So as this only a £1243 debt are we better to just pay it as it is not a big amount,compared some we have seen on here, due to the fact of cost added on if we lose.?

Yes we did phone cap one and they said there is payment transaction on there in oct 2007, but is it from us, or could it be an interest payment ? I do think we will go for set aside, under that they are not supplying us with the info of payments etc. Also in the back of heads we still have that it did not show up on are old address on the experian only when we put in our new address, which makes us think this was statue barred and had dissappeared off file. and they have made up payment info, because otherwise why didnt they just send proof, and it suddenly re appears just under the 6 yrs It just doesnt seem right Also if the set aside gets declined. do we get charged anything? thanks

Thank you so much for your advice If we do go down the route of set aside, (which we keep saying we should) the more we discuss it and read the win cases. I am unsure as to what i exactly put on the 6.5 form. So if you could help with the writing of this, i think i would feel better in doing the set aside, as i see on others they seem to quote alot of ACT??? section ?? etc. I have also put this letter ready to go to both lowell and Bw Legal plus £1 each to get the info Your company has contacted me in respect of the above account which you claim is owed by myself. It is my understanding that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued". I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period". The last correspondence/payment/acknowledgement or payment/Payment Method of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed. The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970". I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed. I look forward to your reply. Yours faithfully

Still really confused at what to do, any know time is running out. I know you said send a letter to get info on debt,payments etc. but we phoned bw legal and requested it, who send they will get it from lowell. But surprise surprise will still have not received it. We did phone again and they said still waiting for it. Also telephoned lowells who said we had to speak to bw legal, but they also confirmed that the information has been requested. So we thought yes they are getting it. But now 2 weeks since getting sd and time running out fast. We have read so many of your cases that our heads are spinning and so confused on what to do, as they main reason is we are not 100% that it is statute barred, we thought it was until they said we made a payment in 2007. which we don't recall doing, but cant prove it. as we no longer hold the bank account we had in 2007 if thats how payment was made, also no credit cards at that time so payment was not made that way, only other way was postal order. and as so long ago who knows. Also we do have other debts and are worried that they are agoing to come out of the woodwork, yes i know that they are our debts but circumstances have forced them. We do believe those are also statute barred, but who knows what they can do. We have come to conclusion we have these options: 1. Pay the debt to below the £750 limit so that they cant bankrupt us (as that is the scary thought) but then can they keep putting charges on to get it back up again ? And then does this stop the statutory demand? 2. Put in to set aside, but we unsure as to which way this will go and scared of then getting there charges and debt becoming bigger, and as we haven't requested the info by letter and instead did it verbally. 3. Agree to make a payment plan monthly payments,on this debt to finally get rid of it and start to get our credit back and stop the harassing calls and letters. even thou, we then think this will open the flood gates to all the others out there. But i feel to get rid of all these would be a huge relief, but financially hard, but worth it in the long run. Then i am unsure as to what they would except as a payment plan, and if i did offer this am i then acknowledged the debt and this can still proceed to bankruptcy. Please help with what to do. Thanks again Also i need to clarify this question: If this debt was statued barred, by making payment to the account does this now make it to not being statute barred anymore ?

it was so long ago cant recall the payment. but i know there would of deffo been along period of not paying, thats why we thought it was over the 6 yrs, as dont recall making this one, but as i say long time ago.And i don't hold any accounts that i would of had at that time, to check payment, only way is if they tell me how it was paid then would know if had that method. Really not convinced that payment is genuine, was going to phone lowell tomoz and get then to send me proof of payments made. As this is the only way i can tell if genuine or not I thought all credit companies would hold the same info, so no have only got experian. is there any where else defaults would be logged as i am sure capital one would of set a default before 2008.

I Haven't received any statements from debt companys, and cannot remember the last time i got one from capital one, deffo not since lived at new address which is 5yr 9 months. Just got a call from NDL and they say its weird that capital one won't give me info of payments without sending them a letter and £10, they should be able to send statement of account. Also still not sure to as why the debt did not show on the experian report for previous address, but shows up on new address, which make me think it had disappeared due to being statute barred. then they logged a default in 2008 for ir to show up again. If the did a default in jan 2008 due to last payment in oct 2007. then why didnt they do a default before the 2007 as there would of been a long period of no payment till then. She also said do not send a cca form as that is admitting the debt Brain is so frazzled as what to do.

