Help! Is this ‘Statute Barred’??

[Aviacom]

Hi,

I got this through yesterday as I guess that they cannot find my ex partner of many years ago..

What to do about it? Is it Stat Barred??

Who to and what to write about it?

Thanks

[zeke]

I’m going to be the bearer of bad news. Housing benefit overpayments are neither a contractual or statutory debt, therefore it is not statute barred. It is a mistake made by a public authority resulting in an overpayment of a prescribed benefit.

Section 32(1)(c) of the Limitation Act 1980 states that a claimant may bring an action for the action for relief from the consequences of a mistake.

The good news is there is no enforcement power.

You can even dispute the debt with the council as they have the burden of proof.

The letter is not a prescribed form of demand as far as enforcement regulations are concerned. The entity the letter is sent by is simply called “Jacobs”. Public records show it is not a company, merely a trading name of Simon Jacobs, a former bailiff living with his wife Paula at a private address in Merseyside.

As Simon Jacobs is not a solicitor, neither he or his trading name can bring proceedings and apply for an enforcement power against you for the recovery of housing benefit overpayment. Simon does not have locus standi.

You have no contractual obligation to engage with Simon or anyone working for him.

You might want to ask Simon what he means by “commence recovery procedures” in his letter. Without an enforcement power, he does not have a right to commence anything other than knocking the door and ask pretty-please with a cherry on the top.

[Syd Snitkin]

This looks like Jacob's acting as a debt collector rather than a bailiff. If so, then they have no powers at all.

What's the history of this debt?

[Aviacom]

Jacobs have now commenced to filing a County Court Claim for this overpayment and are looking to obtain a CCJ for the alleged debt.

Now what?

[zeke]

What are the claim particulars and what is the name of the claimant?

[ethelnet]

The letter is not a prescribed form of demand as far as enforcement regulations are concerned. The entity the letter is sent by is simply called “Jacobs”. Public records show it is not a company, merely a trading name of Simon Jacobs, a former bailiff living with his wife Paula at a private address in Merseyside.

Paula's his daughter, not his wife (at least I hope she's not)

[zeke]

Paula used to be Paula Sutton. She is now Paula Jacobs. Too much botox to be his daughter.

[ethelnet]

Paula used to be Paula Sutton. She is now Paula Jacobs. Too much botox to be his daughter.

LOL! That was pretty much my thought when I encountered this lot - "No way I am paying for her eyebrows and fake tan".
Sadly I did and I have borne a grudge ever since.

I still think she's his daughter. Perhaps she married and reverted to her maiden name?



Paula Jacobs BA (Hons)
Partner
Paula has worked for the firm since 1988. Paula joined the company to assist her father straight after she had completed her GCSE’s, and she has since successfully completed a degree in Business Studies.

Paula's main responsibilities include Enforcement Agent Performance Management, Training & Development and overseeing our Office Management Team, ensuring that working practices / procedures are constantly moving forward.

Paula holds monthly debriefs with all of our managers in order to ensure the business is functioning as it should be in order to service our clients effectively.

In her spare time Paula likes skiing, keeping fit and she also enjoys going to see comedians such as Michael McIntyre.

[zeke]

She couldn't have done GCSEs in 1988 unless she is in Scotland.

They were introduced in the Education Reform Act 1988 and tuition is two years which means the first GCSE exams and certificates are 1990.

In my day it was called O'Level, abolished and transitioned to GCSE.

[ethelnet]

She couldn't have done GCSEs in 1988 unless she is in Scotland.

They were introduced in the Education Reform Act 1988 and tuition is two years which means the first GCSE exams and certificates are 1990.

In my day it was called O'Level, abolished and transitioned to GCSE.

I would believe you over Paula Jacobs any day, friend.

[ethelnet]

Paula used to be Paula Sutton. She is now Paula Jacobs. Too much botox to be his daughter.

You're right and I seem to be wrong. Years ago, I read Paula's bio but failed to properly read Simon's bio on the same page.

Paula started with the 'firm' a year after Simon so Simon is very unlikely to be the 'father' mentioned in Paula's bio.

If her old man was a bailiff she will have grown up on threats and won't scare easily. I'm very minded to deliberately get a parking ticket just to draw myself into confrontation with this pair.

[ethelnet]

A year before Simon - he started in 1989 and she in 1988. There's something very odd about this firm.

[zeke]

There is no "firm".

Simon never formed a company so Jacob's is a sole trader.

It is allowed under the regulations, but if he lands a claim then he is personally liable.

Everything he owns is at risk.

There is no Ltd liability protection.

[ethelnet]

There is no "firm".

Simon never formed a company so Jacob's is a sole trader.

It is allowed under the regulations, but if he lands a claim then he is personally liable.

Everything he owns is at risk.

There is no Ltd liability protection.

Fascinating stuff.

Home address of the proprietors:
Brean Down
Thorsway
Caldy
Wirral
CH48 2JJ

I can't find a birth record for a Paula Sutton any time in April 1971 - more digging needed.

[ethelnet]

They picked up that gaff for a cool £1.75m..

They have a limited company called Jacobs Technology Limited formed this year. Paula sloppily left the home address on the article of incorporation - it was swiftly changed to Europa Boulevard but home address confirmed by recent planning application.

[zeke]

Simon Jacobs should have put his bailiff interests into a company.

He has left himself a sitting duck. If a bailiff case goes awry and lands a big bill, the claimant will put a restriction on his house.

It's only a £20 fee with HM Land Registry to enter a restriction by completing a form RX1. HM Land Registry will send him and his other lenders a notice.

Simon can file an objection with HM Land Registry, but it will stand pending until disposed of.

[Syd Snitkin]

The first GCSEs in England were sat in 1988. 100%