Statue barred debt

orchidsrpretty

Just wondering if anyone has experience in using 'statue barred' as a defence when being brought to court for a debt that is 12 years old? The debt has been passed around numerous debt collection agencies, the last one being summer 2019. I'm wondering if it would be better disputing the amount and hoping for a manageable repayment schedule be better? Its not for a massive amount. Im not sure how much the original debt was for I think around 1,5-2k but they are now looking for 4.9k. I know its not massive amounts but its a lot when you can't afford it. The solicitors have been contacted and asked to clarify how they arrived at the amount of 4.9 but no reply as of yet and the deadline is next Thursday to submit the defence. I did go to FLAC but she had no experience with debt so advised me to see a solicitor which I can't afford.

partyguinness

orchidsrpretty wrote: »

Just wondering if anyone has experience in using 'statue barred' as a defence when being brought to court for a debt that is 12 years old? The debt has been passed around numerous debt collection agencies, the last one being summer 2019. I'm wondering if it would be better disputing the amount and hoping for a manageable repayment schedule be better? Its not for a massive amount. Im not sure how much the original debt was for I think around 1,5-2k but they are now looking for 4.9k. I know its not massive amounts but its a lot when you can't afford it. The solicitors have been contacted and asked to clarify how they arrived at the amount of 4.9 but no reply as of yet and the deadline is next Thursday to submit the defence. I did go to FLAC but she had no experience with debt so advised me to see a solicitor which I can't afford.

The creditor must commence court action within 6 years to stop the clock.

What dates are you talking about?

GerardKeating

orchidsrpretty wrote: »

Just wondering if anyone has experience in using 'statue barred' as a defence when being brought to court for a debt that is 12 years old?

The "statue barred" relates to when the debt is due, rather than when the debt first occured, so (for example) if i borrowed money in 2010 and promised to pay is back in 2016, the "clock" starts in 2016, and you have six years from 2016, not 2010.

28064212

After 6 years, it becomes statute-barred. That means the creditor must start court proceedings within 6 years. 12 years is for enforcement of a judgement after court proceedings

However, it's 6 years after the accrual of right of action. This is generally the date where it becomes possible to pursue the debt through the courts. If you have a contract that, say, provides for allowing payment up to a year late, the right of action starts at the end of the year.

There are at least two scenarios where the date of accrual resets:

1. the debtor makes a payment
2. the debtor acknowledges the debt - this must be in writing and signed by the debtor

If you've done either of these things in the last 6 years, a statute-barred defence is likely to fail

This is not legal advice, talk to a solicitor

orchidsrpretty

Thanks all. To clarify it was a credit card debt that no repayments had been made on since 2008.

Samuel T. Cogley

See a solicitor before you engage any further, there are ways to 'reset the clock' IIRC. Phone around a few and get quotes it may be cheaper than you think.

hullaballoo

Any acknowledgement of the debt is the most straightforward way to reset the clock and in most cases there will have been an acknowledgement along the line in some form be it over the phone or otherwise.

Also, you might want to look at the policy around the Central Credit Register on credit card debt as something tells me this can be impacted notwithstanding that the courts might deem it barred. It may be the case that the Credit Register issue has been and gone if it was notified over 5 years ago.

28064212

hullaballoo wrote: »

Any acknowledgement of the debt is the most straightforward way to reset the clock and in most cases there will have been an acknowledgement along the line in some form be it over the phone or otherwise.

I thought it had to be in writing and signed? http://www.irishstatutebook.ie/eli/1957/act/6/enacted/en/print#sec58

58.—(1) Every acknowledgment shall be in writing and signed by the person making the acknowledgment.

randomrb

There is an irony here that if the OP could be identified through there IP or some other method there is a good argument that this could be seen as an acknowledgement with a digital signature....