Statute Barred

[stef33]

Hello
A debt company has been perusing me for an unpaid debt which is over 8yrs. I have had no contact with the creditors for this length of time. However the debt company applied for an order against my property via the land registry service. I am seeking to have this order set aside. I thought that if a debt was over 5yrs that it would-be classed as statute Barred and therefore no judgement be pass in favour of it?

[themas]

If a County Court Judgement (CCJ) was obtained before 6 years had expired (in England & Wales - Scotland is different) then the debt is never statute barred. For them to put a charge on at the land registry there should be a CCJ and you should have defaulted on the payments. They should then have gone back to Court to get a Charging Order.

If none of this has happened, they are very probably out of order & you should certainly ask for the restriction to be removed from the title.

[factor-fiction]

Have you changed address during this period and failed to notify them?

[ctabuk1]

The point about your address is valid - to a degree - if the debt was mortgage related, then statute barring kicks in after 12 years. If the debt was unsecured and not subject to a County Court Judgement then you should be able to overturn the charge - statute barring is a misnomer in many ways - if a debt is pursued within the 6 year period, then each demand extends the 6 year period. So technically speaking - If I lent you money and did not pursue it for 5.5 years - then as soon as I did I'd get another 6 years to reclaim it.