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Lowell Financial


rover75
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Hi,

 

I sent a request to Lowell for a CCA, for a debt they say is 12 years old, from an address I never even lived at, because of the age of this debt is their any letter to send stating any rights which I may have, because I have never had anyone contact me before about this debt.

 

I await your reply, Kind Regards.

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Law relating to debts: statute-barred debts

 

If a lender allows time to pass without receiving any payment an action for recovery may become barred.

 

Under the Limitations Act 1980 the time limits are

 

* in simple contracts (credit cards, loans, etc.), 6 years

* in contracts under seal (mortgages), 12 years.

 

If the debtor acknowledges the debt in writing or makes a part payment within the original limitation period, then the time limits start to run again from the date of acknowledgement or the date of payment.

 

Even though the lender may be barred from pursuing recovery, a debtor may decide to pay the debt after the expiry of the time limits. Because of this you should allow a debt which is otherwise statute-barred if the personal representatives pay the debt and you receive evidence that the payment has been made.

 

The above instructions do not apply to debts in Scotland. Under Scottish law, if a lender allows time to pass without receiving any payment an action for recovery may become barred under the Prescription and Limitation (Scotland) Act 1973. (For details of this Act see Gloag and Henderson 10th edition at Chapter 15.). These debts are completely extinguished and cannot be enforced. Once the prescriptive period expires the debt cannot be allowed as a deduction.

 

To sum up, basically once a debt becomes statute barred it is up to the debtor whether or not they wish to pay the debt. A debt can not become unstatute barred.

Be VERY careful whose advice you listen too

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Others will be along no doubt to answer your question here. If the debt is 12 years old, and you have had no written communication or made any payments to this debt for the lasy six years, then the debt is what peeps term statue barred - legally unenforceable

 

You might want to review this thread here about Lowells and alleged Barclaycard debts, and maybe drop into a website I've set up too, to help me and others, who seem to have been recently letter dropped out of the blue

 

http://www.consumeractiongroup.co.uk/forum/campaign/128102-lowells-financial-services-campaign.html

 

Lowells Debt Collection Agency - Who Are They?

 

Good luck

MrTWS:)

HI,

Thank you for your reply, should I send a letter to Lowell about 'Statue Barred' if so do you have a template.

 

Kind Regards.

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