Statute barred debts and the Limitation Acts

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  • Hi there,

    I'm a newbie here so apologies if I'm posting in the wrong place.
    I'll try to keep what is a very complicated situation brief.
    My OH is being taken to court by the CSA for a liabilty order for a claim going back to 1996.
    For personal reasons, my OH never responded to the claim at any point as the PWC lodged the claim with the CSA, 7 years after registering the child as "father unknown" on his birth certificate and when OH asked for DNA testing, she disappeared for nearly 12 yrs!
    The CSA have produced as evidence, only 2 demands, one dated september 1996 and one dated april 2006.
    In 2006 they lodged their first attempt for a liability order, which they abandoned in court at the last minute.
    However thay are now going ahead again...given that they are trying to claim a debt going back to 1996, are we in a position to use the statute of limitations at all?
  • RAS
    RAS Posts: 32,539
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    jules head over to the Child Support forum and ask kelloggs for help.
    The person who has not made a mistake, has made nothing
  • Oh Ta Ras, much appreciated.
  • Waynoo
    Waynoo Posts: 157 Forumite
    whats an SOL?
  • fermi
    fermi Posts: 40,546
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    Statute Of Limitation
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  • Waynoo
    Waynoo Posts: 157 Forumite
    hi thanx,just wandering if i should wait before i get a letter threatening court action before i send the letter about statute barred to the debt company?
    At the moment im just getting letters asking me to discuss a repayment plan with them.
  • fermi
    fermi Posts: 40,546
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    Up to your.

    Are you sure the debt is statute barred?

    If you are, then just send the letter.

    If you are not, then wait. If they go to court then it is up to them to prove it's not SB.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • Waynoo
    Waynoo Posts: 157 Forumite
    ok thanx again il send the letter tomorrow and yes my debt was defaulted 8 years ago and i havent contacted the company since.
  • Hi, I know this is an oldish thread, but it came up when I googled my question. I have a very old debt 10 or 11 years old, but I made 2 payments a few years ago, CAB said at the time that it didn't count as acknowledgment of the debt for some reason, and I should send the letter that they gave me. I lost that letter but the harrassment stopped anyway so I just forgot about it, but I'm getting letters again now, please can someone shed some light on this, why was my payment not acknowledgement? they also said I would be refunded those payments, what letter should I send? Thanks in advance.
  • Tixy
    Tixy Posts: 31,455 Forumite
    Hi - are you in england?

    Do you think there was a period of 6years between when you originally stopped paying and when you made the 2 payments years later? If so then CABs advice might have been because your debt was already statute barred before you made those payments.
    Once a debt becomes SB then making later payments won't change this, so you could still send the original letter.

    However once a debt becomes SB it does still exist (they just can't take action against you) -so any payments made 'by accident' to a SB debt would not be refunded.
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