I have a client who has an over payment of £36,000; I belive that he claimed HB and this was paid to a relative. Last payment was in 1998. Cl is not receiving HB at the moment and debt collectors have contacted him via an old address. Can I argue that this is stature barred as 8 years have now gone by?
It will depend on what recovery action has been taken and when. Most importantly when the last action was taken. My understanding is that it is from then that the amount of time elapsed is measured.
The last action by the council was 1998, cl does not have any paperowk from then but I undertsna it was the usual overpayment requests. Cl then left teh country an dlived in the US for 3 years. Nil action until a debt collectors letter collceting on behalf of the LA.