Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I was overpaid nearly £500 in Housing Benefit for a tennant in a property of mine, so the council say! This happened 12 years ago, the council are now asking for this to be repaid. They say the last reminder they sent me was in March 1997, the property was sold 8 years ago and I no longer have any accounts regarding the property. As by law I only need to keep accounts for 6 years, I can't be sure whether I owe this money or not. My question is as there was no correspondence from the council since 1997 is the debt now nil and void? thanks for any advice
council cannot do anything. When it goes to court tell the that you are not liable for it. As the magistrates(if magistrates) will throw this out. If you goto the small claims court then again it thrown out due to no fault of your own.
The statute of limitations applies to public authorities as well as banks etc.
But while the debt cannot be pursued in Court, should there be an occasion
in the future when you ar due to be paid any housing benefit, they will
retain £500 of it.
If you are still in the same business, perhaps you should write and ask for proof that they are correct. Pointing out that as far as you [and your
accountant] are aware, you have no outstanding debts with them as any
money owed to the Council at that time was paid long ago.