Hi i am writing on behalf of my partner,so around 10 years ago she went overdrawn with Lloyds and as you know the debt was sold onto Lowell,since then she got another good standing Lloyds account with planned overdraft,personal loan,interest free credit card.

Her credit score on clearscore.com is 400/700 and on the timeline on her credit report on clearscore the old Lloyds debt or Lowell dont show up,so she been having letters for years until 3 years ago they sent her a threat pre legal letter and she started paying £10 off the £434 remaining now £373,since stopped paying it 2 years ago they send letters all the time saying they will knock the amount down owed if you pay.

last week she had a pre legal assessment letter and now today post came with another letter saying 'Your Lloyds account remains unpaid,we are now deciding whethere to transfer your account to a solicitor to take legal action against you to recover this debt. so what should she do advice please as i dont want her stressed as shes pregnant and she worries.

There is one key question.

Was there a period of 6 years, where she made no payments or acknowledged the debt in writing ?

She might not know this, unless she has records of the date this overdraft debt was created and also the date she started paying Lowell. If there was 6 years between the date the debt was created and when she started paying Lowell, then the debt will be statute barred and could not be enforced in court if any claim was defended.

Lowell might issue a court claim hoping it is not defended and win by default.

Perhaps it is worth sending them a letter stating it is statute barred and let them prove otherwise. Advise them that 6 years passed between the date of the overdraft debt with Lloyds and any payment subsequently paid to Lowell. Lowell might not bother sending any response or admit to it being statute barred. Outside of a litigation process, they don't have to provide the information, but they should not continue to chase a debt they know is statute barred and have been asked to stop communications.

Nb. The other issue is that if she paid £10 a month over 3 years, why has the debt not reduced enough. They can't add interest or charges.

yes the debt was ongoing before i met my partner and the debt was running for over 10 years now but she didnt pay until the 9th year and no acknowledgement in writing only a family member talked it over the phone with them on her behalf as she is no good at sorting out problems etc.would a email to them be sufficient saying statue barred or must it be in letter format

yes the debt was ongoing before i met my partner and the debt was running for over 10 years now but she didnt pay until the 9th year and no acknowledgement in writing only a family member talked it over the phone with them on her behalf as she is no good at sorting out problems etc.would a email to them be sufficient saying statue barred or must it be in letter format

Personally, i would send a letter.

Some on this site don't advise sending a statute barred letter, because the debt collection agency don't have to prove anything outside of them issuing a court claim. However, as your partner is pregnant, it might be advisable just to send the letter to make the position clear to Lowell. They will see that someone is aware of the issues and they might not try it on with a court claim hoping it is not defended.

If you click on the statute barred auto link, it takes you to a template letter.

phone don't count so statute barred as she probably moved and this is a phishing attempt send the SB letter from the debt collection library ruddy fleecers dx