UK Limitations Act 1980 and County Court Allocation Questionnaire enquiries?

Question

Hi

1. Re the below, what if the creditor has written to the debtor but the debtor has paid nothing nor contacted the creditor for more than six years? Do the provisions of the act still apply?

"Limitations Act 1980 outlines the time limit within which a creditor can chase a debtor for outstanding debts. The Limitations Act 1980 only applies when no contact has been made between the creditor and debtor within the given time limit and only applies to residents of England and Wales."

2. I have defended a claim on the above basis and been asked to fill in an allocation questionaire which is confusing. Any advice?

Many thanks

Answer 1

"what if the creditor has written to the debtor but the debtor has paid nothing nor contacted the creditor for more than six years"

You can't escape by ignoring the Creditor for 6 years .. the 6 years START when the Creditor stops trying to get his money back .. (of course if you NEVER RECEIVED any letters, that's a different matter ..)

Answer 2

When there is no contact whatsoever from the debtor for 6 years and one day it is known as Statutory Barred

This means that although the debt still stands and the creditor may still chase...there will be no enforcement through the courts

NB mortgages/property debts are 12 years...not 6

Answer 3

accordingly you are able to't pass to an employment tribunal till they have taken an unauthorized deduction out of your pay. whilst that happens, then you are able to record a declare. it would be distinctly easy so which you would be able to do it on your individual. then you are able to cite the barriers Act as growing to be the Unauthorized deduction. stable success to you.