Statute barred debt and bankruptcy

[Clarification]

I have recently applied to have my bankruptcy annulled. I recently received an email from the Official Receiver stating that a proof of debt had been received from Cabot Financial. This is some 14 years old now and I have not ha any contact whatsoever with Cabot or anyone else on this matter. There was no CCJ either. Can this be considered as part of the bankruptcy or is it statute barred?

[Nibbler]

Re: Statute barred debt and bankruptcy

https://www.insolvencydirect.bis.gov...art3.htm#40.95

40.95 Stature barred debts not provable

A debt that is statute-barred (see paragraph 40.11) cannot be a provable debt [note 37] [note 38].

40.15 Meaning of ‘prove’

Where a company is being wound up, or a bankruptcy order has been made, a person claiming to be a creditor and wishing to recover his/her debt in whole or in part must, subject to any order of the court [note 25] [note 26], submit his/her claim in writing (which can include in electronic form), to the liquidator, official receiver as receiver and manager, or trustee [note 27] [note 28].

A person who lodges a claim is referred to as ‘proving’ for his/her debt and the document by which he/she seeks to establish there claim is referred to as the ‘proof’ [note 29] [note 30].
A summary of the Rules relating to proving can be found in Chapter 16, Part 5.

[Clarification]

Re: Statute barred debt and bankruptcy

https://www.insolvencydirect.bis.gov...art3.htm#40.95

Thank you Nibbler. It would appear that the debt is, in fact, statute barred. I have sent a statute barred letter to Cabot and will await a reply. Can I ask the Official Receiver for a copy of the proof of debt?

[Nibbler]

Re: Statute barred debt and bankruptcy

I would write to the Official Receiver, pointing out the above, stating as such that you require them to reject Cabot's proof of debt.