Statute barred debts

oscar52

I know this appears regularly, but I have a question (on behalf of a neighbour)

I know debts become statute barred after six years, but say you recieved a letter demanding payment and went ahead, could this payment then be reclaimed (was only within the last couple of weeks)

AGB863

oscar52 wrote: »

I know this appears regularly, but I have a question (on behalf of a neighbour)

I know debts become statute barred after six years, but say you recieved a letter demanding payment and went ahead, could this payment then be reclaimed (was only within the last couple of weeks)

Elaborate?

If a payment is made or acknowledge the debt being yours (Up to the 6 years), the clock is reset to day one and the statute rule will not apply. Don't know what happens after the 6 years has passed if you make a payment.

oscar52

Ok, its a council debt.

Person was moving house and the debt suddnely was found (from very early 2000) they were told unless it was paid, they couldnt move (to another council property) so paid up. Now the council probably well knew that the debt was statute barred and tried to pull a fast one. However, even though the debt was paid (and I assume this would still count as acknowledgement even with no proof) can it be claimed back by my neighbour given the debt was unenforceable.

Hermione54

Now the council probably well knew that the debt was statute barred and tried to pull a fast one.

If your neighbour is trying to get out of paying the debt, who's been pulling a fast one?
Of course your neighbour won't be able to claim it back, not legally, (since they have implied by their actions that they admit the debt) and certainly not morally!

oscar52

Maybe people should read posts before replying.

I do believe I have stated there was no proof of the debt. I have also said that debts are statute barred after six years (and this is Government legislation).

Answer me this Hermione.

If bank/credit card/council etc came to you and said "we have found that you may owe us money from 7 years ago. However we are unable to force you to pay as this debt is statute barred."

Would you then turn round and say "Dont worry, I'll pay anyway, even if you have no proof"

BAILIFFCHASER

If he has paid it then personally i would forget it as it would involve too much in chasing it . How much was involved ?

CLAPTON

there appears to be two issues and their consequences

a. was the debt really owed

b. was it statute barred

taking it reverse order

it was statute barred but once paid its been acknowledged and there's no going back now.

then was it actually owed?
several ways of pursuing this
i. contact you council and ask for statement of the account for the relevant period
ii. contact your local councillor and ask him/her to do this for you
iii. sue in the small claims court.

tomterm8

What council was it? Many councils actually have a policy AGAINST claiming rent arrears that are too old, in which case you could complain to your local councilor that their policies were breached.

oscar52

Cheers baliff and clapton

Bailiff - amount was just under £200 - but i suppose it depends on what you call alot of money to see if its worthwhile (person doesnt work so costs would be limited.)


Clapton - I did consider the payment as being admittance, but they were a bit stuck, basically got told to pay or they couldnt move to the other property - rock and hard place comes to mind.

I think they are going to contact the council to contest it

BAILIFFCHASER

oscar52 wrote: »

Cheers baliff and clapton

Bailiff - amount was just under £200 - but i suppose it depends on what you call alot of money to see if its worthwhile (person doesnt work so costs would be limited.)


Clapton - I did consider the payment as being admittance, but they were a bit stuck, basically got told to pay or they couldnt move to the other property - rock and hard place comes to mind.

I think they are going to contact the council to contest it

Your best bet would be write to the council 2-3 three times over the next 6 weeks and see if you recieve a reply. in your last letter put the council on 7 days notice that you will issue a small claim if they dont reply or cough. Then issue a small claim. pm me or update this thread and i will give you the wording. this would be the quickest way of doing it.

BritainAgainstDebt

I know this is an old thread but just to offer some clarification.......

If you pay a debt after the six years is up, it does not re start the limitations but you cannot get the money back. The Limitation Act 1980 does not wipe a debt out, it merely prevents it from being enforced via the courts.

The Debt Collection Guidelines issued by the OFT take this one step further by saying it is unfair to try to collect a debt that is unenforceable through court.

Neither of these stop collection through other means, i.e. if you have a benefit overpayment debt that is over 6 years old and you are in receipt of an eligible benefit, you could end up having it deducted from your benefits.

HTH (and makes sense)