Statute Barred Debts - Making a Will and Dealing With Estate

[Gerry Jemitus]

You are correct, in that being statute barred only means that the creditor cannot issue legal proceedings to recover a debt that has become statute barred. They can still ask for repayment of such a debt, but they are unable to enforce through the courts.

To protect a PR from these claims, a statutory advertisement should be placed in the in The Gazette and also in a newspaper local to the deceased. If the estate includes a property, a notice should also be placed in a newspaper that's local to wherever the property is located.

Placing a 'deceased estates notice' in the Gazette and the local papers ensures that a PR legally has taken sufficient steps to locate creditors before the estate is distributed to beneficiaries. This protects the PR from any liability from unidentified creditors.

[musketeer]

I have often read that a statute barred debt continues to exist, it just can't be enforced.

But recently I heard of Ex Parte Dewdney (1809) which seems to say, at the expiration of six years, if no step to enforce the demand has been taken, and no acknowledgement of the debt made, it shall be considered as extinguished.

Should one ignore such amounts for the purposes of a will?

[musketeer]

I have often read that a statute barred debt continues to exist, it just can't be enforced.

But recently I heard of Ex Parte Dewdney (1809) which seems to say, at the expiration of six years, if no step to enforce the demand has been taken, and no acknowledgement of the debt made, it shall be considered as extinguished.

Should one ignore such amounts for the purposes of a will?

[Roger]

Gerry Jemitus E=musketeer;n1548849]I have often read that a statute barred debt continues to exist, it just can't be enforced.

But recently I heard of Ex Parte Dewdney (1809) which seems to say, at the expiration of six years, if no step to enforce the demand has been taken, and no acknowledgement of the debt made, it shall be considered as extinguished.

Should one ignore such amounts for the purposes of a will?[/QUOTE]

@Musketeer
"..
I have often read that a statute barred debt continues to exist, it just can't be enforced.

But recently I heard of Ex Parte Dewdney (1809) which seems to say, at the expiration of six years, if no step to enforce the demand has been taken, and no acknowledgement of the debt made, it shall be considered as extinguished.

Should one ignore such amounts for the purposes of a will?
.."
If there are doubts I should contact Gerry jemitus

[Still Waving]

I have often read that a statute barred debt continues to exist, it just can't be enforced.

But recently I heard of Ex Parte Dewdney (1809) which seems to say, at the expiration of six years, if no step to enforce the demand has been taken, and no acknowledgement of the debt made, it shall be considered as extinguished.

Should one ignore such amounts for the purposes of a will?

Are you in Scotland? Statute barred debts ARE extinguished in Scottish law (as I understand it), but continue to exist in English law.

[Roger]

Are you in Scotland? Statute barred debts ARE extinguished in Scottish law (as I understand it), but continue to exist in English law.

There is a caveat here that muddies the water!
https://all-about-debt.co.uk/forum/d...40#post1544940

Am pretty sure there was a case in GLASGOW SHERRIF COURT quite recently, however although the person lived in Scotland, his credit agreement was covered by English Law, 5 years only applies if it is covered by Scottish Law, So his agreement was not statute barred

[Still Waving]

I'm not sure where Musketeer got the impression that the Dewdney case decided that a debt was extinguished.

From what I gather, it and subsequent decisions held that a debt which is SB cannot be (quote)"provable" in a bankruptcy proceeding. ie, that a claim that was statute-barred and quite unenforceable one day does not become enforceable the next by virtue of a bankruptcy intervening. A particular set of circumstances.

I haven't seen any reference, in relation to Dewdney, to the debt being "extinguished".

[musketeer]

I'm not sure where Musketeer got the impression that the Dewdney case decided that a debt was extinguished.

From what I gather, it and subsequent decisions held that a debt which is SB cannot be (quote)"provable" in a bankruptcy proceeding. ie, that a claim that was statute-barred and quite unenforceable one day does not become enforceable the next by virtue of a bankruptcy intervening. A particular set of circumstances.

I haven't seen any reference, in relation to Dewdney, to the debt being "extinguished".

The quote I gave is verbatim from (very near the end):

Dewdney, ex parte. Seaman, ex parte - Case Law - VLEX 805067125

[musketeer]

Are you in Scotland? Statute barred debts ARE extinguished in Scottish law (as I understand it), but continue to exist in English law.

No, I'm in England.

[Still Waving]

The quote I gave is verbatim from (very near the end):

Dewdney, ex parte. Seaman, ex parte - Case Law - VLEX 805067125

I had looked at that link (among others) but couldn't read to the end without signing up for a trial. In any case the original question is something of a red herring since, as I said, the case was about whether bankruptcy of an alleged debtor gives a creditor recovery rights notwithstanding the Limitations Act.

The fact remains that, in English law, a Statute Barred debt still exists.