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Statute barred debt To be heard in County Court

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  • Statute barred debt To be heard in County Court

    I got contacted by Restons solicitors saying they were about a taking me to court for an alleged credit card debt.
    This alleged debt would be statute barred debt as no payment or acknowledgement had been made within 6 years. I used a template letter to notify them of this.
    I then got a claim form from Northampton bulk County Court 18 December 2015. I submitted a statute barred defence as there would have been no payment or acknowledgement within 6 years
    Last week I received a pack from Restons asking me to withdraw the defence as they could prove interest was charged to me within 6 years and that a default had been registered in June 2010, and a letter transferring from mbna to a debt agency, both in June 2010 so within 6 years. (Both actually to an address I left in 2008,so didn't receive.)
    I did nothing but have now been told by letter from Northampton court this is to be transferred to my local county court.
    The restons pack submitted to court still didn't prove acknowledgement or payment within 6 years but I am now worried about court,as restons in the pack say the statute barred starts when the default was issued in 2010,not my last payment in October 2009.


    Help...please.

    - - - Updated - - -

    Should I engage a solicitor?
    Tags: None

  • #2
    Re: Statute barred debt To be heard in County Court

    The fact that interest was charged has nothing to do with SB, and I believe the SB date would depend on when the first missed payment was, so assuming the next payment was due mid November with the issue date they may well be just over the SB date. In the event of no further help here I would talk to a solicitor who knows about consumer debt to confirm the exact dates and legalities

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