Hi guys Hope you can help. A family member has had a council tax bill for a property over 7 years. I understand that as long as a court order has not been obtained it would be statute barred. I am looking for a template letter to send to the council that is to advise that the council tax debt is statute barred but I can only find the unsecured debt statute barred letter. Can anyone let me know what to add to the standard statute barred letter or tell me what to write. Thanks

Hi Guys I have had great advice before on this site when dealing with Capquest and now I am experiencing a similar problem with Wescot. Story is 7-8 years ago I stopted paying my credit commitments and heard nothing for 6-7 years. I had a battle with capquest but other than that the statute barred letter worked for all the other creditors. Recently Wescot has come out of the woodwork, the last debt I had not heard from. The others contacted me year to year and a half ago. I sent the standard statute barred letter with Without Predjudice, Etc Etc. I know I have not paid anything for within the six year period. I received a reply from Wescot ___________________________________________________________ Stating that a payment for £20 was paid on 28/11/2005 and therefore the account does not qualify as being statute barred. The letter then goes on to quote section s29 (5) and (6) Limitation Act 1980 which states that the limitation period can be restarted by an acknowledgement or part payment. The letter then asks me to complete a claim form which was not enclosed within 14 days of receipt or judgement in default may be entered against me. No proof of payment was enclosed or any other further details ________________________________________________________________ I know I have not made this payment, I never even had a bank account at that time and I never received any letters/ calls from them. What should I do?? Have I restarted the clock by sending the statute barred letter? in 4 days it will be the 6 year mark according to them. What should I write back, I know its best not to write anything before 29/11/2011. I don't fancy having a letter battle like I did with Capquest, is there a final letter I can send and then just ignore them unless they are stupid enough to try to go to the courts. Thanks

Hi Peeps I have seen that you have given sound advice on the forum to others and hope you can help me? I am in a battle with Capquest about at statute barred account. The Story is... I have a debt wth A&L 9000-10,000 that has been 6-7 years from deafult and my last payment. Capquest have brought the debt and after adding a good 3000 to 4000 in interest making the total 14500, have decided to start trying to collect it. I got the standard we have brought this debt letter in December which i ignored has it is over 6 years then I got the famous HL legal letter (CapQuest on different letterhead) In mid Jan I sent the standard Statute barred letter (stupid I hand signed it) and received a letter stating that I made a payment in November 2004 so the account is not statute barred but no proof. I wrote to them refering to the account has satute barred (without Prejudice) and asked them to refer to my previous letter and highlighted that proof is required and that it is an offence to ask for payment on an account that has been stated is statute barred. I received a letter stating the account is on hold for 28 days to allow them to obtain proof, I then received another letter 30 days later stating the account was on hold a further 28 days. I then received six weeks later a letter stating they are still trying to resolve my account query and would contact me ASAP. Today I received a letter signed by Mike Daniels (electronically) here goes ___________________________________________________ As you wll be aware your account is being processed for legal action. I am corresponding with you as the Managing Director of the CapQuest group. Your account has been pre-selected for a one time solution to settle your account. This is not a gimmick and nothing sinister, just a project that I am personally promoting to encourage you to clear this debt and save a considerable amount of money doing so. My plan is simple 1 You agree to pay an amount of your choosing by DD or any other payment method you prefer. 2 For each payment that is received in line with the arrangement made, we will credit your account with an amount equal to 30% of your payment. That is to say, you pay £50 and we will credit your account with another £15. If you comply with the arrangement you will save at least £4340.34. To start this project, I am also offering you a delayed first payment. Your first payment will not be required until 31 May 10, all you need to do is contact our customer services line on 0871 527 0327. This number has been specially selected for this project and therefore if you have any query this team will assist you. When contacting this number and you wish to take up this offer please have all the necessary bank documentation to hand so that the team can set up a DD or any other payment plan that is more suitable to you. This offer will remain open to you until 15 April 10 when it will be withdrawn. If at any time you find yourself in difficulty and you will not be able to make the scheduled payment, telephone us and we will re schedule your account without penalty. If however you fail in your commitment without good cause or reason the offer will be withdraw. I hope that you seriously consider this and make the right choice. _______________________________________________________________________________________________ CapQuest have not provided proof requested as per the statute barred letter and I beleive that they have broke the law by asking for payment and I have a right to complain to the OFT. My Questions are 1, Is the statute barred letter classed as acknowledging the debt. 2, Have I got a case to complain to the OFT. 3, What should I write back to CapQuest (I want a letter to force them to give in and write off the debt) 4, What is the address for the OFT and what should I write to them. Please could you help me, this is giving me sleepness nights and worrying when the post is delivered. Many Thanks :confused::confused:

Hi I have nothing in writing just a verbal agreement. I have no idea what they are talking about with this ann Ambrose case. All legal things read says that a baillif is not able to take goods not oweing to the debtor. What they are saying is if you have a baillif call they can take any item no matter who belongs too. I think they are very wrong. Anyone know if they are right or wrong?

Thanks for the advice. Is there a way of doing this without having to get a solicitor to do it. Are they in the wrong and why are they quoting a case of ann ambrose v nottingham city council. I am unsure as I think it should be a open and shut case. The property belongs to me and not my mum and the debt is soley in my mums name. Can you advise please.

Hi I am new to this site and can see you have helped people in the past so fingers crossed you can help. The story is my mum owes money to bristow and sutor for unpaid council tax at a previous property. She came to move in with me in March 2009( a lodger) and I added her to my council tax and a month later she had a visit from a bailiff from bristow and sutor. As the flat is in my name and all the goods tv furniture etc are mine the bailiff was unable to list property. she setted up a payment arrangement and due to me being made redundant defaulted on the arrangement. In December 2009 we had another visit. My mum was out and has she is not good at sorting financial things I let him in and he listed my property. I told him it was my goods as told the bailiff before and he asked me to write to bristow and sutor to prove this. He was very rude and in a way called me a liar and said if your mum keeps up the arrangement then you wont lose your items. He left and left a list of items (settee, 2 arm chairs, tv, tv stand, book case, wardrobes, wall unit, microwave, dvd player)and details of balance oweing, he also added a levy for listing my items. This caused a big family arguement with my dad and mum (who are divorced) on new year and therefore created alot of distress. I wrote to compain to Bristow and sutor. I sent a brakedown of how the items came into my possestion as alot of them was brought given to me by my dad/ friends and when I moved into my previous flat (they aint worth alot) a copy of tennancy agreement showing flat only in my name. I also wrote in the compaint the distressed caused and requested charges removed for listing my items. I also requested compensation for the distressed caused. I had this in reply to my complaint (shortened as this tread is turning into an essay). Thank you for your letter and complaint. We apologise for upset etc etc for distress caused by our visit. "this is part I am not sure about" We must make you aware that the Council Tax Regulations direct us to seize GOOD OF the debtor and not just GOODS OF the debtor. The judge in the case of Ann Ambrose v Nottingham city Council (2004) clearly stated that he considered the phrase was wide enough to include goods which were not owned by the debtor. Therefore, in this case it is irrelevant weather you or your mother own the goods seized. "it then says we have a legal right to brake back in to your property to take goods seized should payment arrangement not met. You have a payment arrangement and should this be met no further visits will be made" I have looked on this site and others and it says that you can not have goods seized if the debt is not yours. Please can you help I have no idea why they have said this and what should I write back do next. Please help me, it is giving me sleepless nights. GAZLEIC999