I know that a debt cannot be chased if it is older than 6 years, but what if it is a claimed overpayment of benefits which is now 9 years old? I have always denied this debt. I have had 2 debt collectors chasing me but as soon as I tell them it is over 6 years old they drop it. Now I have been made redundant and am signing on they say they are stopping Money off me to recover this 9 year old debt, Which I will fight of course.
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Ethel Fri 10/10/08 09:31
It may be statute barred in the courts but the debt doesn't go away - you still owe it and it can still be recovered.
leighb Fri 10/10/08 13:05
Question Author
Tetjam, I do not owe the money, Are you always this ignorant ??????
Goofy Fri 10/10/08 13:07
Good luck!
R1Geezer Fri 10/10/08 14:56
There is no time limit for debt, it is a common myth. They think you owe, you need to demonstrate it if you don't. negotiation is the way forward.
bednobs Fri 10/10/08 15:01
They can still chase you, and as you can see they are, as you still owe the money. The six year thing is (i think) that if there has been no aknowledgement of the debt for a clear period of 6 years, it cannot be chased through the courts. They can however still chase you with debt collectors.
kempie Fri 10/10/08 15:02
Not all debts become statute barred after 6 years. This is a limitation applied to unsecured debt in England, Wales and NI.
For example, there is no legal time limit for Income Tax and VAT debts to be chased. You can always be pursued for debts owing to HM Revenue and Customs (although they may tend to stick to the six year limit).
Likewise, the Department of Work & Pensions (DWP) can chase debts after 6 years without going to court. They usually reclaim the overpayments by deducting them from current benefits.
voltr4m4x Fri 10/10/08 16:32
If the Plaintiff has or is taking steps to recover the debt within the period of six years the debt remains outstanding and is recoverable from the debtor. The Plaintiff need only prove that a registered letter, or recorded delivery letter, claiming the outstanding debt, was sent to the debtor's last known place of abode within the period so specified (ie 6 years). In this event the debt is not statute barred.
Katoninelive Fri 10/10/08 16:41
Someone i know has just had a letter this week from the DWP saying he still owes an overpayment of benefits from 29YEARS AGO!
sara3 Fri 10/10/08 16:44
I don't think DWP benefit records exist for such an old period, unless it was calculated all those years ago...
Ethel Fri 10/10/08 17:52
If you are adamant you don't owe this money and were never overpaid you need to be proactive and see a solicitor to get this stopped.
leighb Fri 10/10/08 20:23
Question Author
Thanks Ethel and every one, I will see a solicitor.
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