Statute barred debts and the Limitation Acts

Alex128xd

Hi
After some advice on this, the DWP has done a direct earnings attachment on my wife's earnings for a debt that we know 100% is statute barred, a fact that the DWP has also confirmed.
We are in England and it was at least 8 years.
Just after advice on next step as we did initially send a similar letter as per the below 2 years or so ago and then this pops up out of nowhere.
Thanks

Alex

Alex128xd

Just to add, they did state that they couldn't pursue directly but can deduct it from any future benefit claim, we do not receive any benefits.

fermi

DWP can do a DOE no matter whether it is statute barred or not, as it does not require legal action through the courts to do.

How much was the debt for though?

poppasmurf_bewdley

Alex128xd wrote: »

Hi
After some advice on this, the DWP has done a direct earnings attachment on my wife's earnings for a debt that we know 100% is statute barred, a fact that the DWP has also confirmed.
We are in England and it was at least 8 years.
Just after advice on next step as we did initially send a similar letter as per the below 2 years or so ago and then this pops up out of nowhere.
Thanks

Alex

Statute Barred only means that the debt cannot be chased through the legal system. The debt is still owed.

The DWP doesn't have to resort to the legal system to get an earnings attachment. Even if they didn't do that, they could recoup the money from any benefits being paid, or even your pension when you (or she) retires.

Please don't forget that this money is not owed to the Government, it's owed to the taxpayers - you, me and everybody else.

discodancing

Hi all,

Any advice would be much welcomed!

I live in Scotland. I have two accounts that went into default in February and March 2011 (ex boyfriend's date in my name so I was stubborn and didn't want to pay it). Should these two accounts now come off my file? Is it correct that in Scotland it can only stay on my account for 5 years?

Thanks in advance!

fermi

No, debts stay on your credit file for 6 years from the default date in Scotland and England.

The 5 years for a debt being statute barred in Scotland has nothing to do with how long things remain on credit files.

discodancing

fermi wrote: »

No, debts stay on your credit file for 6 years from the default date in Scotland and England.

The 5 years for a debt being statute barred in Scotland has nothing to do with how long things remain on credit files.

Thank you for your reply. So statute barred just means I can't be persued for the debt?

fatbelly

discodancing wrote: »

Thank you for your reply. So statute barred just means I can't be persued for the debt?

You have a defence to any court action

golden88

Hi

I have had a debt with Vodafone that according to my credit report, has been in default since May 2012. I have always disputed this debt, as although I did have the contract, I am disputing the bill that relates to the debt and in turn caused my account to be closed.
I had made contact in writing in the months following this, only to dispute the bill and as advised by CAB at the time, to request certain details about the calls that I'm supposed to have made.
Each time Vodafone failed to provide the information, and instead just basically told me the debt was mine and I was required to pay. Due to personal circumstances, I wasn't in the right state of mind to carry on fighting and left it at that, the only exception being when they passed it onto a debt recovery agency. I informed the DRA over the phone that it was in dispute and Vodafone were breaking the law by passing it on at such time. The lady I spoke to agreed and said she would pass it back to Vodafone and I heard nothing more from them.

I have now been considering whether to get back in touch with them to get it sorted, but having found out about Statute Barred, I'm reluctant to do so with it being about 18 months from all defaults dropping off from my account.

My question is simply, would the letters I wrote to dispute the bill and the debt be classed as acknowledgement of the debt or would they be irrelevant in the case.

Many Thanks

fatbelly

golden88 wrote: »

Hi

I have had a debt with Vodafone that according to my credit report, has been in default since May 2012. I have always disputed this debt, as although I did have the contract, I am disputing the bill that relates to the debt and in turn caused my account to be closed.
I had made contact in writing in the months following this, only to dispute the bill and as advised by CAB at the time, to request certain details about the calls that I'm supposed to have made.
Each time Vodafone failed to provide the information, and instead just basically told me the debt was mine and I was required to pay. Due to personal circumstances, I wasn't in the right state of mind to carry on fighting and left it at that, the only exception being when they passed it onto a debt recovery agency. I informed the DRA over the phone that it was in dispute and Vodafone were breaking the law by passing it on at such time. The lady I spoke to agreed and said she would pass it back to Vodafone and I heard nothing more from them.

I have now been considering whether to get back in touch with them to get it sorted, but having found out about Statute Barred, I'm reluctant to do so with it being about 18 months from all defaults dropping off from my account.

My question is simply, would the letters I wrote to dispute the bill and the debt be classed as acknowledgement of the debt or would they be irrelevant in the case.

Many Thanks

You are correct that an acknowledgement has to be in writing (or by payment). Emails count as writing.

However, written communications saying 'this isn't my debt' or 'I don't owe this' do not constitute acknowledgement. Other phrases may do. The devil is in the detail.

In your case, no-one is pursuing you and you should leave it alone.