Statute barred debts and the Limitation Acts

Johnny_Lee

Johnny_Lee wrote: »

I've just received a county court claim form regarding a debt from 2008. I'm not sure of the exact date the debt was last acknowledged, but it must be very close to becoming statute barred (if it hasn't already). Is there any way of finding out more details from them without acknowledging the debt?

Would it be just as easy to reply by disputing the whole claim and just stating that it's statute barred to see what they come up with?

It would be annoying of them to get a CCJ just as it's about to pass into SB territory.

Further to my earlier post, I had a look through my old bank statements and found what looks like a payment made on 26th June 2008. That is the last time the debt was acknowledged.

Now, this claim was issued on 23rd May 2014, I have five days until it's considered issued, which is the 28th May, and I've acknowledged the service, giving me 28 days to respond. This puts the last day on 25th June 2014 - one day short! :mad:

Or is it?

Would it become statute barred on the 25th (the day it becomes a full six years old) or on the 26th (the day of the anniversary of the last acknowledgement)? And would the judgement be issued on the very last day or would it take a day or so?

I only need to find a day somewhere!

Tixy

Johnny_Lee wrote: »

Further to my earlier post, I had a look through my old bank statements and found what looks like a payment made on 26th June 2008. That is the last time the debt was acknowledged.

Now, this claim was issued on 23rd May 2014, I have five days until it's considered issued, which is the 28th May, and I've acknowledged the service, giving me 28 days to respond. This puts the last day on 25th June 2014 - one day short! :mad:

Or is it?

Would it become statute barred on the 25th (the day it becomes a full six years old) or on the 26th (the day of the anniversary of the last acknowledgement)? And would the judgement be issued on the very last day or would it take a day or so?

I only need to find a day somewhere!

They have 6years from the date of last payment/acknowledgement to start court proceedings. My understanding is that them sending out the court papers means they have started court proceedings. You could possibly call national debtline for confirmation on this but I think ythey have acted in time and it won't now become statute barred (assuming they continue to court and prove the debt is owed).

ShirePiskie

Confuseduser wrote: »

Hi, hoping someone can offer some advice on a possible problem i may have coming

My birth father passed away in 2007, the police found my details as his only kin,and so i arranged funerals etc, he had no money, just lived in a caravan on a site, the land owner wanted the site cleared so gave me a cheque to let him clear the pitch and re-let.

Have heard nothing since, until recently when the land owner forwarded a letter to me

It is a letter from a credit agency regarding some debt my father appeared to have when he died, it says they will be passing it on to a collection agency now

I am wondering what to do, as the letter does not have my name or address, so assuming they do not know who i am, is the debt now statute barred? Or could they say they have been trying to find him for several years?? I guess the new residents on site have just binned any mail they may have had over the years

Any advice welcomed

Thank you

My understanding is a debt is not 'inherited'. It can be claimed for from the deceased's estate, but the debt is not yours. If there was no estate/ inheritance, then they can't claim from you.

Statute barred doesn't come into it.

fatbelly

Johnny_Lee wrote: »

Further to my earlier post, I had a look through my old bank statements and found what looks like a payment made on 26th June 2008. That is the last time the debt was acknowledged.

Now, this claim was issued on 23rd May 2014, I have five days until it's considered issued, which is the 28th May, and I've acknowledged the service, giving me 28 days to respond. This puts the last day on 25th June 2014 - one day short! :mad:

Or is it?

Would it become statute barred on the 25th (the day it becomes a full six years old) or on the 26th (the day of the anniversary of the last acknowledgement)? And would the judgement be issued on the very last day or would it take a day or so?

I only need to find a day somewhere!

On your dates they had until 26 June 2014 to start a claim - and did so. The papers are considered served 5 days after claim date if it's Northampton Court. That dictates the timescale for you to respond. It seems they were aware of your last payment date.

Not in Scotland by any chance are you?

fatbelly

ShirePiskie wrote: »

My understanding is a debt is not 'inherited'. It can be claimed for from the deceased's estate, but the debt is not yours. If there was no estate/ inheritance, then they can't claim from you.

Statute barred doesn't come into it.

The Limitation Act would still apply to claims against an estate.

But it's true if there was a nil estate that's the end of it.

Brianthemodeller

Hi,

First post on the forum and it's a bit of a puzzler (to me at least)...

