Statute barred debts and the Limitation Acts

fatbelly · 23 May 2014 at 2:00PM

dragonfist123 wrote: »

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?

Yes, fell for that one myself at the tail end of last year. Google was picking up the old version - and I think still is. The new one is here.

http://www.justice.gov.uk/downloads/forms/hmcts-fees/ex160aeng.pdf

The blurb should set out evidence for remission2 if you do not get a prescribed benefit for remission 1.

Self employment: You must give the court or tribunal:
•Your most recent tax return (Self Assessment); and
•Your most recent HMRC Self Assessment Tax Calculation; or
•Other proof of current income.

dragonfist123 · 23 May 2014 at 2:10PM

Thanks Fatbelly,
So as i get working tax credit i should tick the universal credit box?...seems stupid as Universal credit has not been turned out anywhere yet as far as i know...

fatbelly · 23 May 2014 at 2:11PM

Reddevil555 wrote: »

Hello, just been reading through this thread and just wanted some advise before I make my next move...

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

Based on your dates, you would have breached your t&cs on the loans in Nov 2008, and the credit card Dec 2008.

Current accounts are different and depend on when the overdraft was 'called in' which may have been July 2009. Just because you stopped paying money into it does not constitute a 'cause of action'.

fatbelly · 23 May 2014 at 2:14PM

dragonfist123 wrote: »

Thanks Fatbelly,
So as i get working tax credit i should tick the universal credit box?...seems stupid as Universal credit has not been turned out anywhere yet as far as i know...

No if you cannot tick any of theboxes in Section 5 (remission 1) you go on to section 6 (remission 2)

Sorry guys - got to go now. Catch you later.

dragonfist123 · 23 May 2014 at 3:15PM

So where do i declare the working tax credit i get ? on the other benefits column or not at all?:doh:

Johnny_Lee · 29 May 2014 at 7:31PM

I've just received a county court claim form regarding a debt from 2008. I'm not sure of the exact date the debt was last acknowledged, but it must be very close to becoming statute barred (if it hasn't already). Is there any way of finding out more details from them without acknowledging the debt?

Would it be just as easy to reply by disputing the whole claim and just stating that it's statute barred to see what they come up with?

It would be annoying of them to get a CCJ just as it's about to pass into SB territory.

fatbelly · 29 May 2014 at 8:54PM

Johnny_Lee wrote: »

Would it be just as easy to reply by disputing the whole claim and just stating that it's statute barred to see what they come up with?

I think that's the way forward. There should be a hearing at which they would have to evidence their position. It is possible that they are aware of the dates and at the end of the day you my get a ccj.

Confuseduser_2 · 1 June 2014 at 9:07PM

Hi, hoping someone can offer some advice on a possible problem i may have coming

My birth father passed away in 2007, the police found my details as his only kin,and so i arranged funerals etc, he had no money, just lived in a caravan on a site, the land owner wanted the site cleared so gave me a cheque to let him clear the pitch and re-let.

Have heard nothing since, until recently when the land owner forwarded a letter to me

It is a letter from a credit agency regarding some debt my father appeared to have when he died, it says they will be passing it on to a collection agency now

I am wondering what to do, as the letter does not have my name or address, so assuming they do not know who i am, is the debt now statute barred? Or could they say they have been trying to find him for several years?? I guess the new residents on site have just binned any mail they may have had over the years

Any advice welcomed

Thank you

thewhiteavenger · 2 June 2014 at 5:53AM

Confuseduser wrote: »

Or could they say they have been trying to find him for several years?? I guess the new residents on site have just binned any mail they may have had over the years

Any advice welcomed

Thank you

It doesn't matter what 'they say'. It's statute barred. Also, they would be trying to sue the executor of a nil estate.

Stuffed either way.

Your choices are to engage with them. One letter might do it but might not, depending on how much they want to harass you.

Or just ignore. They don't know you or your address and are unlikely to ever find this out, or to do anything other than issue standard letters to the deceased at his old address.

It might be best if the land owner just returns them marked 'deceased' unless that runs the risk of you losing correspondence that you would want/need. Unlikely after all this time.

Confuseduser_2 · 2 June 2014 at 8:02AM

Thanks for that, i wont be contacting them unless they contact me then. Will see if i get anything else forwarded from the site owner and post back if i do

Thank you again

Statute barred debts and the Limitation Acts

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