I couldn't edit the above.
Are you sure they need to prove it's not statute barred? I would have thought that's for you to prove, not for them to disprove.* They clearly state in the claim that "you" made a payment in September 2014. I'd be surprised if they included that without being able to back it up. Are they lying? Can you show it's not true? Could your wife have made a payment to her twin sister without you knowing? Your record keeping can't exactly be said to be meticulous
In your defence you will need to deny that such payment was ever made. It's not all about the promissory note.
*I must admit I don't know, but I doubt that you can simply assert in your defence that the claim is statute barred and the court would just accept it - otherwise everyone would do it!
I don't think that their case rests solely on the promissory note. I think they are claiming there was an agreement to lend you (or your wife, or both of you, or your business) £20k and that you would pay it back. I suspect they then came up with the idea of using a promissory note to reinforce or confirm that agreement some time after the fact. (Do they have a solicitor? I suspect not otherwise they would have been told it needed to be executed as a deed if there was no consideration).
If the court kicks out the promissory note they'll just try to establish that there was still a loan and an agreement to pay it back. And that would be quite easy to do if you've already paid back £13K.
How come you don't seem to know when you last made a repayment? The claimant has given a specific date - just within six years which is why they are making a claim now.
I see you've just posted again...
I have double checked and cannot find any payments since the Aug 2013, overall they must prove it`s not SB and there not they are saying they debt is enforceable as they have a promissory note. if our defence states SB information and the Promissory note not Executed as Deed or any consideration would this be acceptable
According to our record the last payment was 1st August 2013, if they are correct and we hope they are wrong they class falls on where the Promissory note is legal as they are using the note as the main part of there claim.
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