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I have recently had a letter from Lowell portfolio telling me of thier aquisition of a debt owed to Barclcaycard.As I have had no contact from Barclaycard regarding this debt for well over 10years now I would assume the 6year limitation rule applies or since Lowell bought the debt from Barclaycard on 14/12/2007 does it become a new debt?Can anybody advise me on this and what to do.
As long as you have neither acknowledged or paid anything towards this debt for 6 years it is statute barred. Nothing anyone does can unstatute bar it. It is Zombie-debt.
Write to them, do not talk over the phone. Tell them you do not acknowledge any debt to them or anyone they represent. Tell them that any alleged debt is now statute barred and for them to chase this is outside OFT guidelines. Do not sign it with your usual signature. There are many examples of this letter on the forum.
Make you sure you send the letter by recorded delivery. Remember that the debt still exists and Lowells are entitled to ask you to pay up but by being statute barred they canot enforce it legally. Once they receive your letter they are supposed to take notice of it and leave you alone.
So you should ignore any letters these morons may send you in the next few weeks demanding you pay the debt. But you should put these letters in a safe place and if Lowells continue to harrass you then that's the time to instigate their complaints procedure.
You should, as soon as possible in the New Year, check your credit files with the credit reference agencies. Lowells claim to have bought this debt off Billycard during December and it is their usual practice to mark it as defaulted on credit files. In your case, if the debt really is more than 6 years old, it dropped off the files on its sixth birthday and cannot be reinstated. If they have done this they should be told to remove it. If they don't then a complain to the Information Commissioner. He has the power to order its removal. A court has the same power along with the power to award damages.
The law applies to both sides and you are just as entitled to use it against idiots like Lowells as they are to use it against you.
Barclaycard/Lowell portfolio I
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