Statute barred debts and the Limitation Acts

fermi

taffy056 wrote: »

And providing there is no liability order I believe council tax can come statute barred as they can't apply a LO after 6 years.

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

Council Tax

The 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.

Council Tax appears to be ‘due’ when the council sent a demand notice to you which may not be at the same time the Council Tax rate was set. It is important that you check when the demand was sent as this affects when the six year limitation period begins. You can also complain to the Local Government Ombudsman if the demand was not sent out ‘as soon as practicable’ after the rate was set.

sgtbush

limitiations and statute barred are two different things, statute barrings only apply to creditors, the council are not a creditor as such, also there was an ammendment that came into force on 31st jan this year i have heard, but im not to sure about that one, a lot of ammendments went thru on that date - especially on tax issues,

anyways its going off topic to the original post as we dont know if its civil debt or not

iang1878

hi,

equidebt have contacted me this weekend for the first time since 2009 when i sent them a statute barred letter, i havent heard from them since. they are trying to say i made a payment in 2005 and my letter was null and void.
they also said a ccj was filed against me in 2001 for it.
i was only 22 at that time so had no idea what that meant,but i know i have not made any payments on that debt since 2003 hence why i sent the statute barred letter back in 2009.

can someone please advise me on what this ccj means? its not on my credit report.
also if they are saying i paid in 2005 can i not just reissue the letter now?
i know i havent paid them and i know full well there has been no acceptance of owing the debt by myself. why have the decided 3 years later to try and force me to pay again. i'm pretty sure they did this back in 2009 which is why i sent the letter then. i havent moved address since 2005 so they cant claim they couldnt get hold of me.

help please im confused. there is nothing on my credit report anymore btw

fermi

iang1878 wrote: »

hi,

equidebt have contacted me this weekend for the first time since 2009 when i sent them a statute barred letter, i havent heard from them since. they are trying to say i made a payment in 2005 and my letter was null and void.
they also said a ccj was filed against me in 2001 for it.
i was only 22 at that time so had no idea what that meant,but i know i have not made any payments on that debt since 2003 hence why i sent the statute barred letter back in 2009.

can someone please advise me on what this ccj means? its not on my credit report.
also if they are saying i paid in 2005 can i not just reissue the letter now?
i know i havent paid them and i know full well there has been no acceptance of owing the debt by myself. why have the decided 3 years later to try and force me to pay again. i'm pretty sure they did this back in 2009 which is why i sent the letter then. i havent moved address since 2005 so they cant claim they couldnt get hold of me.

help please im confused. there is nothing on my credit report anymore btw

Copied to it's own thread.

https://forums.moneysavingexpert.com/discussion/3847069

fermi

seph wrote: »

I have been searching the web for a while trying to get information but my situation does not seem to match any I can find.

Moved to it's own thread.

Click ---> https://forums.moneysavingexpert.com/discussion/3866651

Grumbleweed

Really interesting thread - would be good as a sticky! Lots of useful things!

Mrs_Ryan

Thank you fermi for your useful info - story of my morning.

9am - letter arrives from a tracing company for me asking me to ring. I rang them as I'm restarting my DMP and so my accounts are all over the place. Allegedly a Halifax Visa card I have no recollection of. Last credit dealing with Halifax early 00's but I had a breakdown in 2003 and have no recollection of finer details of what happened before then. Horrible aggressive woman states that they are still entitled to take it to court and starts demanding why I iddnt pay then to which I got very upset as the breakdown was a result of leaving an abusive relationship. She stated that because I'd admitted to the debt (I hadnt, I disputed it all along as I genuinely had no way of knowing whether it existed or not, I vaguely recall a bank account at some stage but whether it had a credit card attached I wouldnt know) they would attempt to collect.
Was sure this wasnt right and looked this up online - on here as it happened.
9.41 - rang back and spoke to someone a lot nicer and complained I had been pushed into admitting a debt I knew nothing about and even if it did exist it would be statute barred. Also pointed out that I hadnt admitted debt in writing or made payment so statute barring still stood.
9.43 - debt closed - no further contact.

THANK YOU FERMI AND MSE

Bernard_Nurse

Evening all.

Sorry if this has been covered elsewhere.

To cut a long story short, I have two debts with Carphone Warehouse which have been pursued by various debt collectors.

At some point in the last few months my current mobile number has been associated with me and I've started getting calls and texts from various scumbag collectors, including Frederickson who stopped when I answered and told them 'No, I am not Mr X, please do not call me again as I have had plenty of these calls of late', and now I have a bunch called Transcom on my case.

All this attention has led me to check out my credit record on Experian.

Now I know I defaulted on the two accounts at some point in 2006. I did this in response to being mis-sold a contract phone whereby I was told I would continue to get free WAP access as I had done with the PAYG sim I had had up until that point and then getting a first bill for over £90?

I was told there was nothing they could do about the bill or the fact I'd been mis-sold the deal in the first place so I told them to poke get stuffed, stopped using the phone immediately and went back to a PAYG sim.

As I said above, I am sure this happened in mid 2006 given the date it shows on my credit record that the account was opened.

On checking my credit record recently, I can see that it was last updated in 2010, with both accounts listed as defaulting 15 or 16 months after I stopped paying for them.

I cannot check back to see when payments were made as they've helpfully not given any payment history on the account prior to when it was updated in 2010!

The long and short of this is that I have not acknowledged the debt since mid 2006 but a stated default is given of December 2007 meaning if that is correct, I cannot tell them it's SB for another year and a half???

Is there any way I can get them to release the payment history on the dispute accounts without 'acknowledging the debt'?

Thank you in advance for any advice.

taffy056

If you have not acknowledged this debt in writing or paid them, then it will be statute barred in mid 2012 providing there is no judgement on them. As for the defaults they should be from about 6 months from the last payment, if there is a series of 6 markers on the file that is not an accurate reflection of the account, and can be complained about to the CRAs and organisations placing them, or to ICO if no success there. Would suggest waiting until it is statute barred, when was the exact date of last payment?

dancingmeggy

hi sorry this may be in the wrong area but i am newish to posting need help. i have sent the two letters to robinson way stating i didnt acknowledge the account, then a second one once they sent me a letter saying they could not provide me with the original paperwork and today i have received this: with reference to your recent contract, whilst you may be able to demonstrate the account is statute barred this does not mean the debt does not exist or that we are entitled to pursue you. we can accept a reduced settlement of £177.00. we will comply fully with any complaint you make to the regulatory bodies. we have held you account for 14 days to enable you to forward your proposals. help! what do i do now?