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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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AlexThey have come back and said it is Not statute

Resolved Question:

Hi AlexThey have come back and said it is Not statute barred because the agreement was terminated on 15/12/2010 Please AdviseRamon Sully
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Thanks for asking for me.
its 6 years from the date of last PAYMENT, not when the agreement was terminated.
You breached it by not paying so the time runs from last payment, not from when they terminated it.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
So if this is the case, what happens next ?
Expert:  Ash replied 1 year ago.
If it goes to Court a Judge decides who is right.....
Alex
Customer: replied 1 year ago.
They say they are right and you say they are wrong, you're both solicitors, who's right ? I've got a feeling they'll take it all the way to court. I don't think I can stall them another 12 months. Any ideas ?
Expert:  Ash replied 1 year ago.
If you can't and you dont want to risk it, then you can come to a settlement. If its a Tomlin Order that means there wont be a formal Judgment against you and it wont affect your credit rating.
Alex
Customer: replied 1 year ago.
I got excited when you told me it was 6 years from last payment, now I'm confused because you said it is from last payment not when agreement was terminated. if it is from termination then I have to stall until December this year, is this possible to do ? They will know I'm trying to stall and they will want to bring it to court before then.What would you do ?
Expert:  Ash replied 1 year ago.
Its date of payment. I would take it to Court but then if you dont want to risk it, I would try and settle with them on a Tomlin basis
Alex
Customer: replied 1 year ago.
So if this is right, they are just trying it on ? Shall I wait to see what happens next and get back to you ?
Expert:  Ash replied 1 year ago.
I dont think they are right. They are suing you for breach of contract. The account was breached from date of the last payment as we discussed.
Does that help?
Alex
Ash and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
OK Alex, I'll wait to see what happens next. I'll update you as and when they write back.Ramon