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Is this debt statute barred or whatever the term is?

(6 Posts)
QueenOfFeckingEverything Wed 22-Jun-11 14:38:07

In 2002 when I was a bit of a mess [understatement], I briefly had a council flat.

I left after only a couple of months, leaving the keys with a 'friend' to hand in for me. He didn't hand them in and as a result I ran up large rent arrears and then court costs.

In 2005, I contacted the council and asked to be told exactly what I owed and to arrange to pay it off. They told me a figure and a DD was set up which I have paid without fail ever since.

Today, I wondered vaguely if it should be paid off by now, and rang them to check. But they are now saying there is a considerable further debt that I wasn't told about at the time - in the region of £2000 shock for clearing the property as after I'd left the 'friend' allowed it to be used as a dosshouse.

This debt dates back 9 years and I have never ever ben told about it before or asked to repay it. I contacted the council myself to arrange repayments, I asked what I owed, they told me, and I believed they were correct. Seeing as it dates back so far and I have never ben told about it before, is it still legally recoverable?

BooBearBoo Wed 22-Jun-11 14:54:45

No it's not recoverable. The Limitation Act 1980 is what you are thinking of.

Shouldn't you know if you have paid off the original debt rather than "wonder vaguely"?? Sounds as if they are taking advantage of your willingness to hand over your money!!!

AxisofEvil Wed 22-Jun-11 14:56:08

See here
http://www.payplan.com/debt-library/joint-and-several-liability-the-limitation-act-1980.php

BooBearBoo Wed 22-Jun-11 14:58:19

Unless, of course, you have already agreed to pay it (which sounds possible...)

QueenOfFeckingEverything Wed 22-Jun-11 15:43:30

Well, I have mislaid the original paperwork (due to 5 housemoves since I started the repayments) but I knew that at the rate we agreed it would take roughly 6 years to clear - hence why I rang them to check. I had rung about 2 years ago and was told the balance then, and again I reckoned that should have cleared around now. So I phoned to check again today.

I agreed to pay what they said I owed which was under £1000. I would know if it had been over three times that! But they have already started using my DD to cover the other debt - so I have started paying it off without ever being notified (formally or otherwise) of its existence.

QueenOfFeckingEverything Wed 22-Jun-11 16:08:43

Ah phew.

I have just had a call from the manager of the arrears recovery unit who has apologised and said that as the debt is so historic and as they no longer have any evidence (ie photos or paperwork) they are writing it off and will send a letter to that effect. Plus I get last month's DD installment back that went towards it.

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