Limitation Act

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charlotten1978

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Post by charlotten1978 » Thu Sep 18, 2008 4:10 pm
Hi

With regards to the Limitation Act, does the 6 year rule apply AFTER the debt has been acrued or when you acrue the balance?
 
 

size5

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Post by size5 » Thu Sep 18, 2008 5:20 pm
Broadly speaking, below is a brief, but not exhaustive, guide.

The Limitation Act 1980 applies only when no contact has been made between the creditor and debtor within a certain time limit, and applies to residents of England and Wales.

The time limit depends on the type of debt. For unsecured loans it is 6 years. If the debtor acknowledges the debt in writing or pays an installment within the original limitation period, then the time limit begins again from the date of acknowledgement or the date of payment.


If the creditor does not contact the debtor for 6 years or more, the debtor may be able to claim that the outstanding debt is Statute Barred under the conditions of the Limitations Act. Statute Barred means the creditor cannot use the legal system to enforce payment.

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