Statute barred debts and the Limitation Acts

eyeopener2

Something to remember as well, if you can't find out whether a ccj has been awarded, then numb nuts dca won't be able to either. Now,if they have documentation proving it, well, your bang to rights. If they don't...well what are they going to do?

StrangeCharm_2

Thanks alot for your help. Much appreciated. It has put my mind at rest a little.

Groover27

Hi folks
Brilliant thread, thanks! Have been inspired to register and actually ask my question instead of just hoping to come across the answer.

The summary is: we paid off a debt in 2008 but it's showing as unpaid on credit agencies. The agency we paid (Allied International) has lost all records and never sent a receipt even. If we start trying to get confirmation that it has been paid, are we risking restarting the SB clock? Are they likely to suddenly start chasing for the remainder of the debt, even though it was a payment made in (partial) settlement? Am I too late to start worrying about this, as I've already started the ball rolling by contacting the original bank?

The detail is this: in 2008 a relative paid AIC a partial settlement of a Lloyds credit card on our behalf, for which we never received a receipt, nor was it marked as satisfied (or even partially satisfied) on Experian. In January the 6 years will be up and I expect it to fall off the credit reports, but in the mean time, we're in the final throes of buying a house, so don't want to wait that long if we can help it.*

We contacted AIC directly but they couldn't find the account. (I got the fear that it might've been scammed somewhere along the line, but on reflection, if AIC hadn't received it, they'd've continued chasing for it, so I think we're ok there.) We contacted Lloyds, who only said that they'd sold the account to AIC. AIC insists that they have no record of the account - despite us providing their own reference number etc. So, reasoning that if they can't find the account, they should at least be able to confirm that we don't owe them any money, I was about to ask them to do that.

But reading this thread about SB debts makes me suddenly worry that they might decide to start chasing for the remainder (although it was meant to be a settlement, if they have no records, who knows what they'll think up next?). So my questions are:
Does asking for confirmation that a debt was settled, constitute acknowledgement of the debt? (If so, I've already done that with Lloyds, so I guess I should stop worrying as it's too late).
Does anyone have any other advice? I'd almost rather leave it until January when it's supposed to fall off the credit reports, and then reapply, but we risk losing the purchase then, and what if it doesn't fall off, etc etc. (And will the mortgage lender look more favourably on an application with a better record, but so close to a declined one? Who knows. They're a bit weird anyway. See below.)

Would be grateful for your collective wisdom.

*Ha! A side note about Halifax. We got two mortgages in principle, one earlier this year and another right before we made the house offer. Then we did the full application (through a mortgage advisor) and it was accepted on the spot. Survey was booked, and the day before it was due, Halifax phone the MA to say they'd changed their mind. Digging through the credit records reveals this one still appearing to be an unpaid debt.

fatbelly

If the credit report entry does not show 'settled' even 'partially settled', how do you know that the entry will drop off in Jan 2014? I assume it is marked 'default Jan 2008'.

Who is reporting - AIC or Lloyds?

The reported default would not have changed with your settlement deal and would be a factor in applying for credit.

As you do not appear to have got (and kept) a letter from AIC confirming the deal - and that is a theme that runs through this whole thread as being essential - then stirring things up at this stage has more downside than up!

Does asking for confirmation that a debt was settled, constitute acknowledgement of the debt? If it's not in writing definitely not. If it is in writing then it would need to be quite carefully worded if there is no evidence of the deal.

Groover27

It's marked default Dec 2007, and if you mean, whose account does it show as on Experian, then Lloyds.

Weirdly, on Equifax it doesn't show up at all. The other Lloyds debt does.

Hmm. I probably have left myself open to restarting the clock with the letter to Lloyds. The wording on my letter included the account details and our probable address at the time, and this paragraph:
[FONT=&quot]"In October 2008, a payment of x was made to Allied International Credit (AIC), by x, on my behalf in settlement of the above account. Their reference is x. Could you please confirm that this was received and that the account is now closed? [/FONT]"

I'm starting to agree with fatbelly, maybe better to leave this dog asleep!

fatbelly

Lloyds should not be continuing to report as it's no longer their debt - you can ask them to remove the entry or mark it satisfied - address at the end of your Experian repoort

Groover27

Ooh! That sounds like a winning plan. Thank you!

fetherston

Is recovery of overpayment of council tax benefit subject to statute limitation?

thewhiteavenger

fetherston wrote: »

Is recovery of overpayment of council tax benefit subject to statute limitation?

An overpayment of council tax benefit results in an underpayment of council tax and this is subject to limitation under different legislation

A 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.

The cause of action (when the limitation period starts running) for council tax, is when the council first sent a bill to you. Unreasonable delays in sending bills could be grounds for making a complaint to the local authority and, if unresolved, the Local Government Ombudsman

In practice councils are quick to get a liability order so limitation rarely applies.

liam8282

https://forums.moneysavingexpert.com/discussion/4813425

Please could somebody have a look at my other thread and give me some advice, if possible.

Thanks in advance.