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No you are not liable
If it was an overpayment made by mistake then they had 6 years from the date of overpayment to recover it under the Limitation Act 1980
As it has been 7 years the debt is now statue barred and there is no liability
Can I clarify anything for you about this today please?
It went to court in 2013, however they tried to contact me at an address I lived at 7 years ago. The first I knew about this was a balif notice at my correct address. I have now applied to set aside judgement and the hearing is tomorrow. They have written to me today asking for an adjournment essentially because they are not prepared. I do not want it adjourned simply resolved.
Your defence is you are simply not liable and they are out of time to chase payment.
Over 6 years it is statue barred.
I would refuse an adjournment
So go tomorrow and tell the Judge its statue barred
The Northampton court upheld their claim December 2013, I think the issue is terminology, they are claiming overpayment as opposed to debt?
Ok - even so its 6 years under the Limitation Act.
It would have been Judgment in default so no hearing
Therefore you should say to the Judge tomorrow its time barred
Can they push through the adjournment if I object to it?
A Judge will want it to go ahead
But dont forget tomorrow isn't a trial just whether Judgment should be set aside
Can I clarify anything else?
I asked a local solicitor for help, he basically said I didn't need his help in this matter, my concerned is I am not a solicitor I'm a buyer so quite used to 'negotiating', I am concerned about elements of law which I should be citing.
As I said its the Limitation Act 1980
is this actually a debt in my parents name as it was paid into their joint account, if so the debt should come out of my mums estate?
Yes an overpament is a debt
I forgot, the payments (£200 ish) were made in the May of 2007 through to 2009, this is within the 6 year limitation
Yes it would be.
But in any event they could only claim from the estate of any deceased person
They can't claim anything off you personally.
do you know why they would chase me for the debt citing me as a representative of my fathers estate?
If you didn't know of it then you can not be personally liable.
Is there any statute I can use as reference to that point?
You are not personally liable.
This is because you are responsible for the estate.
Being named as representative wont mean you are necessarily personally liable, but you are responsible for the affairs of the deceased
If they did not lodge a claim - well thats not your fault.
If the £800 was never distributed they can't magic the cash
Can I clarify anything for you about this?
Apologies, I am confused now. They paid the money into a joint account after my father had passed away, I do not know what the policy was for as they will/have not furbished me with a copy despite 4 requests. Mum passed away in December 2014, not sure how they would have laid claim to any of mums estate as it was me not her they were chasing?
Yes but you are not liable for the money
You can't be, you never had it
In any event any liability would only be for any sums received within the last 6 years, nothing more
Ok, guess I will find out tomorrow. Thanks you
Yes good luck
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