Statute barred

GeorgeUK

Sorry Northernlas, missed your post.
Yes, i meant that letter from the NDL website.

If the debt was not yours and it was SB, then i would inform them that the debt was not yours and even if it was, the debt would be statute barred - then put in the rest of the SB letter so that they could not chase you again. If it got sold on, i would point out to the next DCA that they have been sold incorrect data and should look for a refund.

poollie, if this debt is more than 6 years old, i would just use the statute barred letter from the nationaldebtline website. If they did try to take it to court, then you would use this as your defense.

skiversinc

I have recieved a letter from Bryan Carter Solicitors, and previously from Fredrickson International about a so called 'loan' I recieved (allegedly) from DWP - Department for Work & Pensions. The last time I was unemployed and claiming benefits was back in about 1989 / 90. They say I owe £50.54 but if it is not paid within 14 days, the sum will increase to £115.54 before litigation.
It is that long ago that I cannot even remember the 'loan', never mind if I paid it or not!
As the client for Bryan Carter / Fredrickson International is iQor on behalf of Department for Work & Pensions, is this 'debt' still covered as a statute barred debt or is this one of those government loopholes that means I have to pay it or else?
Any assistance with this would be gratefully recieved.

fermi

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

The Department for Work and Pensions (DWP) has six years to take action through the courts to recover benefit overpayments and social fund loans. This time starts running from the date of the final decision made on the overpayment and from when the social fund loan was due to be paid. But the DWP are still allowed to make deductions from your benefit for a debt over six years old as they don't need to go to court to do this. This applies to overpayments of benefit such as Income Support, Jobseeker's Allowance, Employment and Support Allowance, Pension Credit, Housing Benefit, Council Tax Benefit and paying back social fund loans.

skiversinc

Well, I sent a letter to The solicitors explaining that the debt was over 6 years old & that I disputed that I still owed the sum of £50.54.
Then, on monday, I recieved a letter from....... Fredrickson Intl to say
"We thank you for your communication regarding this account.
We have referred the matter to our client & will revert to you as soon as we are in reciept of instructions.
In the meantime, we confirm we have placed the account on hold."

I shall wait & see.....

Snowgoose

Another similar problem:

I received an invoice for alleged overpayment of housing benefit by the City Council from over 6 years ago. I took this invoice to the Citizen's Advice Bureau and was told that as the invoice was over 6 years old it was Statute barred. I rang the council on the phone number supplied and, as I work for that council, I was told that although they were not going to pursue me via the courts they would pursue me through work as I was breaching the council's values and could be disciplined for gross misconduct. Can I be harrassed like this through work? I have sent the Statute barred standard letter but they say they are going to chase me for this alleged debt through my workplace.

jhicky1

i had a dependents grant back in 2003 when i was at uni i was overpaid and the student loans company who give out the grant demanded it back even though they sent me letters saying it was there fault. i disputed the amount owing and got cab help. i was then sent letter from debt collection agency but they handed it back to student loans as the case was in dispute. since 2003 i have not contacted them by post or mail and neither had they contacted me until last week when started to get calls. is this statute barred as they never took me to court and it has been over 6 years.

GeorgeUK

I think this would be statute barred, but might be best phoning nationaldebtline to double check. Student loans changed a while back, but not sure if overpayments are dealt with in the same way.

fermi

katie0207 wrote: »

Hello,

I know i should start a new thread but i just can't see where to do this...

I'll move your post into a new thread.

Click ---> https://forums.moneysavingexpert.com/discussion/3154696

katie0207

Thanks Fermi - although no one seems to know the answer where you have re-posted.

Are you able to give me any advice?

Thanks

jackanakanory

I recently sent statute barred letters to BCW and Scotcall. I know they were received cos they were sent recorded.
I had a letter back from BCW saying the account was closed then the next day a letter trying to claim the money again.
Scotcall have ignored the letter and now sen me a doorstep collection letter.
Both companies are chasing the same debt from Aktiv Kapital that was from 1996!!!
Is there a letter after statute barred or for doorstop collections?
Appreciate any help