Statute barred debts and the Limitation Acts

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  • Sassenach
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    Without going into details: I have an (alleged) debt with DWP.
    It became statute barred by the 6 year rule.
    After this (5 years after it became statute barred in England) I moved to Scotland. Does this have the effect of "unbarring" the (alleged) debt as I understand Scotland is governed by a 20 year limitation rule for benefit overpayments?

    I would appreciate an early reply as I need to contact the DWP by 14/5/14
  • mjm3346
    mjm3346 Posts: 46,897 Forumite
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    edited 11 May 2014 at 1:28AM
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    Sassenach wrote: »
    Without going into details: I have an (alleged) debt with DWP.
    It became statute barred by the 6 year rule.
    After this (5 years after it became statute barred in England) I moved to Scotland. Does this have the effect of "unbarring" the (alleged) debt as I understand Scotland is governed by a 20 year limitation rule for benefit overpayments?

    I would appreciate an early reply as I need to contact the DWP by 14/5/14


    It would appear statute barred stops it going to court for recovery but does not stop them recovering it using the powers they already have (deducting from benefits/possibly from pay)

    http://forums.moneysavingexpert.com/showthread.php?t=4588991


    http://forums.moneysavingexpert.com/showthread.php?t=4817502
  • Sassenach
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    Thanks mjm3346. However, it doesn't really answer my question. By the time I left England my (alleged) debt would have been Statute Barred. But...now I am resident in Scotland can the DWP take any action through the courts, under Scottish law, to recover it?
  • mjm3346
    mjm3346 Posts: 46,897 Forumite
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    They can deduct from benefits and attach earnings without needing to go to court, if you have neither then I am not sure being able to take you to court or not makes much difference?
  • Sassenach
    Sassenach Posts: 3 Newbie
    edited 12 May 2014 at 11:38AM
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    I have neither earnings or benefits - My partner works, I stay at home, and drive her to her far flung places of work . I'm worried about them passing the debt on to a DCA and them getting bailiffs and so on. This is my (alleged) debt - I don't really want my partner to get worried about it. I particularly don't want my kids subject to calls at the door and all that!
  • dragonfist123
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    Hi,
    To cut a long story short, i had a number of debts in the early 2000's and was using CCCS to pay them off, a small amount each month as income was very low.
    Got a letter from the court last friday saying that a judgment for claimant has been awarded against me for one of the debts to Nationwide (passed on to Lowells many moons ago).
    I never received the court form, if i had i would have replied and stated a defence. Plus i think the debt is statute barred because the last payment CCCS made to Lowells was in April 2007 (according to my bank records).
    I sent off 2 days ago on the advice of debt line an N244 form asking for it to be set aside, stating i did not receive the form and i think it is statute barred.
    My question is how long before i have to wait before i hear anything?
    I got a letter today from BW Legal stating the CCJ and saying unless i contact them with payment etc they will enforce action.
    Worried about bailiffs etc , any advice greatly received.
  • thewhiteavenger
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    Hi,

    Worried about bailiffs etc , any advice greatly received.



    It would be court bailiffs, but even then such action is unlikely in the short term. The court bailiff would back off if there was a n244 application in, until the result of hat application is known.


    Expect to hear something soon. It sounds like you have a strong case.
  • Reddevil555
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    Hello, just been reading through this thread and just wanted some advise before I make my next move...

    I had some debts with Lloyds (2 loans, 1 CC & a Current Account) which according to my credit file are now settled but are showing as active with L o w e l l s - from the moment I defaulted on these I have never spoken or wrote to Lloyds or the debt collecting agency and any correspondence that is sent through gets returned as not at address.

    I am not proud of the debt I ran up, i was going through a bad time lost my job and was unable to make re-payments.

    The 2 loans last had a payment made in October 2008 but don't show as defaulted until July 2009 and are owned now by Lowells.

    The CC was last paid during November 2008 but doesn't show as default until July 2009 and is again owned now by Lowells.

    The current account shows as default July 2009 (again owned by Lowells) but i am sure at the time this would of been around November/Dec 2008 as they whipped a minimum CC payment from my bank account sending me overdrawn - i quickly opened a new bank account with Abbey so the current account debt could only be made up of unauthorised overdraft charges caused by them taking money from my bank (this is the problem with a CC being from the same company as your bank account!).

    In light of the above, come this October (2014), would i be able to write to them as the debt is over 6 years using the Status barred template letter within this thread?

    When and if they do acknowledge its over 6 years, obviously they would stop chasing me so would that then be the end of the matter or could another debt agency buy the debts and me then have to write to them? - If they acknowledge its over 6 years old, would this then show as settled on my credit file and how long would that take?

    I have avoided all contact with them Lloyds/Lowells since the very last payments were made, i have had umpteen debt agencies chasing over the years but i just return the letters back, i changed my mobile so they couldnt ring and my parents just dont answer the land line to numbers they dont recognise.

    What i dont want is to write a letter and then for it to rear its head again.:mad:
  • dragonfist123
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    Not having much luck...
    Got my forms back today saying the EX160 form i sent was the old one and not valid, so have to fill in the new one. ( it changed in 2013, so be careful which one you download!).
    On the new form it mentions Universal Credit but not Working Tax Credit which i get, so confused over that and as im self employed i am unsure of what earnings evidence i have to send?
  • sourcrates
    sourcrates Posts: 28,878 Ambassador
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    Hello, just been reading through this thread and just wanted some advise before I make my next move...

    I had some debts with Lloyds (2 loans, 1 CC & a Current Account) which according to my credit file are now settled but are showing as active with L o w e l l s - from the moment I defaulted on these I have never spoken or wrote to Lloyds or the debt collecting agency and any correspondence that is sent through gets returned as not at address.

    I am not proud of the debt I ran up, i was going through a bad time lost my job and was unable to make re-payments.

    The 2 loans last had a payment made in October 2008 but don't show as defaulted until July 2009 and are owned now by Lowells.

    The CC was last paid during November 2008 but doesn't show as default until July 2009 and is again owned now by Lowells.

    The current account shows as default July 2009 (again owned by Lowells) but i am sure at the time this would of been around November/Dec 2008 as they whipped a minimum CC payment from my bank account sending me overdrawn - i quickly opened a new bank account with Abbey so the current account debt could only be made up of unauthorised overdraft charges caused by them taking money from my bank (this is the problem with a CC being from the same company as your bank account!).

    In light of the above, come this October (2014), would i be able to write to them as the debt is over 6 years using the Status barred template letter within this thread?

    When and if they do acknowledge its over 6 years, obviously they would stop chasing me so would that then be the end of the matter or could another debt agency buy the debts and me then have to write to them? - If they acknowledge its over 6 years old, would this then show as settled on my credit file and how long would that take?

    I have avoided all contact with them Lloyds/Lowells since the very last payments were made, i have had umpteen debt agencies chasing over the years but i just return the letters back, i changed my mobile so they couldnt ring and my parents just dont answer the land line to numbers they dont recognise.

    What i dont want is to write a letter and then for it to rear its head again.:mad:



    After 6 years with no acknowledgement the debt would be SB, if anyone writes demanding payment after the SB date, you reply with a letter stating its statute barred.
    once SB always SB, that should then be the end of the matter, if any further DCA tries to collect on it you simply remind them of its status.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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