Can a debt become statute barred between claim form submission and court date?

[aj999]

Hi Everyone,

I received a parking ticket in December 2010 and the company has suddenly started threatening me with legal action. I appealed the charge on the basis that i had paid but had only entered the number part of my registration number (they had recently updated their machines and the previous ones only asked for the 3 digit number to be entered, not the full registration). Fortunately i had the receipt and sent this to them as evidence that i had paid. The appeal was rejected and i told them that i was not viewing the debt as due. Another debt collection company sent me a couple of letters but i just kept pointing out that i had paid for the parking and wasn't acknowledging the debt. I heard nothing for over 5 years but now a new company is threatening legal action. If they submitted a claim form now it is unlikely there would be a hearing until the new year. My question is, if they submit a claim before the 6 years is up but then the court hearing takes place after the 6 years, could i argue in court that the debt is now statute barred?

Many thanks in advance!

[R0b]

Re: Can a debt become statute barred between claim form submission and court date?

No the claim is not statute barred. Once a claim has been issued, the limitation period clock stops, it is only when the claim has been struck out or discontinued does it restart again from where it left off.

[aj999]

Re: Can a debt become statute barred between claim form submission and court date?

OK, thank you for your fast response. Looks like i will have to try and string things out for another couple of months before they submit their claim form!