Want To Be Free

Want2beFree_2

Thank you for your replies! x :A

And thank you leanne i really wish that this was all over. God knows how much debt there is still out there or for how much. I really wish that some of it could be too old or not have to be paid now. But knowing our luck everything will land at once. I know what you mean about it being no good trying to pretend its not there. It effects his everyday life, our relationship, as he's always got the constant worry of more coming.

Tixy

Hi Wanttobe

Someone with experience will give you some proper advice on the council tax issues, hopefully roberto will check back in now you have given that info.

In the meantime can you confirm if your OH did live at that address from April 2001 to March 2004? If he did can he recall if he paid council tax at the time?
When did he move out? where did he go when he first moved out, was he renting independantly? (i.e. would he have started paying council tax elsewhere as soon as he moved out?)

I know these are more questions rather than answers but hopefully it will help the real experts advise you better.

Want2beFree_2

Hiya thank you for your reply, and it's all helpful. :A

I will double check with him when he wakes up later on what date he actually left the house, and to be honest with you i don't think he knew what he was paying for at the time, everything was on him, he was working double overtime just to keep up with what she was doing, the bills and then everything else.

When he moved out he did rent privately and went off to the town hall to pay his council tax as i was witness to on many occasions.
Just seems to be one thing after another.

Want2beFree_2

I'm a bit confused about the Statute Barred thing. Have been reading through as much as i can and am just giving myself a headache.

I read this bit:

"if there has been no acknowledgement of the debt by you making a payment or in writing within the relevant limitation period"

Does that mean if my OH hasn't been in contact in any way with whatever debt people, that the debt might be too old to be of a problem, and he might not have to worry about everything that might be left in ways of debts?.... Or am i just having a bit of afternoon dreaming and wishful thinking here?

Sorry for the stupid questions

Tixy

Hi Want2be

Yes thats right. If for any particular debt he hasn't paid towards it for 6years and he hasn't written to them then providing there is no CCJ it would be statute barred. That would mean he wouln't need to pay it back, he could simply write to say its statute barred and he doesn't intend to pay - once he has done that they are not allowed to continue to chase him for it. If he doesn't send the letter they can hound him. So he should not assume he has to pay every debt for which a letter appears.

The tough thing can be working out whether there has been 6 full years with no payments. But if he thinks it likely then people can advise on ways to check whether there has been.

Also if a debt letter arrives and its been say 5years 11months then there is no harm trying to ignore them for a month until it becomes statute barred

If he is sending any 'prove it' letters its vital for them to include the line 'I do not acknowledge any debt to your company' as this means that you haven't acknowledged it if he later realises it is SB.

No question is stupid if its relevant to debts etc and you don't know the answer- better to ask then make a mistake.

Want2beFree_2

Thank you :A

And about the CCJ - would a person know if one of them was issued or whatever it is they do? I mean does it mean a letter comes and you have to go to court? He hasn't been to court for any debt. And he hasn't written to anyone or paid any of these new debts to my knowledge. The council one and the loan he took out for her seem to be the biggest but nothing has been sent about the loan only one letter a few years ago i believe.

The council tax one, or the 3 of them i should say, say as i've said they're Liability orders, is that the same as CCJs?

So would you advise not to email the debt recovery people tonight but to find out more first? As if he emails them is that like admitting the debt so the Statute Barred would not be able to be said if it was found to be over 6 yrs old?

Thank you all so much for helping with this. xx

Tixy

He could have CCJs without his knowledge. Because they only have to send court papers to his last known address and on some of the debts its likely that is where the ex is living. If she didn't pass the letters on then CCJs could have been granted in his abscence.

He could check for any CCJs in his name at that address via the online registery trust (costs £8 but you can see it online immediately).

The council tax is a bit different to 'normal' unsecured debts. Sounds like they may already have liability orders against him but its not an area I know a great deal about - hopefully someone else will.

Want2beFree_2

It does say on the letters that liability orders were granted, does this mean for this debt the council one he has to pay? I'd help him pay off this one i'd give him all my wages if it meant it would be over, but its just the thought of more and more coming in, the loan one was over 10 thousand if that showed up again we don't have that kind of money.

RobertoMoir

Thanks for replying, want2bfree, that information will help me & others figure out where you are considerably. I'm at work at the moment (I was on lunch when I replied earlier). When I get home I will try and sit down and do something useful on the council tax side of things.

Want2beFree_2

Thank you so much, i don't want to be any bother to you, whenever you have the time will be really great. Thank you for taking the time to reply. x :A