Statute barred debts and the Limitation Acts

antrobus

poppasmurf_bewdley wrote: »

Not just tax. Any overpayment of benefits can be treated the same way.

On a point of order.

The Limitation Act 1980 does not apply to any tax or duty.

Benefits are different. The Limitation Act 1980 does apply to the overpayment of benefits. Not that it matters, the DWP doesn't need to go to court to receover the money; it can just just knock it off your state pension as and when the time comes.

poppasmurf_bewdley

Mac72 wrote: »

Any advice on how I should explain the near 8 year 'gap' in my financial life to them?

I presume any bank I approach are going to do some sort of background check (credit check??) on me before they let me open an account?

What sort of things are likely to show up?

Just apply for a basic bank account with any of the major banks. Your lack of credit history shouldn't be a problem. A problem could arise if you had a credit history full of CCJ's, defaults or late payments.

poppasmurf_bewdley

suite001 wrote: »

Can I suggest that somewhere prominent we put that the SoL does not apply if you have a CCJ against you for the debt, although if the creditor has not enforced it in the last 6 years, they cannot just start no.

I think we have done that many, many times, including in my post#347 above.

Mac72

poppasmurf_bewdley wrote: »

A problem could arise if you had a credit history full of CCJ's, defaults or late payments.

..but given the length of time involved, there should not now be anything showing up on any credit check they do?

nebakanezer

Hi guys, just a quick query. I've only just become aware of this statute barred situation. Basically we failed our iva due to me having an operation, then a year later breaking my shoulder, I had a lot of time off work and also lost work as I'm self employed etc.

This was a few years back now and we've heard absolutely nothing from creditors. Is it worth just sitting tight and hoping it gets to six years? No CCJ's and no contact from us regarding debt.

Is it fairly common for this kind of thing to occur? (Statute barred situation)

I know that's just a very basic outline and there are probably a few variables involved but just wanted a little asvice, thanks.

sourcrates

nebakanezer wrote: »

Hi guys, just a quick query. I've only just become aware of this statute barred situation. Basically we failed our iva due to me having an operation, then a year later breaking my shoulder, I had a lot of time off work and also lost work as I'm self employed etc.

This was a few years back now and we've heard absolutely nothing from creditors. Is it worth just sitting tight and hoping it gets to six years? No CCJ's and no contact from us regarding debt.

Is it fairly common for this kind of thing to occur? (Statute barred situation)

I know that's just a very basic outline and there are probably a few variables involved but just wanted a little asvice, thanks.

How many years back, and how old are the accounts ?
also when did you last make payment to them.

nebakanezer

Hi sourcrates, last payment or contact of any kind was roughly around 3 years ago, probably longer, I'd have to check. The debt was unsecured loans and credit cards, maybe 8 years ago, longer for credit cards if you mean when they were first applied for? Thanks

nebakanezer

Last payment to the actual creditors was longer, we were paying to the iva company for a couple of years if that makes any difference

whitebirds

Hi,
I sent the statue barred letter to the company, and they phoned me saying that a payment had been made 2 years ago, and that i should go to the building society, and check for myself. It's possible I did this, but I didnt think that i had made this payment.

When i asked them to provide proof, they said their procedure was to tell the customer to go and check. Is this right?

I'm also not sure if a CCJ was made on this debt, but it was so long ago it isnt on my credit record. How can I check?

thanks

fatbelly

whitebirds wrote: »

Hi,
I sent the statue barred letter to the company, and they phoned me saying that a payment had been made 2 years ago, and that i should go to the building society, and check for myself. It's possible I did this, but I didnt think that i had made this payment.

When i asked them to provide proof, they said their procedure was to tell the customer to go and check. Is this right?

I'm also not sure if a CCJ was made on this debt, but it was so long ago it isnt on my credit record. How can I check?

thanks

If there was a ccj on this, their response would be 'there is a ccj on this' not 'you made a payment 2 years ago'

It is their job to evidence a payment if they choose to go down the court route, but if you can check, you should do so.

It is well known that creditors make up fictitious payments.

Best not to talk to them on the phone as everything needs to be in writing in case it is needed as evidence in a court case.