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Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 8402
Experience:  Barrister 17 years experience
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Good morning - I hope you can answer my question. Back in 2001

Resolved Question:

Good morning - I hope you can answer my question. Back in 2001 I had a dispute with a national bank here in Republic of Ireland which still remains outstanding. The debt is €5000 and I have a FULL file of communications with the bank, the last being a letter from me to the bank in December 2007, still disputing it. I heard nothing from them until last week when they sent me a letter apologising for not contacting me for the last 6 years and stating that they would accept €3000 in settlement. Can you let me know what the statute of limitations on this debt? Considering they have acknowledged their lack of contact, can they insist I pay it? I look forward to receiving your advice. Thank you
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 1 year ago.

Buachaill :

1. The statutory time limit on a debt is six years. Accordingly, whilst the lastl etter by you to the bank is just under six years ago (December 2007), provided you have now acknowledged the debt within the last six years, then the debt is statute barred. An acknowledgement is some form of letter which states "I owe the debt". An acknowledgement is more than just writing to the bank. There must be some form of acknowledgement that you owe the debt. So I would advise you to look closely at the letters you wrote between July 2007 & December 2007 and ascertain if any of them involved an acknowledgement of the debt or whether they were mere form letters. If none of the letters included an acknowledgement of debt, then the debt is statute barred and you don't have to pay it.

Buachaill :

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Customer:

Dear Sir - many thanks for your prompt response. I have just checked all paperwork dated within the period of July 2007 and December 2007 and can find no acknowledgement of the debt owing or offer of settlement. Around this time I employed the services of a solicitor who wrote to the bank on my behalf outlining the situation, but the bank never replied to him.

Customer:

.

Buachaill :

2. Well, that is great. The debt is then statute barred. Best of Luck!

Buachaill :

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Buachaill, Lawyer
Satisfied Customers: 8402
Experience: Barrister 17 years experience
Buachaill and other Republic of Ireland Law Specialists are ready to help you
Expert:  Buachaill replied 11 months ago.
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