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Is This Stature Barred?

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Hi Ya :)

 

Receeved A Letterfrom Lowell Re A Hsbc Debt Of 191.60. Sent A Letter Requeting Further Details (eg Charges Etc) To Hsbc (dobnt Wantto Deal With Lowell) Got A Letter Back Today Saying

 

"the Above Account Was Closed More Than 6 Years Ago, Therefore We Are Unable To Provide You With The Historic Statements As We Do Not Hold Any Records Beyond 6 Years Due To The Data Protetion Act"

 

"we Can Confirm The Debt For £191.60 Has Been Passed To Lowell Finance On 17 May 2006. Please Contact Them To Discuss The Matter Further"

 

As Its Closed More Than 6 Years Ago Is It Statute Barred? They Cannot Provide Me With The Deatils And Proof I Actually Owe This Money, But I Dont Want Another Ccj.

 

Any Advice Would Be Greatly Receieved.

 

Thank You :?

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Statute barred send them this

 

 

Dear Sir/Madam

 

Acc/Ref Noxxxxxxxx

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

 

We would point out 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.”

 

We 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 payment of this alleged 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 us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against 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 CPUTR2008

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

 

 

And post back here with there responce

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blimey quick reply ! is it the case from when the account was closed then as another debt collector (moorcroft) told me statute barred became applicable from the date the dca receievd it ?

 

Thanks so much x

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The date is the last payment or writen admission from you. any phone call do NOT count

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brilliant il get that letter of tomorrow thank you so muchly x

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A quick word of warning do not sign any letters just print your name

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first thought is 99% its statute if its with these morons:rolleyes:,

do you know when last payment was made?

as it could have been after the account was closed.

 

still,would send them statute barred.

which they will no doubt try to tell you its not.

not going to get any help from OC though are they:D

 

shame they did not try it, 3 years ago,when the brought it.

 

 

SAM:pLOWELL DETESTER


SAM:pLOWELL DETESTER.

 

SO PROUD OF MY AVATAR,THAT TOOK ME WEEKS TO WORK OUT HOW TO GET ONE.:lol:

 

PLZ CLICK MY SCALES IF YOU LIKE WHAT I SAY.

OR IF I HAVE HELPED IN ANY WAY.:smile:

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hi i have not paid a penny to them :)

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lets take 2 minutes silence for lowells loss:D:D

SAM:pLOWELL DETESTER


SAM:pLOWELL DETESTER.

 

SO PROUD OF MY AVATAR,THAT TOOK ME WEEKS TO WORK OUT HOW TO GET ONE.:lol:

 

PLZ CLICK MY SCALES IF YOU LIKE WHAT I SAY.

OR IF I HAVE HELPED IN ANY WAY.:smile:

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will let you know what crap they come out with next !

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