# Statute barred debt



## Ichabod (27 May 2017)

My query is regarding the 6 year statute of limitations on unsecured debt i.e credit card. I am aware of the general rules on this but there is one particular area on which I am unclear, the issue being as follows :
I had a Halifax ( Bank of Scotland ) credit card on which I made my last payment on 23/03/2012.
On the 21/05/2013, the outstanding balance was transferred to Glas.
In December, 2015 or thereabouts, GLAS sold on the debt to Cabot.
Although receiving copious correspondence from the various parties, I have not acknowledged the debt nor made any payments since the 23/03/2012.
My question is : At which point in time did the clock begin to run on this debt ?


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## Jim Stafford (29 May 2017)

The 6 year period begins from 23/3/2012

Jim Stafford


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## Bronte (29 May 2017)

So 10 months to go.  Tick tock.


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## Ichabod (29 May 2017)

Thanks for your response. It confirms what I thought. But always best to double or even triple check when it comes to the law. I just noticed a typo in post, Bronte's comment made me look again. The last payment date was March, 2011 not 2012, so the clock has now run out on this it appears. Thanks again for the response.


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## Sir Iowealot (29 May 2017)

However, if court proceedings have been issued against you by Cabot the 6 years start again from the date of the issue of those proceedings.


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## Ichabod (29 May 2017)

No proceedings have been initiated. The case is now statute barred ( assuming that the clock did indeed start ticking on the 23/03/2011 ). The debt remains but Cabot now have no recourse to recover the debt. Not that my measly debt will bother them. They will have frightened enough other people into paying in full a debt that they would have purchased for cents on the euro, particularly as this was the second sell on  - MBNA to GLAS to Cabot. Plenty of profit still for these companies preying on the fear and ignorance of so many ordinary people.


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## Palerider (29 May 2017)

You got the benefit of the credit, you have failed to make any efforts over a period of years, you have not said that you could not make payments but did say that you avoided recognising the debt as yours,

God help us all, only in Ireland do some people think this is alright,  the sooner people like you have their credit record impacted the better.

Pay your own debts if you can, it is always the right thing to do, is there any difference between your approach and stealing the balance outstanding on your credit card.


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## Palerider (29 May 2017)

Check out this dudes post entitled ' Instalment orders '

What an attitude.


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## Ichabod (30 May 2017)

Your replies to my posts are self-righteous, arrogant and presumptuous. You know nothing about me or my circumstances, past or present. Yet you presume to make judgement on me and offer thinly veiled abuse. What an attitude.


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## Palerider (30 May 2017)

I know you made your last credit card payment more than five years ago, that you owe the money, had use of the money and have zero interest in addressing that debt, now that is arrogance, enough said I think.


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## Leo (2 Jun 2017)

Ichabod said:


> Your replies to my posts are self-righteous, arrogant and presumptuous. You know nothing about me or my circumstances, past or present. Yet you presume to make judgement on me and offer thinly veiled abuse. What an attitude.



Welcome to the internet. Unless you share much more information, all people have to go on is what you post here.


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## demoivre (6 Nov 2018)

Ichabod said:


> Although receiving copious correspondence from the various parties, I have not acknowledged the debt nor made any payments since the 23/03/2012.
> My question is : At which point in time did the clock begin to run on this debt ?





Jim Stafford said:


> The 6 year period begins from 23/3/2012
> 
> Jim Stafford



My understanding of using the defence of "statute barred" for unsecured debt is that the 6 year clock starts after the last payment on the debt. However someone ( who is looking at a PIA) said to me yesterday that their understanding was that the 6 year clock starts after the last payment *or* acknowledgement of the debt by the debtor. Can anyone confirm which is correct?


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## RedOnion (6 Nov 2018)

demoivre said:


> the 6 year clock starts after the last payment *or* acknowledgement of the debt by the debtor


Acknowledgement is the key.
Payment is acknowledgement of the debt.


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## demoivre (6 Nov 2018)

RedOnion said:


> Acknowledgement is the key.
> Payment is acknowledgement of the debt.



Indeed but does acknowledgement of the debt *without* any payment start the 6 year clock ticking again ? For example debtor loses job in 2009 and stops paying term loan in May 2009. Bank sends him several letters and in January 2011 debtor writes back saying he is  unemployed and can't pay anything against the debt. In this scenario when did the 6 year clock begin ?


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## RedOnion (6 Nov 2018)

demoivre said:


> . Bank sends him several letters and in January 2011 debtor writes back saying he is unemployed and can't pay anything against the debt. In this scenario when did the 6 year clock begin ?


Jan 2011.


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## Jim Stafford (9 Nov 2018)

The "Acknowledgement" must be either in writing or by payment.



demoivre said:


> Bank sends him several letters and in January 2011 debtor writes back saying he is unemployed and can't pay anything against the debt. In this scenario when did the 6 year clock begin ?



In the above case, the 6 year period commences with the date of the last letter the debtor sent back.

Jim Stafford


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## demoivre (14 Nov 2018)

Jim Stafford said:


> The "Acknowledgement" must be either in writing or by payment.
> 
> In the above case, the 6 year period commences with the date of the last letter the debtor sent back.
> 
> Jim Stafford



Assume any form of written communication would constitute "acknowledge" eg e mail contact?


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