I have defended a statute barred credit card debt. No acknowledgement by me or payments for 6 years. The claim was issued two months 2 late. The case was stayed. The credit card company was owned by the bank I had my account with.
The claimant has produced all previous credit statements and a payment into my account has been made in 2009 therefore making it not statute barred and they are now proceeding and applying to have the stay lifted.
Facts:
The payment was transfered from my current account to the credit card without my knowledge. Obviously I accept the t & c's state they can do this, however on the day I realised what had happened I went into the bank and they reversed the transaction..
The claimant believes this is a bounced payment from and don't appear to know the facts.
I am sure they will be telephone records etc confirming my calls to the bank and visits.
1. did I make a payment
2. Will the fact that the owing bank reversed the payment make any difference.
I have spent days trying to find an answer and cannot see any provision for this in the act or any law books.So, did I make a payment
The claimant has produced all previous credit statements and a payment into my account has been made in 2009 therefore making it not statute barred and they are now proceeding and applying to have the stay lifted.
Facts:
The payment was transfered from my current account to the credit card without my knowledge. Obviously I accept the t & c's state they can do this, however on the day I realised what had happened I went into the bank and they reversed the transaction..
The claimant believes this is a bounced payment from and don't appear to know the facts.
I am sure they will be telephone records etc confirming my calls to the bank and visits.
1. did I make a payment
2. Will the fact that the owing bank reversed the payment make any difference.
I have spent days trying to find an answer and cannot see any provision for this in the act or any law books.So, did I make a payment
Statute barred tech help urgent !!!!
