Statute barred debts and the Limitation Acts
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I have inherited a house with a £1000 charge from 1987 with Barclays I don't have the money to get the house put into my name. What should I do?
This isn't a statute barred question. If you phrase it as above the guys on the housing board (or deaths, funerals and probate?) should be able to help.
The deceased's debts are paid from the deceased's estate. You will need to say whether you are the executor of the estate.0 -
Hi how do I go about getting a debt statute barred? it is a charge on a house from 1984?0
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thewhiteavenger wrote: »This isn't a statute barred question. If you phrase it as above the guys on the housing board (or deaths, funerals and probate?) should be able to help.
The deceased's debts are paid from the deceased's estate. You will need to say whether you are the executor of the estate.
I am the only beneficiary the solicitor is the executor of the estate, no money just the house with the charge of £1000.0 -
Why not ask the solicitor who is acting as executor?"There are not enough superlatives in the English language to describe a 'Princess Coronation' locomotive in full cry. We shall never see their like again". O S Nock0
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Hi how do I go about getting a debt statute barred? it is a charge on a house from 1984?
Is that even possible ?I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
Hi new to the site. Very quick question. I/ex husband have an old debt, Lowell etc have been chasing me etc. I responded to the court letter and defended with the statute of limitations as my response. Since then I have received another letter from Bryan Carter solicitors saying the client is going to defend this in court saying they should be able to successfully defend their claim but are willing to settle!!
They have attached a Tomlin Order for me to pay half the debt up front in so many days or the full debt over a certain amount of time in agreement with them. Are they trying to pull a fast one because they know the statute of limitations is up (over 7 years)? It is a shared debt but I didn't know about it as I was living in another country and believed my ex husband had settled it.
I have written out the letter as per your site that they don't have a claim and need to prove acknowledgement, they can't because I wasn't here.
Any advice please.0 -
Hi new to the site. Very quick question. I/ex husband have an old debt, Lowell etc have been chasing me etc. I responded to the court letter and defended with the statute of limitations as my response. Since then I have received another letter from Bryan Carter solicitors saying the client is going to defend this in court saying they should be able to successfully defend their claim but are willing to settle!!
They have attached a Tomlin Order for me to pay half the debt up front in so many days or the full debt over a certain amount of time in agreement with them. Are they trying to pull a fast one because they know the statute of limitations is up (over 7 years)? It is a shared debt but I didn't know about it as I was living in another country and believed my ex husband had settled it.
I have written out the letter as per your site that they don't have a claim and need to prove acknowledgement, they can't because I wasn't here.
Any advice please.
It does appear that they are not convinced they can win this.
If they can't show you evidence that you acknowledged the debt within a six-year period, then they cannot show the court. Acknowledgement can be by payment or in writing and must be made by you or someone acting for you.
If they do continue, and take it to a hearing, then you must attend.0 -
Sorry it's a long one but i'm needing some advice here please.
Husband had a large debt originally with MBNA credit card.
In 2004 we got into financial difficulty and agreed with them to make repayments of £1 per month. This ended in them selling the debt to CABOT FINANCIAL on 20/09/04. We haven't made a single payment on this debt since.
On 20/02/2009 CABOTS solicitors (BREACHERS) applied to Brighton County Court to have judgement made. We were ordered to pay full amount so applied to vary the order. This was dismissed. Another letter dated 19/06/09 arrived from BREACHERS saying although our application to vary the order was dismissed they were prepared not to enforce the judgement if we paid £50 per month. Again we didn't respond and made no payment.
On 23/09/09 we received a letter stating that as we had failed to pay, FIRE were now instructed to collect the debt. This went between 2009-2014 from FIRE to ROBINSON WAY to CLARITY to MACKENZIE HALL back to CABOT then to RUTHBRIDGE and to MARLIN before finally to MORTIMER CLARKE SOLICITORS.
On 22/08/14 MORTIMER CLARKE SOLICITORS wrote to us stating that they had been instructed by their client (Cabot) that no County Court Judgement had been issued for this debt?? and they were going to start court proceedings against us. I have received the dreaded County Court Claim Form this weekend.
Since no payment has been made on this debt since 2004 and they didn't enforce the order in 2009, should i dispute the claim as 'Statute Barred' or is that not possible.
Please help - Thank you0 -
Hi, I would really appreciate your help as Iam at advanced stage in this litigation with my credit card debt. I was deaulted on my cc back in Sep 2009,.... however the last payment made to this account was June 2008 ( so the default was issued after more than a year ). Now one of DCA ( Cabot to Marlin now Restons ) has started CCJ proceedings and I defended the claim by sending letter in this thread saying its over 6 years old. however they are disputing it saying the 6 years start from the default date taking that as the last cause of action. Not sure if thats the case ? please advice0
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Hi, I would really appreciate your help as Iam at advanced stage in this litigation with my credit card debt. I was deaulted on my cc back in Sep 2009,.... however the last payment made to this account was June 2008 ( so the default was issued after more than a year ). Now one of DCA ( Cabot to Marlin now Restons ) has started CCJ proceedings and I defended the claim by sending letter in this thread saying its over 6 years old. however they are disputing it saying the 6 years start from the default date taking that as the last cause of action. Not sure if thats the case ? please advice
Dealt with by fatbelly earlier in this thread
http://forums.moneysavingexpert.com/showthread.php?p=61645519#post616455190
This discussion has been closed.
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