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Statute Barred

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stef33 | 15:22 Fri 15th May 2009 | Personal Finance
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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?
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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.
Have you changed address during this period and failed to notify them?
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.

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