Is it Statute Barred?

[Loki5506]

Hello, I was wondering if someone could help me? I've had a look round and I can't find a definite answer.

I have Cabot Financial chasing me for money but I believe it to be statute barred and supplied them evidence to prove it. They sent me their proof to say that it isn’t, and I want to know which is right.
I last paid a token payment to the debt on the 31/05/2011 and the money left my account on the 02/06/2011 which is corroborated by the bank statement. They sent me a print out from the original debtor they bought the debt from showing the money was received on the 07/06/2011.

They started CCJ proceedings on the 6^th June 2017 and they say they are well within their rights as they started it before it became statute barred.
They went away and now they have managed to get the case restarted by the Northampton Business Court.

Are they right? Is it when the money is received or when its paid as it seems to read in the legislation? Would really be glad of the help, thanks in advance.

[jaguarsuk]

Hello, I was wondering if someone could help me? I've had a look round and I can't find a definite answer.

I have Cabot Financial chasing me for money but I believe it to be statute barred and supplied them evidence to prove it. They sent me their proof to say that it isn’t, and I want to know which is right.
I last paid a token payment to the debt on the 31/05/2011 and the money left my account on the 02/06/2011 which is corroborated by the bank statement. They sent me a print out from the original debtor they bought the debt from showing the money was received on the 07/06/2011.

They started CCJ proceedings on the 6^th June 2017 and they say they are well within their rights as they started it before it became statute barred.
They went away and now they have managed to get the case restarted by the Northampton Business Court.

Are they right? Is it when the money is received or when its paid as it seems to read in the legislation? Would really be glad of the help, thanks in advance.

It's when the money hits their bank account, so they are correct that by filing on 6th the debt is not Stat Barred.

Is stat barred the only defence you plead?

[ostell]

Could it be argued that the money was actually received by their bank earlier but the date they are quoting is the date that the payment was posted to their records, unless they are showing their bank statement.