statute barred debt? *** Debt wrote off ***

[Xdieseldogx]

Hi i was hoping someone could answer the following question.

 

In 2005 a local council paid a deposit and rent upfront for me for a private flat,

left there as was not in a good place mentally,

to be honest i forgot all about it as i was getting my life back on track.

 

Until today when a letter came asking me to pay the amount back

its not a small amount and i couldnt afford it.

is this debt statue barred?

 

I know the 6 year ruling

 

ive had no contact in 7 years im guessing they found me now because im paying council tax etc.

 

What i dont know is if the council are exempt from statue barred debts.

 

Any help would be appreciated.

[citizenB]

There have been a lot of Council debts that appear to being called in despite them being over 6 years old. I suspect that this might be one that whilst they might not be able to take you to court to obtain payment - they might be able to deduct it from any future benefits such as state pension etc.

 

I will however, flag for site team to see if I am wrong .

[Xdieseldogx]

Not due state pension for over 25 years!! I dont claim any benefits now. Ok thankyou.

[BRIGADIER2JCS]

If this was made a loan from the 'housing benefits' monies I don't think it can be SB

[Xdieseldogx]

No it wasnt it was homefinder scheme.

[BRIGADIER2JCS]

No it wasnt it was homefinder scheme.

Have any idea on the terms of these advances?

 

I'll see if I can fine anything.

[Xdieseldogx]

I honestly cant remember they say in letter i would request the return of xxx in deposit and advanced rent as agreed in the homefinders scheme that was signed by all parties.

[BRIGADIER2JCS]

There are loads of council sites on this scheme just had a look, but NONE mention repayment of the 1st months rent, the deposit is a certificate of indemnity basically so no cash involved it appears from these sites.

 

I think I would write back and request a copy of the agreement, without acknowledging any liability for the debt.

[Xdieseldogx]

I dont understand about certificate of imdemnity? I didnt recieve no money all went straight to landlord.

Ok will write letter tonight. What am i looking for if they send the agreement back?

[Xdieseldogx]

Also sorry is there a standard letter in libary i can use?

[BRIGADIER2JCS]

I dont understand about certificate of imdemnity? I didnt recieve no money all went straight to landlord.

Ok will write letter tonight. What am i looking for if they send the agreement back?

 

It appears that 'deposit' is notional in some of these schemes, the landlord does not actually receive money from the council.

[Xdieseldogx]

Oh i see. Ok i will write letter and report back when i get a response if thats ok?

Is there a standard letter?

Thanks again

[BRIGADIER2JCS]

Address to the person/organisation that has written to you.

 

Date: Deposit/Rent Advance

 

Ref: If there is one.

 

Sir /Madam,

 

I have received your letter dated xx.xx.xxxx, asking me to repay a sum of £xxx.xx in regard to this scheme.

 

At present I am unable to admit any liability for any allegedly outstanding monies, as I do not have an agreement and cannot establish if I have any liability.

 

I am aware of the Limitations Act 1980 and believe this alleged debt may now be statute barred.

 

I would appreciate receiving a copy of any agreement complete with all the relevant terms and conditions, and a breakdown of the amount claimed.

 

Get free proof of posting from the post office.

[Xdieseldogx]

Thankyou brig

[citizenB]

Here you go

 

Why do they not go after the private landlord hes had the money not the poster.

 

 

"The Department of Work & Pensions (DWP) has 6 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 6 years old as they don’t need to go to court to do this. This applies to overpayments of benefits such as income support, job seekers allowance, pension credit, housing benefit, council tax benefit and paying back social fund loans. "

 

 

http://www.dwp.gov.uk/docs/op-guide-amd2.pdf

[Xdieseldogx]

Hi just recieved another letter from them totally ignoring my letter.this letter is now a red reminder asking for payment within 14 days or they will be obliged to refer the matter for recovery action.

 

Any thoughts on what i can do next?

Many thanks

[Xdieseldogx]

Brig should i just resend the letter i sent previously?

[AndyOrch]

What company is chasing this debt Xdiese ?

 

Regards

 

Andy

[Xdieseldogx]

Bath and north east somerset council they paid rent and deposit in advance 8 years ago

[Xdieseldogx]

It was a homefinders scheme. Have not heard nothing in 7 years until a month ago. Sent letter off as above but didnt get response just got next letter from them which is the red reminder

[AndyOrch]

Post #15 above...you are no longer on benefits they cant re claw it and they cant litigate on it either...ignore.

[Xdieseldogx]

Thankyou very much, i have sent them the statue barrred letter again so will ignore from now on

[BRIGADIER2JCS]

My guess is that you are just being ignored by the council.

 

I suggest a copy of the original letter addressed as 'Private & Confidential' and sent to the Councils Chief Executive.

[Xdieseldogx]

Hi just a quick update, after sending off 2nd statuate barred letter i have now recieved another red letter saying 7 days to pay or may take legal action through the courts!

What should i do? Just ignore?

[BRIGADIER2JCS]

These letters come out of different departments and as it's very common for the various departments in the DCAs not to communicate with each other you can ignore or just send a copy of their letter back with Statute Barred written right across it!