My Grandmother died in April 2013. She had appointed her solicitor as executor of her will and, after some nine months the estate was split between me, my brother and our mother - equal three way split.

My mother has just received a letter from the solicitor requesting a cheque for £2800. This is in response to a claim from Dept for Work and Pensions for an overpayment of Income Support (£800) and Pension Credit (£2000) dating back to 2003. The letter from the solicitor also notes that DWP reviewed Grandma's benefits in 2006. No mention was made at the review about any potential over payment.

I have a few questions:

1. Are DWP, as a government department, subject to Statutory Barring?
2. Can DWP make a claim against an estate that has been settled?
3. Is the executor of the estate, i.e. the solicitor, in any way liable for the alleged over payment
4. Are the recipients of the estate, i.e. me, my brother and mum, in any way liable for the alleged over payment?

Thanks in advance

Brian

thewhiteavenger

Brianthemodeller wrote: »

Hi,

First post on the forum and it's a bit of a puzzler (to me at least)...

My Grandmother died in April 2013. She had appointed her solicitor as executor of her will and, after some nine months the estate was split between me, my brother and our mother - equal three way split.

My mother has just received a letter from the solicitor requesting a cheque for £2800. This is in response to a claim from Dept for Work and Pensions for an overpayment of Income Support (£800) and Pension Credit (£2000) dating back to 2003. The letter from the solicitor also notes that DWP reviewed Grandma's benefits in 2006. No mention was made at the review about any potential over payment.

I have a few questions:

1. Are DWP, as a government department, subject to Statutory Barring?
2. Can DWP make a claim against an estate that has been settled?
3. Is the executor of the estate, i.e. the solicitor, in any way liable for the alleged over payment
4. Are the recipients of the estate, i.e. me, my brother and mum, in any way liable for the alleged over payment?

Thanks in advance

Brian

This is a bit odd, and I wonder if the 'Wills,Probate and Bereavement' forum on Legal Beagles might be a better place for your query.


The Limitation Act does apply and if the 'cause of action' occurred in 2003 then it would be statute barred. There may be an argument why the overpayment could not have come to light before 2014 but the DWP would have to state their case.


Normally one of the first things an executor would do is to check that there are no monies due to or from the DWP. Nine months should have been more than enough time for this so you would think that the solicitor would have had a letter confirming this before settling the account.


The complication here is that the solicitor acts for the deceased, not you. But there are all sorts of questions that your mum should be asking and it would be best if she gets some guidance from those for whom this might be a routine question.

g6jns_2

thewhiteavenger wrote: »

This is a bit odd, and I wonder if the 'Wills,Probate and Bereavement' forum on Legal Beagles might be a better place for your query.


The Limitation Act does apply and if the 'cause of action' occurred in 2003 then it would be statute barred. There may be an argument why the overpayment could not have come to light before 2014 but the DWP would have to state their case.


Normally one of the first things an executor would do is to check that there are no monies due to or from the DWP. Nine months should have been more than enough time for this so you would think that the solicitor would have had a letter confirming this before settling the account.


The complication here is that the solicitor acts for the deceased, not you. But there are all sorts of questions that your mum should be asking and it would be best if she gets some guidance from those for whom this might be a routine question.

The solicitor should have published statutory notices that any claims have to be made by a specific date. Assuming this was done correctly the DWP, or any other creditor, cannot subsequently claim. If the executor failed to do this then they were negligent and are liable for the consequences. You should ask the solicitor why?

antrobus

g6jns wrote: »

The solicitor should have published statutory notices that any claims have to be made by a specific date. Assuming this was done correctly the DWP, or any other creditor, cannot subsequently claim. If the executor failed to do this then they were negligent and are liable for the consequences. You should ask the solicitor why?

You misunderstand. A statutory notice protects the executor against any subsequent claims by creditors. It doesn't protect the beneficaries.

cannotsave

Hi Everyone,
Could someone please tell me when the clock starts ticking for the 6 years with a debt to become statute barred thanks. my situation is I have been issued with a ccj claim dated 17/6/2014 for a loan i took out 9/10/2007. I stopped paying the repayments around 9/3/2008 and had not replied to any letters or phone calls from the bank or debt collectors at all .
So I sent my defence as claiming statute barred. Now the solicitors have replied saying the bank did not terminate the contract until 15/10/2008 and so this is the date that the clock would start ticking.
Is this true? and many thanks for any help.