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I would also add that contact from a debtor to a creditor does not constitute any admittance on the part of a debtor and not sufficient for written acknowledgement of the debt.

The creditor cannot even rely upon a telephone conversation... it has to be written acknowledgement of the debt in clear terms accepting full liability.

Why? Because the burden of proof is on the party taking court action. You would have to prove the debtor either accepted owing the moneys in that time or made a payment towards it.

If not, it is the creditors own problem.

I'm concerned that the Limitations Act time period might be reduced to 3 years; I expect to see a raft of court action being undertook by DCA's in the hope they can secure judgements without all of the facts/paperwork being available.

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Quote: Don Sidwell
Oh deary me..thats what you'd like people to believe Mr Ritchie.
You cannot un stat barr a stat barred debt and even just "making contact" with the debtor does not restart the whole 6 year clock over again (as much as you'd love it to)
If a payment gets made - then yes it does restart the 6 year rule.
Thats why you hope you can bully/intimidate a payment out of someone i suspect.
I do not deny that you may be doing well currently.
Like i say, you ve had years to brainwash the public effectivley.
That brain washing wont be reversed overnight of course..but the ball has started rolling so to speak.

If they accept liability/make a payment towards the debt it does become un-stat barred. I would suggest you look into this further as it doesnt sound as if you dont know the full laws behind it.

As opposed to debtors "reversing the brain washing" - would you just not rather they thought before borrowing?? I hope the companies become smarter about who they lend to aswell as that would make my job soo much easier and I wouldnt have to deal with hundreds of people avoiding debt, not to mention the foul/abusive/racial abuse I need to take everyday. Again though, you would probably say I deserved that right? Cause I'm a debt collector its ok to give me the abuse I take?

Can I just clear up one thing. Once the debt is barred under S5 Limitation Act 1980, NOTHING can unbar it. Not even if the debtor took a full page advert in all the newspapers admitting the debt. I think the Debt Collection industry tries to deliberately mislead on this point
Another point I'd like to make, is that whenever I speak to DCAs on behalf of someone in debt, I get personally attacked, and spoken to as if I was an idiot. Well I can safely say that I have far more qualifications and experience than the ill informed and aggressive person on the other end of the telephone. If that's they way the everyday public is spoken to, then I would suggest that the industry invests in more training and more selective employment

I think the stat barred law should be reviewed and even cut down to something like 12 months....just to irritate the DCA's! lol

I agree. If the creditor can't do anything about their debt which is owed within a reasonable time, then they should be barred; although I think 3 years would be more workable :-)

The Limitations Act will not be reduced to 3 years, a ministerial announcement was made last year.

Ministers realised after lobbying (including from the advice sector) that there is a breed of debtor who evade their debts and therefore a mere 3 years was going to cost reputable businesses, (and Govt./Local Govt) a lot of money.

Interestingly in that proposal would have been legislation to make verbal acknowledgement and unsigned letters, 'acknowledgement'.