Statute Barred Debt

By nclcadmin, Friday, 25th July 2014 | 0 comments
Filed under: Debt.

Background:

The client was referred to CLM Northside by MABS in relation to debt collection legal proceedings which had been issued against her.

Our client was undergoing treatment for cancer. Due to her illness and the resulting medical treatment required, her immune system was seriously compromised and she was unable to leave her home to engage in employment and was dependent on social welfare. As a result, the client’s income was drastically reduced and she was unable to pay debts that she had incurred years prior to her illness. Legal proceedings were issued by the creditor’s solicitor which impacted significantly on the client’s mental health and had the potential to impact on her already limited income.

CLM Northside’s input:

CLM Northside requested a copy of all documentation relevant to the claim from the creditor’s solicitor.  We sought a copy of the payment protection insurance which the creditor maintained did not apply in the client’s circumstances as it required medical evidence confirming the client could not work for the rest of her life and not just for a limited period, in this case, up to 5 years.  Upon reviewing the documentation, received by the creditor’s solicitor, it became clear that the claim was statute barred as it was not issued within the 6 year time limit.  Upon notifying the creditor’s solicitor of this matter, our client received notification that the creditor would no longer seek to enforce the debt and a notice of discontinuance was filed.

Impact:

As the proceedings were not pursued, the client’s limited means were not further reduced and she avoided the stress of court proceedings.  

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