It's Lowells and Barclaycard - SB'ed question. *** Lowell Agree Stat Barred - SUCCESS ***

[jon888999]

Don't want to say who yet, but a DCA has been pestering me about an account that the last payment date was 23rd August 2005. Confirmed by the statements they've sent me recently. So can somebody confirm that as i've not paid or acknowledged the debt since then that I can send the stat barred letter on Tuesday.

 

Although i've not moved the OC decided to start writing to me at a relatives address, those letters were returned, then they sold it to a dca who kept writing to the same address all were returned unopened. Early this year they wrote to me at the correct address, I sent the prove it letter. They replied with statements and an application form with no prescribed terms so I said get me an enforceable agreement or get lost! Had a few grovelling letters eg pay 30%. All replies to them have been marked "I do not acknowledge any debt to your company or any company you claim to represent" Also contains PPI and Penalty charges, although not enough to settle the alleged debt.

 

So should I post the letter monday or leave it till Tuesday?

 

Thanks for your help.

Jon

[havinastella]

Post it whenever you want.

 

It's Sat barred and there is nothing they can do!

 

Jogs

[Ganymede]

Post it whenever you want.

 

It's Sat barred and there is nothing they can do!

 

 

Not yet it's not.

 

Send the letter on the 24th and give them the proverbial finger!

[dpick]

Hi I would leave it until they write again then tell them statute barred get lost.

 

dpick

[bazaar]

Also, if they didnt send any letters recorded delivery, it keeps the clock ticking a little longer, as you dont recall receiving them

[jon888999]

Also, if they didnt send any letters recorded delivery, it keeps the clock ticking a little longer, as you dont recall receiving them

 

They've never sent any of the letters recorded, the ones i've sent recently have been by recorded.

How do you mean it keeps the clock ticking a little longer?

[AndyOrch]

They've never sent any of the letters recorded, the ones i've sent recently have been by recorded.

How do you mean it keeps the clock ticking a little longer?

 

No acknowledgment.

 

Andy

[brokebutnotbeatn]

This won't be statute barred until 25th September - as this will be the first missed payment (I believe) - unless the letters you have sent recorded acknowledge this debt. in which case you will have reset the clock?

[jon888999]

This won't be statute barred until 25th September - as this will be the first missed payment (I believe) - unless the letters you have sent recorded acknowledge this debt. in which case you will have reset the clock?

 

All letters i've sent them have been disputing the debt.

Last payment made was on 23rd August 2005 so I thought that, that was the last time I acknowledged the debt and that was when the 6 years run from.

I think i've confused myself more by asking!!

Thanks

Jon

[maroondevo52]

Hi,

 

What did you say in the letters you sent ?

 

If in the letters you sent told them you do not acknowledge the debt, it will, then, be up to the creditor/dca to prove that the debt is not Statute Barred - either by proving that you made a payment towards it, or acknowledged it, in writing, during a six year period of your last payment/acknowledgement.

 

Equally, once you have told the creditor/dca that you will not be making any further payments towards the debt, because it is statute barred (the ONLY reason you need give) then that creditor/dca should cease all further attempts at pursuing that debt:

[jon888999]

Hi,

 

What did you say in the letters you sent ?

 

If in the letters you sent told them you do not acknowledge the debt, it will, then, be up to the creditor/dca to prove that the debt is not Statute Barred

- either by proving that you made a payment towards it, or acknowledged it, in writing, during a six year period of your last payment/acknowledgement.

 

Equally, once you have told the creditor/dca that you will not be making any further payments towards the debt,

because it is statute barred (the ONLY reason you need give) then that creditor/dca should cease all further attempts at pursuing that debt:

 

Thanks All letters have been headed " I do not acknowledge any debt" Definitely not acknowledged debt since 2005/

From post 1,

Although i've not moved the OC decided to start writing to me at a relatives address,

those letters were returned, then they sold it to a dca who kept writing to the same address

all were returned unopened.

 

Early this year they wrote to me at the correct address, I sent the prove it letter.

 

They replied with statements and an application form with no prescribed terms so I said get me an enforceable agreement or get lost!

 

Had a few grovelling letters eg pay 30%.

 

All replies to them have been marked "I do not acknowledge any debt to your company or any company you claim to represent"

 

Also contains PPI and Penalty charges, although not enough to settle the alleged debt.

[maroondevo52]

I take it they defaulted you and marked your file with the cra's and there's no CCJ.

[jon888999]

I take it they defaulted you and marked your file with the cra's and there's no CCJ.

Not sure because it doesn't show on my credit file and any default notice would have been sent to the wrong address so would have been returned unopened.

No CCJ has ever been mentioned and doesn't show on my credit file, so I assume not.

I know the last payment date was the 23rd of August 2005 as the statement they've sent me shoWs that. Also agrees with my records/memory.

[maroondevo52]

Not sure because it doesn't show on my credit file and any default notice would have been sent to the wrong address so would have been returned unopened.

No CCJ has ever been mentioned and doesn't show on my credit file, so I assume not.

 

Good stuff

[jon888999]

So just to clarify i'm 110 % certain i've not acknowledged this debt since 23rd august 2005. Mainly because the OC decided to write to the wrong address.

If that is the case is it definitely statute barred on the 24th? My opinion is that it is, but some others think that it won't be until the 23rd of September.

 

Really want to send the first of my statute barred letters! But want to be sure first.

Will have to wait another 2 years + for the others as the ones who wrote to the proper address got token payments until I found this site and stood up to them.

[Undercover-Elsa]

Hi,

Unfortunately it's not as simple as last payment (unless the payment was made AFTER the account was defaulted/terminated)

The stat barred clock starts at the point of "accrual of cause of action" which is the date when they can start enforcing the debt after you default on payment.

