Limitation Actgreenspun.com : LUSENET : Repossession : One Thread
If I have an unsecured debt £6k which is now over 6 years old, how is this affected by the Limitation Act? What would happen if my payments ceased?
-- Pat Bennett (email@example.com), October 26, 2004
It's six years from the date of the last payment - or written acknowledgement) so I'm guessing that as you state "if payments ceased" you are still paying - so the six years hasn't even started yet!
-- Mark O'Keeffe (firstname.lastname@example.org), October 26, 2004.
Oh,so if I ceased payments at anytime they could obtain a County Court Judgement on me? As I have today had a judgement made against me regarding a debt which occured 6 years ago. I have been making monthly payments, but they obtained a judgement against me today because of the limitation act. They said that if they hadnt done this within the six years and payments ceased they would not have any recourse. That is why I wondered about another debt I have. Because of this Judgement, I know owe more than I did six years ago despite my repayments because of court costs and interest.
-- Pat Bennett (email@example.com), October 26, 2004.
It is my understanding and please anyone feel free to creect me if i am wrong that if you hadnt made pmts on the above mentioned unsecured debt and that if the companies concerned had not taken legal action then after 6 years the debt can no longer be persued through the courts. However a default becomes reset for a further 6 years from the date the last pmt was made. So therefore ceasing your pmts would not do any good as you have already accepted full liability for the debt.
-- julianne sproston (firstname.lastname@example.org), October 27, 2004.