Threat to pay, possible statute barred

by allrightsreserved Sat Nov 16, 2019 12:02 pm

Any advice on how to deal with the following

A letter arrived with a threat to pay a certain DCA regarding an alleged offence from roughly 8 years ago.
(Given the time it should be statute barred.)
There was another situation after this where time was spent in jail, and the alleged offence mentioned above was mentioned at sentencing by the judge and they gave extra time in jail as payment for the alleged offence.
Now this letter has arrived with threats to pay or action.
Do we 1. Ignore. 2. Investigate if statute barred (not sure how to do this). 3. Investigate the sentencing and the extra time spent.

Not sure how to say anything else without revealing the situation to potential DCA trolls.

Any advice would be much appreciated.

by **daveiron** Sat Nov 16, 2019 1:09 pm

Take a look at the Limitations Act sec 5 for debt & sec 24 & 38 for the other issue.

by allrightsreserved Sat Nov 16, 2019 1:19 pm

Thanks strangely enough whilst researching other things the other night we printed that Act off,will dig it out and read thoroughly.
The original time spent in jail, was unlawful as all evidence presented and witness's were ignored, and the accuser had fabricated the whole situation and without evidence.
So we are hoping to find a way of getting this overturned if this is the correct way of saying it.
With it being from so long ago how would we approach.
Will check through the Act you mention first before asking anymore questions.

by flyingfish Sat Nov 16, 2019 4:40 pm

allrightsreserved wrote:A letter arrived with a threat to pay a certain DCA regarding an alleged offence from roughly 8 years ago.

You say "offence", so was this a court imposed fine, for example following conviction in Magistrate's or Sheriff's Court? Assuming you're in the UK then I don't beleive there is a time limit for collection of court fines.

by allrightsreserved Sat Nov 16, 2019 5:30 pm

flyingfish wrote:
allrightsreserved wrote:A letter arrived with a threat to pay a certain DCA regarding an alleged offence from roughly 8 years ago.
You say "offence", so was this a court imposed fine, for example following conviction in Magistrate's or Sheriff's Court? Assuming you're in the UK then I don't believe there is a time limit for collection of court fines.

Yes this was a court imposed fine, yet it was ordered that extra time be spent in jail for the unpaid court imposed fine, whilst serving time in jail for a separate matter.
Ah so the statute barred is only for "debts" not "court imposed fines"?

by allrightsreserved Sat Nov 16, 2019 5:32 pm

Flyingfish, but if the extra time is spent in jail to cover the fine, then we must retrieve the court documents which hopefully will confirm this.

by flyingfish Sun Nov 17, 2019 8:25 am

allrightsreserved wrote:Flyingfish, but if the extra time is spent in jail to cover the fine, then we must retrieve the court documents which hopefully will confirm this.

Yes, see what you can dig up from the court. Was it quite clear that the extra sentence was for non-payment, rather than an uplift for an earlier conviction as opposed to first offence?

by allrightsreserved Sun Nov 17, 2019 12:18 pm

flyingfish wrote:
allrightsreserved wrote:Flyingfish, but if the extra time is spent in jail to cover the fine, then we must retrieve the court documents which hopefully will confirm this.
Yes, see what you can dig up from the court. Was it quite clear that the extra sentence was for non-payment, rather than an uplift for an earlier conviction as opposed to first offence?

Yes it was made clear, so will do some digging as soon as we can on that and will keep everyone posted here.

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