Help needed for defence for a court hearing - CCJ set aside, Bank Smart

[ajcbcn]

Hello,

I have a CCJ filed against me using an old address by Bank Smart. They claim that as I made a payment towards one of their invoices six years and five months after the invoice, the statute of limitations doesn't apply and that the count down of six years was restarted when I made a payment. My understanding is that once a debt has passed the six years mark it becomes statute barred, even if someone makes a payment towards it.

I need assistance preparing my defence by the 24 January. Can anyone recommend a solicitor / lawyer who can help me with this?

Many thanks

[ostell]

Ask them for proof of that payment: How ,when made by who, from which bank, full details.

[EXC]

Hello,

I have a CCJ filed against me using an old address by Bank Smart. They claim that as I made a payment towards one of their invoices six years and five months after the invoice, the statute of limitations doesn't apply and that the count down of six years was restarted when I made a payment. My understanding is that once a debt has passed the six years mark it becomes statute barred, even if someone makes a payment towards it.

I need assistance preparing my defence by the 24 January. Can anyone recommend a solicitor / lawyer who can help me with this?

Many thanks

You've posted on another thread that it's for a set aside rather than to defend a claim, so it's not a defence you need but a witness statement to support your set aside application.

Did you defend the original claim or did you not know about it because the claim went to a previous address?

The limitations clock is re-set to six years at the point a payment towards a debt is made. But did the payment go towards that particular invoice?

Also is the claim for non-payment of commission or for either cancellation or breach of contract? It could matter because of this Bank Smart IMPORTANT UPDATE - LegalBeagles Forum

I can have a look but I need to see the following ASAP.

1. The claim form
2. The invoice or if you don't have the invoice, a description of it.
3. The correspondence between you & Bank Smart about the limitation issue.
4. The CCJ

Send it to me at nick@legalbeaglesgroup.com