It's a bit of a murky area, so be careful here.

Much depends on the T&Cs...eg If your T&C's state that if you miss 1 months payments then a default notice will be issued etc, then cause of action is when an (unpaid) default notice expires as at that point they can enforce. If, on t'ther hand, the T&C's state that the full balance becomes payable immediately a payment is missed, then cause of action accrues the day after the first missed payment. And so on.

 

Procrastination is key here...

 

Does this debt still show on your credit file, or if it does, what's the stated default date?

 

kind regards,

 

Elsa x

[brokebutnotbeatn]

Elsa, this is a most useful explanation - thanks.

[Blondie40]

Hi,

Unfortunately it's not as simple as last payment (unless the payment was made AFTER the account was defaulted/terminated)

The stat barred clock starts at the point of "accrual of cause of action" which is the date when they can start enforcing the debt after you default on payment.

It's a bit of a murky area, so be careful here.

Much depends on the T&Cs...eg If your T&C's state that if you miss 1 months payments then a default notice will be issued etc, then cause of action is when an (unpaid) default notice expires as at that point they can enforce. If, on t'ther hand, the T&C's state that the full balance becomes payable immediately a payment is missed, then cause of action accrues the day after the first missed payment. And so on.

 

Procrastination is key here...

 

Does this debt still show on your credit file, or if it does, what's the stated default date?

 

kind regards,

 

Elsa x

 

Elsa

 

You have raised an interesting point and something that I am not too clear on.

 

I defaulted on my debts in Summer of 2006, when checking my credit file I noticed that the defaults were registered between 3 months and 6 months later and in one case over 12 months later.

 

Of the couple that have not been settled and have been sold on to DCA's the default has been registered by the DCA's after they have bought the account which means the default is registered nearly 3 years after the last payment.

 

In such a case is the 6 years for Statute Barred from the date the default was registered by the original creditor for example:

 

Payment on 01/06/06 missed

 

Default noticed issue 01/07/06 giving until 15/07/06 to pay or default registered.

 

No payment made - passed to collections

 

Default registered by OC with CRAs on 01/12/06

 

Account sold to DCA 01/12/08 - Credit Report shows account settled with OC on 01/12/08

 

DCA writes "payup or else" letter.

 

B40 - says no credit agreement from OC - account in dispute

 

NO Default Notice received by B40 from DCA

 

Credit report shows default registered by DCA with CRAs on 01/04/09

 

In this case is the 6 years up on 02/12/2012 or 02/04/2015

Edited August 22, 2011 by Blondie40

[jon888999]

Elsa

 

You have raised an interesting point and something that I am not too clear on.

 

I defaulted on my debts in Summer of 2006, when checking my credit file I noticed that the defaults were registered between 3 months and 6 months later and in one case over 12 months later.

 

Of the couple that have not been settled and have been sold on to DCA's the default has been registered by the DCA's after they have bought the account which means the default is registered nearly 3 years after the last payment.

 

In such a case is the 6 years for Statute Barred from the date the default was registered by the original creditor for example:

 

Payment on 01/06/06 missed

 

Default noticed issue 01/07/06 giving until 15/07/06 to pay or default registered.

 

No payment made - passed to collections

 

Default registered by OC with CRAs on 01/12/06

 

Account sold to DCA 01/12/08 - Credit Report shows account settled with OC on 01/12/08

 

DCA writes "payup or else" letter.

 

B40 - says no credit agreement from OC - account in dispute

 

NO Default Notice received by B40 from DCA

 

Credit report shows default registered by DCA with CRAs on 01/04/09

 

In this case is the 6 years up on 02/12/2012 or 02/04/2015

 

Hi, I've asked maroondevo52 to look and give us his guidance.

[AndyOrch]

As far as I am aware irrespective of T&Cs and CRAs registration.

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, 6 years
  
• in contracts under seal, 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 acknowledgment 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. These debts are completely extinguished and cannot be enforced.

 

The above is applicable unless a CCJ is attained without your knowledge within the above periods.

 

Regards

 

Andy

[maroondevo52]

As far as I know, the default date matters not a jot, well it will stay on your credit file for 6 years but what that has to do with the debt being stat barred I don't know.

 

The Limitations Act 1980 states that when the following conditions are met then the debt cannot be pursue through the courts.

The conditions are:-

 

That the creditor has not taken court action against you, eg CCJ, AND

You have not made any payments on the debt over the last 6 years,AND

During the years, you haven't written to the creditor acknowledging that owe them money.

 

Thats the way I see it, they can whack a default on your credit report long after your last payment or acknowledgement, so they think the stat barred clock starts from there, I don't think so.

[dpick]

I believe that the stature barred start period has to be missed payment if it was the default date then a creditor would never default you hence the debt would never be statute barred.

 

dpick

[AndyOrch]

The first thing to stress is that loans and credit card balances are rarely if ever totally ‘written off’. They may become legally noncollectable, but this does not stop the lender from writing to you asking for payment, nor does it stop the lender from selling your debt to Debt Collection Agencies (DCAs) to carry on the collection process . The underlying agreement (even if not legally enforceable) still applies together with the rights and duties of the two parties to the agreement. It also means that if the reason for the debt being noncollectable is ‘cured’ by the lender at some future date (e.g. they locate a copy of an enforceable agreement) the debt then becomes due together with all the arrears and charges from the date you ceased payments. This of course would not be the case if the time between a last payment (or admission of liability for the debt) and the debt again becoming collectible exceeds 6 years, when the Limitation Act 1980 debars the lender from pursuing the debt.

 

Andy

 

 

[jon888999]

Thank you, so it's six years today since I last paid. I will wait for them to write again then give them the good news!

[brokebutnotbeatn]

From the date you missed the payment - so a month on from now...