Mum sick with worry - please help.

mountainofdebt

I think - and I stress I think - that your mum doesn't have to pay it back now but there is a charge on the house so the money itself doesn't have to be repaid now but will do when the house is sold ....in the meantime interest is still accrued.

Of course the loan (and interest) can be repaid back at any time.

Is your mum sure that this wasn't mentioned at the time as I know it was with my mum in similar circumstances.

euronorris

joess wrote: »

Under the Limitation act of 1980. No one can chase a debt older than 6 years old.

This is what I was thinking, but as it is legal aid, I wonder if different legislation applies? It should be checked.

The LSC website is here: http://www.legalservices.gov.uk/

WestonDave

This might be helpful - http://www.legalservices.gov.uk/docs/cls_main/statutory_charge_apr03.pdf

Rikki

Legal Aid is a way of accessing a legal representation. I had legal aid during the time of my divorce due to a low-income. You sign forms to accept the reduce hourly rate solicitor fees. At the end of a divorce case the monies paid out on your behalf are then turned into a charge against the property and incur interest. This is a standard procedure. You can choose to pay off the legal aid bill from proceeds from any monies secured from the divorce.

fifa123

thanks everybody so far. And thanks for the welcome too
I've just spoken to her and she now she has had time to think about it, she says that she can't remember any conversations or paperwork relating to repayment. Then again it was so long ago. We have been on some other forums and the statement about the house sold, then it gets paid off.................. has been mentioned there, but some of that stuff is from 2007 and those people debts were from around 2001-02, not mention of anything from further back in time.
From what I recall about the letter, it said that interest had been added on at a rate of 8% from since the time she qualified for it, that's why it is now so much money.
TBH I'm more annoyed about how this has just been sprung on her without any sort of warning.
Thats why I'd thought I'd ask here, she didn't want me to tbh, but I thought that any info that she can get would make it a bit easier to understand IYSWIM.

DUTR

gratefulforhelp wrote: »

Steady Freddie, we don't want her paying money she's not liable for.

If this was me, I would see a solicitor with experience of statute barred debts.

You may want to re-post on DFW.

Not ALL debts are statute barred after 6 years, e.g. a mortgage would be 12.

Your Mum would get good advice, free, from national debtline.

Very true, and I agree with seeing a solicitor, however if the monies are due then the 3 siblings could help out, as they may well benefit if they survive the mother

Rikki

fifa123 wrote: »

thanks everybody so far. And thanks for the welcome too
I've just spoken to her and she now she has had time to think about it, she says that she can't remember any conversations or paperwork relating to repayment. Then again it was so long ago. We have been on some other forums and the statement about the house sold, then it gets paid off.................. has been mentioned there, but some of that stuff is from 2007 and those people debts were from around 2001-02, not mention of anything from further back in time.
From what I recall about the letter, it said that interest had been added on at a rate of 8% from since the time she qualified for it, that's why it is now so much money.
TBH I'm more annoyed about how this has just been sprung on her without any sort of warning.
Thats why I'd thought I'd ask here, she didn't want me to tbh, but I thought that any info that she can get would make it a bit easier to understand IYSWIM.

My divorce was in 1997 and this was the case with Legal Aid then.

Mojisola

You need to check that there wasn't an agreement to downsize when you all became adults with the expectation that the debt would start to be repaid.

Rikki

Mojisola wrote: »

You need to check that there wasn't an agreement to downsize when you all became adults with the expectation that the debt would start to be repaid.

This seems likely. It could be when the youngest reaches eighteen. Especially if the family home was awarded to the Mum as the main carer of the children.

dirtysexymonkey

fifa123 wrote: »

thanks everybody so far. And thanks for the welcome too
I've just spoken to her and she now she has had time to think about it, she says that she can't remember any conversations or paperwork relating to repayment. Then again it was so long ago. We have been on some other forums and the statement about the house sold, then it gets paid off.................. has been mentioned there, but some of that stuff is from 2007 and those people debts were from around 2001-02, not mention of anything from further back in time.
From what I recall about the letter, it said that interest had been added on at a rate of 8% from since the time she qualified for it, that's why it is now so much money.
TBH I'm more annoyed about how this has just been sprung on her without any sort of warning.
Thats why I'd thought I'd ask here, she didn't want me to tbh, but I thought that any info that she can get would make it a bit easier to understand IYSWIM.

its not. lets be clear. shes known for a long time so she may have forgotten but she will have been made aware. its in all the legal aid pamphlets and paperwork etc.