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6 year old debts

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Comments

  • lee2009
    lee2009 Posts: 104 Forumite
    I didnt purposely move away i unfortunately had to because of harrasement and my and my tenancy agreement was terminated.
  • I'm interested in this as some of mine I know turned into CCJs but I wasn't even in the country and didn't know about them.
  • lee2009
    lee2009 Posts: 104 Forumite
    I have read about ccjs while people have been out of the country i think you can get them set aside on them grounds.
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    GeorgeUK wrote: »
    I think Fermi posted something about this - it was along the lines of the debtor had not stopped the creditor from enforcing the debt, only that their location may not have been known. There was nothing to stop the creditor enforcing the debt through the courts with a CCJ etc.

    Exactly.
    MrsTine wrote: »
    Depends if they could argue that they couldn't serve the CCJ papers as the debtor purposely moved away to avoid it... grey area I think and one I honestly don't know how a judge might view - I would say it could go either way...

    No. The exceptions only apply if you have somehow misled the creditor into thinking that they don't have a "right of action" against you.
    lee2009 wrote: »
    I have read about ccjs while people have been out of the country i think you can get them set aside on them grounds.

    Just not having a current address is not normally enough.

    http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court
    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
  • lee2009
    lee2009 Posts: 104 Forumite
    Does anyone know for sure if council debts can be statue barred ? i have sent letters in the past with no response about this and gone into offices who nothing on the records waiting for recovery. It would be over 6 years now and have tryed to find out if i have a debt or not. i was told when i first tryed to get a house back in 2003 that they was damages over 3000 but have since wrought and asked about this debt with no success.
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act
    Council Tax

    The council should not go to the magistrates' court and ask for a liability order for Council Tax more than six years after the Council Tax became due. This is under Regulation 34(3) Council Tax (Administration and Enforcement) Regulations 1992.

    Council Tax appears to be 'due' when the council sent a demand notice to you which may not be at the same time the Council Tax rate was set. It is important that you check when the demand was sent as this affects when the six year limitation period begins. You can also complain to the Local Government Ombudsman if the demand was not sent out 'as soon as practicable' after the rate was set.
    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
  • lee2009
    lee2009 Posts: 104 Forumite
    I have read this however it isnt council tax an di have paid all council tax not sure council debt is covered as the same.
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