The account is now archived with capital one she said so couldnt give me any more info i am just going by what she told me the last payment was, I Honestly cannot recall paying it, but the years do seem to fly by so i possibly did.

I did ask but they said couldn't get figures, unless i sent a letter and £10 for a statement, but possibly Lowell will have all the information Do i phone lowell for this or not Do i just see if i can get a settlement figure and pay lowells as its now not statute barred If i do go for settlement what would be a reasonable offer from the £1243 debt Thanks

I Have just phoned capital one, got a very helpful manager who said i last made a payment on 8 oct 2007 for £x.xx then then issued a default in jan 2008 and was defauted in feb 2008 Now what i do as not over 6 years as thought so not statute barred Thanks

Thank you for your advise and quick response I will give cap one a ring and see what i can find out, and also apply for a cca and sar in the meantime sorry to be thick what is a SAR lol Thanks

Lol does seem to be alot of threads of this at the mo from lowell I have had alot of letters from debt collection agencies re a debt of £xxx but never acknowledge any of them to be honest. As one minute one company then another,and also thought it was over 6 years so didn't need to,and also you never know if it was scams or not as so many scams with phoning numbers etc. And more important things to worry about at the time. They took 10 days from letter date to knock on door thou, so what date do i go by for 18 days. Thanks

Thanks for the quick response. If i phone capital one for this information am i acknowledging the debt ? so the statute barred date of over 6 years would be from date of last payment not the default date lowell have ? Thanks

Hi I am in need of some advice please I have just been handed a statutory demand from a man at my door, from bwlegal for lowells for a capital one card for the amount of £1243. There is several dates on here. says default date 9 feb 2008 but on appropriate court for setting aside demand form says date of assignment 12 feb 2009. Also letter has date of 17th jan 2013 and man knocked and handed to me on 27th jan and says i have 18 days is this from date on letter or date handed. Firstly i cannot remember how long ago since i had a capital one card so well over 6 years, so as i am not sure on this i paid to get experian report which has this listed. as follows company : LOWELLl PORTFOLIO I LTD Account updated: 25/09/2011 account type : credit card / store card Started: 22/12/2004 Default Date: 09/02/2008 Current balance £1,243 I am confused as to where the date 09/02/2008 comes from , as certainly haven't had any dealings with credit card since before 2007 possibly alot longer, i know i moved to my new address in 2007 and haven't paid any capital one here, and in feb 2008 my son was diagnosed with a brain tumour so i was in hospital for months with him on that date, so wouldn't of spoken to anyone. I also printed my credit report out and it had my old address and there was no mention of capital one debt on there, so as far as i am aware this debt had disappeared as older than 6 years. only above information of debt on report when put in new address.(had a capital one card at old address) I wouldn't have a clue if i owed them any sum of money and what that amount would of been, so how do i find this out, how do i know this information is correct. And who puts the default date. as this would of been before 2008, can they just put what they want. I would really appreciated some advise on what to do. I have read your forums and there is some really good advice, but just wondering with my details as what to do. The point it says statutory demand a bankruptcy scares me if someoone could give best course of action would be much appreciated. Have tried to ring NDL but waiting on call as busy. Thanks x

Hi Just found this site and hoping for some help I am in the process of moving and have also been hit with a high redemption charge from kensington Of nearly £7000,00 as with are going to end 4 months to early which we didnt realise but its to late to wait another 4 months, as we have sold and have found a new home. Is there anyway out of paying this redemption ,we did speak to someone at kensington to see if the fee could be waivered but was told no we even said how about a reduced fee as we only have 4 months left and then would have to pay nothing, thinking even if we paid half 3% instead of 6% would be better than the full whack but was also told this is not possible. Can anyone give us any advice, would be very much appreciated. We have also been stng with lots of charges from kensingon with late payments as my hsband is self employed and cant gaurantee a apyment date. so theyve had loads of extra from aswell and always increasing the payment as have just read on here aswell. how dare these companies keep ripping people off all the time something needs to be done. thanks