Statute Barred Defence and tactics of Lowells and others

[Amethyst]

Re: Statute Barred Defence and tactics of Lowells and others

Sorted then

[Nibbler]

Re: Statute Barred Defence and tactics of Lowells and others

Payments made using set-off wouldn't be by agreement with the debtor, would they?
...and these wouldn't be the debtor's funds either:

No. That's the point. There would need to be specific agreement that could be done with those funds for that purpose. The creditor just exercising their general right to set off would not be enough.

[Guest]

Re: Statute Barred Defence and tactics of Lowells and others

No. That's the point. There would need to be specific agreement that could be done with those funds for that purpose. The creditor just exercising their general right to set off would not be enough.

I suspect that the issue of if the creditor represented the debtors agent(in terms of the SOL) would be a triable issue, and of itself be enough to defeat the stat demand.

[Nibbler]

Re: Statute Barred Defence and tactics of Lowells and others

Yes, probably that as well.