Hi all,

Was wondering if someone could help me on an a statute barred query.

Lowell have been chasing me for an alleged LLOYDS debt on and off for a couple years. Details…

Date of last payment on account January 2012. The account was an overdraft, and already in arrears exceeding its limit at this point. No payment or acknowledgement has been made since. Value is roughly £1500.

A default was then recorded on my credit file on 01/07/2012.

Now, I would assume COA would be somewhere between the January and the actual date of recorded default. If this is the case, this debt is very likely already SB. However, after having read about Lowell I am almost certain they will argue the default date of 01/07/12 is the relevant date if I send a SB letter and I’d rather not get into any communication with these fools unless 100% sure.

Basically, in 1 month the default will completely disappear off my credit file and it will be 100% certain SB. My concern is they will be wise to this and try to pursue a CCJ at the last minute.

What’s confusing is my last couple of letters have come in the form of discounted settlement offers. The wording has been “before we take legal action, we would like to offer you” - firstly 20%, then 30%, then 40%. This confuses me, initially I assumed this is because they are somehow aware due of the timeframe of the alleged debt being a lost cause and are trying anything and everything. Or is there a chance they will all of a sudden withdraw these offers go straight in for a full claim? If so, then why have they not done this already if they stand to recover the full amount? Am I being naïve?

I am just looking for some overall advise on how to deal with this situation. Shall I wait it out with zero contact? Shall I send a prove it letter to keep them busy for a while?

Thanks

Will

Hi Havok123 and Welcome to CAG

Shall I wait it out with zero contact?

Yes

Regards

Andy

The limitation period runs six years from the last failed payment or the last acknowledgement of the debt. If you read the statute barred link then it will tell you that.

I suggest that you write to them and tell them that is statute barred and that under CONC they are not allowed to pursue any further

Whoops, cross posting – and cross advice. I suggested contact simply to prevent them from continuing any claim - which could result in some possible complication. Maybe Andyorch has a better reason for suggesting zero contact

They will claim overdrafts work different and that the COA is different...as they have in numerous similar threads....dont start letter tennis they are fully aware of the limitations and legislation...wait it out...the OC has already placed the marker 6 months after you failed to service the account.....Lowell have 2 months to issue a claim...in their opinion.

COA is from the first missed contractual deposit.

So just sit tight for the next 31 days. Perhaps after that date, then i can send a standard SB letter in response to anythin further as Bankfodder suggested?

have you moved since taking this out?

Yes but they are aware of my current address (or one of them at least)

doesn't mean they cant file to an old address

They have only been sending letters to this address for the past year or so, why would they change now? They send their latest discount settlement letter to my current address 6 days ago, they are confident I live here would they really go and do that for an arguably already SB debt?

:!:really..

https://www.consumeractiongroup.co.uk/forum/showthread.php?487521-Prac-letter-of-claim-old-payday-pdl

read above Very carefully

got it

They can only serve on a previous address if they are not aware of your current and you have not informed them......you have numerous letters to confirm they do know.

As already stated writing to inform them its statute barred when your 2 months away from it falling off your CRAs is very risky...your inviting a claim.

Andyorch, 1st July it falls off my file. So just 1 month away. Think i will sit tight on this one until after this date and tackle it from there.

Andyorch, 1st July it falls off my file. So just 1 month away. Think i will sit tight on this one until after this date and tackle it from there.

I would...why poke the hornets nest