate it.

Thank you,
G.


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## TwoWheels (22 Jan 2009)

Advice...

You owe someone money
Pay the money
Do not borrow again


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## Glory (22 Jan 2009)

Circumstances at the time prevented me from paying the money....
Circumstances now... aren't that much better.....

I thought this thread was for people to help and give advise on debt!

If i had 9K I'd pay it - but I don't and as far as I'm aware this debt has expired and this is 'state law'.

My question is... can debt collectors still chase debt??

Thanks
G.


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## Smashbox (22 Jan 2009)

Its a debt... therefore you owe it.
Talk to the lender and speak about a repayment option, paying so much every week/month.. small amounts that you can afford.


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## jhegarty (22 Jan 2009)

I think you have to gives some dates before anyone can answer.


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## moneyhoney (22 Jan 2009)

If you want a definitive answer, try the Free Legal Advice Centre - www.flac.ie

As far as I know, the statute of limitations only applies where there has been no contact for previous 6 years. You might be on a loser here.



Glory said:


> I thought this thread was for people to help and give advise on debt!
> .



No-one here will give you advice on how to 'get out' of paying your debts.


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## Smashbox (22 Jan 2009)

moneyhoney said:


> No-one here will give you advice on how to 'get out' of paying your debts.


 
I second that.


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## Susanna (22 Jan 2009)

You should pay your debts.


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## rmelly (22 Jan 2009)

Glory said:


> I'm not asking for judgement, I'm asking for advise.
> 
> Anyone who could give advise I'd appreciate it.
> 
> ...


 
Advice? Pay what you owe.


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## rmelly (22 Jan 2009)

Not that I really care, but you haven't given a timeline.


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## bond-007 (23 Jan 2009)

Great to see all the banks shareholders are posting.


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## Smashbox (23 Jan 2009)

bond-007 said:


> Great to see all the banks shareholders are posting.


 
I certainly don't have any shares, I was just raised to repay any money owed by me


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## j26 (23 Jan 2009)

When was your last payment?


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## Bronte (23 Jan 2009)

moneyhoney said:


> No-one here will give you advice on how to 'get out' of paying your debts.


 
This is not true.  While a lot of people believe that one should pay one's debts (as I do) this does not prevent the OP from getting advice on how to get out of paying a debt.  The OP may have a very valid reason for not paying the debt such as not having the money nor having a job nor having any assets all perfectly legitimate reasons for not paying as is it being statue barred.  
OP until you give us a timeline, when you first got the debt, the date you agreed to pay it back etc you can not get an answer to the question on whether it is or is not statue barred.  And please note that if you come on here for advice you have to not expect to hear only what you want to hear particularly if you come on without outlining why you do not want to pay the debt.


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## demoivre (23 Jan 2009)

rmelly said:


> Not that I really care, but you haven't given a timeline.





Bronte said:


> OP until you give us a timeline, when you first got the debt, the date you agreed to pay it back etc you can not get an answer to the question on whether it is or is not statue barred.



Loan was taken out around Sep 1999. See this thread.


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## Smashbox (23 Jan 2009)

So two years ago they wanted their money back, and you said no?!

You owe them the money! They accept that some people can't pay them back in full straight away, and make allowences for that. They're very good for letting you pay off small amounts over a long time. They just want their money back after all.


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## fjgh15 (26 Jan 2009)

Hi Glory - I do think you should get some proper legal advice on this - and not just from a 'friend', either from the Free Legal Advice Centre or go to a solicitor yourself. I have no idea what law applies or not but if this one does, then it would seem that the bank is behaving badly in having their debt collectors threaten you with an action which they cannot by law inititate.
A lot of posters have told you what you should, and should not do. If, however, we were to start forcing the Banks to do what they should and not do what they shouldn't, might that not be in all our best interests, especially considering the awful bloody mess they've gotten us into now?
Good luck.


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## j26 (26 Jan 2009)

fjgh15 said:


> ... it would seem that the bank is behaving badly in having their debt collectors threaten you with an action which they cannot by law inititate.
> ...


The Statute of Limitations is a defence - the bank still have a good claim.  It doesn't pretend the debt didn't happen, it just prevents them from recovering it.


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## bond-007 (26 Jan 2009)

j26 said:


> The Statute of Limitations is a defence


Indeed it is. The Bank should know this. 


j26 said:


> the bank still have a good claim.


See above, not a good claim if a court refuses to acknowledge it.


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