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advice on stature barred


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Hi advice needed i had a credit card with capitol one last payment made to them in january 1996

 

they stopped putting interest on this account in july 2006 this account was sold to our old freinds Lowell

 

some time in 2009 i have never admited this debt or payed anything off it never contacted lowells and

 

never spoke to them they keep writing to me i just ignore them so now they have passed it on to a debt

 

collector so please advise as to where i go next is this account stature barred

 

many thanks mike

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Look in the CAG library and use the template letter http://www.consumeractiongroup.co.uk/forum/content.php?408-Letter-sent-when-debt-is-statute-barred

 

Providing that you have DEFINITELY not paid anything for six years and have at no time in that period acknowledged the debt then the Limitation Act would apply. It is down to them to prove otherwise.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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Send them the statute barred letter and see what they come back with. I bet they will try and say that a small payment was made in 2007 or 2009.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Take care when dealing with Lowell!!

Send this to their Compliance Mnanger.

 

Dear Sir or Madam,

 

Ref:XXXXXXXXXXXXXXXXXXXX

 

 

I refer to the debt for £xxxx which you allge is owed by me for a Capital 1 account,

please not I do not acknowledge any debt to Lowell or any company you may claim

to represent.

 

I have researched my credit history and taken advice on this matter and have concluded

that any such alleged debt is now STATUTE BARRED, I will not therefore make any payment

or offer of payment now or at any time in the future.

 

I now require Lowell to cease to process and store any data relating to me.

 

I am fully aware of the OFT Guidance on Debt Collecton 2003/2011 and the sections

regarding the pursuit of statute barred debt

 

Send RD check delivery.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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  • 2 weeks later...
send them the statute barred letter and see what they come back with. I bet they will try and say that a small payment was made in 2007 or 2009.

 

they sent me a statement showing the last payment to capitol1 was jan 2006 the sent me a statement showing the same balance 2 weeks ago so no money has been payed

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Did you make that payment?

 

If not report them to the OFT & TS for fraud.

 

It's still SB anyhow, they fail you win.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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It's still SB it's now Aug '12.

 

Yup. Send the Statute barred letter and then have a good long laugh at them.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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