how long after the event can someone call for a debt???

[my2cherubs]

I received a letter the other day stating I was paid an overpayment of housing benefit when i vacated my council property in 1997. this is when the overpayment took place...apparantly. I have never received any correspondence or anything regarding this and moved from the area in 1999. This was obviously a shock. they are asking for £288 to be paid within 7 days. I don't claim any kind of benefit now. I did a search on the internet which said the debt is statute barred if you haven't heard anything for over 6 years so I sent them a letter stating this but they've written back saying they sent me an invoice in sept 1998 and a reminder in december 1998 so i still have to pay!!! Like I said I don't remeber owing any money and have heard nothing since. can they really pursue this?? please help as I really can't afford to pay this.

Limitations act of 1980 applies I think
so it's too late I think
although no idea if it applies to govt but no idea why it wouldn't

Write back asking whether the limitations act applies, see what they say. Make sure you say this is the first you've heard of it. Are you sure it's legit? Sounds like a scam if it's within 7 days. Who's it from?

And if inv dated Sept 98 then it;s STILL over 7 yrs

It's from croydon council and the letters definately look legit. From everything I've read it states it's too late. I mean, I don't even remember owing it, I could have paid it but obviously wouldn't have a receipt from ten years ago!! Also any housing benefit went straight to the council as it was a council property so I really don't get it.

I'm trying to get to the CAB but haven't been able to get hold of them so wondered if anyone knew for sure. It's really bugging me

Yes, statute of limitations is 6 years normally from the date of the last correspondence. Think it is longer (12 years) if fraud involved.

Personally I would write back and say you do not owe any money, and even if you did, it is statute barred as there has been no corrsespondence for over 6 years.

For £288 it is unlikley they will go to court and even if they do you have the staute barred defence.

The other thing you could do is ask them for full details of how the debt was incurred - they will need this if they ever got to Court. I would be very surprused if they still had all the paperwork after all this time!!

be careful because writing to them can restart the clock, i think.

Ok, really simply:

1. Them writing to you is not restarting the clock, you 'acknowledging' the debt by writing back is restarting the clock so if you didn't write back within the timeframe then the 6 year rule applies

2. They can still pursue you for the debt forever - so they can still always write you threatening letters but what they can't do is pursue you legally for the debt ie: get a ccj after six years of no two-way contact

3. Lists of debts are sold to debt collectors and they chance their arm pursuing it to try to scare some people to pay

You can get real advice and clarifications from www.debtquestions.co.uk

So they can't MAKE you pay anymore but you can still find out how they've arrived at the figure and you can choose to pay if you find you do owe the money and the hassle gets too much.

I would ignore the letter myself as you are not obliged to pay - but then I have a pretty thick skin and wouldn't care about them hassling me

You need to put on your letter:

I DO NOT ACKNOWLEDGE ANY DEBT & THIS LETTER IN NO WAY CONSTITUTES SUCH ACKNOWLEDGMENT

or similar, so they can't re-start the clock.

Then ask for a full statement of your business with them, as you have no record of any such debt, & believe any alleged debt is in any case statute barred (over 6 years old).

Then wot Lauriefairycake said - unless they can prove the debt is genuinely yours, is unpaid, & is not statute barred, you can almost cetainly tell them where to stick their letter.