Advantis

Xb183

Update -
Received a letter back today from Advantis 
Here is a copy of there reply 


Any advise please 

ManyWays

My suggestion is the same as before, talk to National Debtline about whether this debt may be statute-barred. https://nationaldebtline.org/

This is an unusual sort of debt and you need clear answers from an expert. 

sourcrates

It is my understanding that Legal Aid debts are not subject to the limitation act because its money owed to the Crown, therefore it is excluded from section 5, of the limitation act.

Section 37 (2) states:

37Application to the Crown and the Duke of Cornwall.

(1) Except as otherwise expressly provided in this Act, and without prejudice to section 39, this Act shall apply to proceedings by or against the Crown in like manner as it applies to proceedings between subjects.

(2) Notwithstanding subsection (1) above, this Act shall not apply to—

(a) any proceedings by the Crown for the recovery of any tax or duty or interest on any tax or duty.

I would say Legal Aid would be a "duty" to the crown, and therefore not covered by the limitation act, but still feel free to obtain your own legal advice on this.

Xb183

One thing I know for certain they have not made contact with him , he was at another address for 3 months only in 2017 and any letters that would have come to our house would have been forwarded to him..he has not changed his mobile phone number either in all of those years...

sourcrates

He could complain that 10 years is an inexcusably long period of time to recover this debt.

I doubt that will get him anywhere though.

ManyWays

sourcrates said:

It is my understanding that Legal Aid debts are not subject to the limitation act because its money owed to the Crown, therefore it is excluded from section 5, of the limitation act.

Section 37 (2) states:

37Application to the Crown and the Duke of Cornwall.

(1) Except as otherwise expressly provided in this Act, and without prejudice to section 39, this Act shall apply to proceedings by or against the Crown in like manner as it applies to proceedings between subjects.

(2) Notwithstanding subsection (1) above, this Act shall not apply to—

(a) any proceedings by the Crown for the recovery of any tax or duty or interest on any tax or duty.

I would say Legal Aid would be a "duty" to the crown, and therefore not covered by the limitation act, but still feel free to obtain your own legal advice on this.

Is that what duty means there? "Tax or duty" is a normal phrase to cover taxes and import duties. If everything owed to the crown was exempt from the limitations then that Legislation would not say the Act applies to the Crown apart from the exemptions in (2). But I am not a solicitor which is why I think taking expert advice on this matter is a good idea. 

Xb183

Is there any type of letter I can forward to this advantis after there reply till he's sorted out expert advise ? He's trying at the moment but it's weeks for appointments down our way 

ManyWays

he's sorted out expert advise ? He's trying at the moment but it's weeks for appointments down our way 
National Debtline are telephone advice, https://nationaldebtline.org/

Xb183

Ah sorry I didn't know it was telephone advise, many thanks again .