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An ordinary debt is unenforceable after 6 years provided you don't acknowledge its during that time. If you do, the clock starts again.
Debt scam letter
- Thread starter Harry Bloomfield
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What is the definition of "acknowledge"?
Is telling them that their claim is false, "acknowledging" it?
What's the difference between an ordinary debt and an extraordinary debt?
Well possibly
Council debt may be an extraordinary debt
As afaik it’s the only “ debt” that you can be banged up for ??????
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What's the difference between them though?
Jail time ?? Possibly ?
But I did not use the word extraordinary
Afaik tis the only debt you can be jailed for ??
TV licence fee?
..er yes, whatever.
I'm not on about the consequences of not settling one or the other. I'm asking what determines or defines a debt that is ordinary and one that is extraordinary?
No, you didn't. MBK did use the word ordinary when describing a debt that.....
So with that reckoning, there must be debts that are enforceable. What sets the two debts apart?
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It would depend how clumsy you were in your communication.
Saying that you dispute the amount or that the amount is incorrect, is an acknowledgment.
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Ordinary debt - One created by simple contract (e.g. you build an extension for me for £20k and I don't pay you the last £5k, you have 6 years to bring a claim). "extraordinary" (your term not mine.). would be recovery of a debt created by liability due to conversion (you left your tools behind and I unlawfully sold them) or you decided to remove the tiles from my roof because I didn't pay (theft).
A contract under seal or Deed is different. These are called Specialities. For these the time limit is 12 years. An example of a speciality is a lease or sale of land. e.g. you agree to pay me a fee for disposal or assignment.
Hence I used the term ordinary debt - i.e. one created by simple contract.
It's all documented in the Limitation Act. For council tax debt the time limit is the same as a simple contract, but it's covered by sec 34 Council Tax (Administration and Enforcement) Regulations 1992. They can't get a liability order for a debt older than 6 years.
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thats a fine not a debt.
Is telling debt collectors to go away or peeking through your curtains at them - acknowledgement? Is simply answering the phone to those with an interest in recovering the money - acknowledgement?
Am I correct in saying that - if I were to run up large debts on a fist full of credit cards, just say prior to moving, and ignored all suspicious correspondence for six years - the debt is wiped?
And if there is no debt (and the claim is spurious), can the collectors keep - legally - "resetting the clock" to another 6 yrs?
i.e. a never-ending cycle of being drawn into fighting a (in reality, non-existent) claim?
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