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I'm pleased to say I fell over this site last year, and sorry to say I never registered then, but have read over a number of months with interest what appear to be so many similar situations to mine.

 

I just have a quick question about Statute Barred if anyone can help.

 

I last made a payment to a loan with Lombard in 2000, then lost my job, and despite attempts to talk to lombard about reducing the payments for a few months, they wouldn't and passed it on to a series of debt collectors who demanded full payment of the balance on the spot.

 

My question is, although I haven't made a payment since 2000, your statute barred template states that the debtor hasn't heard from the creditor in 6 years.

 

Well I have had letters, from various debt agencies as it's been passed from pillar to post.

 

I haven't responded to any of them (they all wanted full payment on the spot!) nor spoken to them nor written to them, but i have heard from them in so many letters and cards I reckon it's owl post!

 

Do I just delete that line?

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HG....if you not made any payments on a debt for at least 6 years or acknowledged it (5 years in Scotland) then it will indeed be statute barred. I would make an official complaint to the OFT as once you state that you have no intention of making a payment towards a debt that is statute barred the OFT say they are NOT allowed to continue to collect otherwise it could be classed as harrassment....

 

You need to send the template letter out by recorded delivery.....


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

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Hi 42Man

 

Thanks for that, I a just concerned about the line

 

'it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

As i have had a series of letters from a variety of companies over the years, just never responded, because they all wanted the full amount on the spot in their letters.

 

Also, I moved last year, and have not yet gone on the electoral roll but had the post diverted for a year, do i send it from my old address or current one?

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If you have not made a payment or acknowledged the debt in writing or in a recorded message from you, then it WILL be statute barred....it will only not be statute barred if you have been convicted of fraud or if you (for example) falsified your death...


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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ok, thank you, I am off to send the letter, thanks for your help, I will see what they come back with.

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Help, I have another problem with this

 

I just found some unopened letters from lowells, in trying to spring clean my life!

They were sending so many saying the same thing, that i just put them to one side.

The letter had a statutory demand in it, the date being 28/02/08

signed by the chief operating officer of lowells, and sent by Red

 

However, that was 4 months before i sold my house, and i have a letter from RED in front of me dated 14/04/09 stating they will make any arrangement (original creditor lombard)

 

And a letter from Lowellss Financial in front of me stating they will accept an offer of x amount, and a "statement" started on oct 08?? (original creditor 1st Credit)

 

The last payment for this was in 2000 and not contact since.

 

The statutory demand says original credit 1st Credit, assignee Lowell Portfolio 1 Ltd

 

????? Help, what does this mean?

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it means they are that old and if they were gong to stat demand you they would have done so by now, it is in many cases a scare tactic, by reading your thread it appears that it is stat barred so sit back and relax


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Thread moved to DCA Forum.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Thanks PGH7447 for replying so quickly.

 

I haven't yet sent my statutory barred letter out, been feeling rough this week with a virus, but who do i send the letter to?

 

lowells portfolio 1, lowells financial, or Red?

 

And thanks again

 

Hampshire girl

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they are all one and the same, just different desks within the same sty


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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You may hear from Hampton legal next ;)

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Thanks guyss

 

I may have already done so and don't know, they sent so many letters saying the same thing, that i assumed they all said the same thing adn ripped some of them up without opening them! :eek:

 

This statutory demand is date feb last year, but I have been reading the hampton /lowells thread with mcfly (sorry if it's flyman, reading so much I'm getting confused, and well done by the way) who won today, and i have to ask, he was advised to have the SD set aside, and I obviously can't because it's from last year ???

 

Or is there nothing to get set aside as it's an intention?

 

Hampshire girl

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if they had carried out the stat demand you would have heard by now, forget it


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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