Does this credit ackowledge the debt and reset the SB clock?

[labman]

Re: Does this credit ackowledge the debt and reset the SB clock?

agent n. a person who is authorized to act for another (the agent's principal) through employment, by contract or apparent authority. The importance is that the agent can bind the principal by contract or create liability if he/she causes injury while in the scope of the agency.

[gravytrain]

Re: Does this credit ackowledge the debt and reset the SB clock?

agent n. a person who is authorized to act for another (the agent's principal) through employment, by contract or apparent authority. The importance is that the agent can bind the principal by contract or create liability if he/she causes injury while in the scope of the agency.

Thanks Labman on the ball as usual.

The salient sections of this are "Authorized by contract" I think, it may be difficult to argue against the assertion that this did not apply in your friends cases IMO

[FlamingParrot]

Re: Does this credit ackowledge the debt and reset the SB clock?

Just my personal view,If the bank could prove the payment came from an account bank or even gambling account thet the person has a control over then the could argue the clock has restarted on the debt after all we are told the bank account holder was also the gambling account holder?

Yes, he is, only he wasn't aware that the refund would be credited to this account and he tried to get Skyvegas to reverse the transaction.

[wales01man]

Re: Does this credit ackowledge the debt and reset the SB clock?

I dont know much about gambling site accounts but i thought with a credit or debit card transaction credit will only be made to the card payment came from?

[gravytrain]

Re: Does this credit ackowledge the debt and reset the SB clock?

I would say it would depend on the judge. it is probably 50/50, in these cases a said the burden of proof is on the creditor so it may sway it in you friends direction

[FlamingParrot]

Re: Does this credit ackowledge the debt and reset the SB clock?

I would say it would depend on the judge. it is probably 50/50, in these cases a said the burden of proof is on the creditor so it may sway it in you friends direction

You don't normally go to court to establish SB status. I assume you're saying if this went to court in 2018, the SBd defence may or may not fly depending on the judge, however, the fact still remains this account has been described as a 'Mayhew clone' so there's this issue as well, and M&S probably won't risk it. And if they were going to court, they probably wouldn't wait that long!

I know when you're just starting out you count the months and years you've got left but after a while it all goes quiet and you forget about the ticking clock, I've only got 3 years left! :clock:

[gravytrain]

Re: Does this credit ackowledge the debt and reset the SB clock?

You don't normally go to court to establish SB status. I assume you're saying if this went to court in 2018, the SBd defence may or may not fly depending on the judge, however, the fact still remains this account has been described as a 'Mayhew clone' so there's this issue as well, and M&S probably won't risk it. And if they were going to court, they probably wouldn't wait that long!

I know when you're just starting out you count the months and years you've got left but after a while it all goes quiet and you forget about the ticking clock, I've only got 3 years left! :clock:

SB can be used as a defense should the creditor try to enforce of course, it would then be for the creditor to prove it wasn't, perhaps I wasn't clear.

I suppose the best bet would be just to ignore the possibility for now and see if it comes up at the time. But for warned is for armed as they say.