Barclaycard / Lowell

[flappymoog]

This is an interesting one:-

 

I have a letter from them today offering me a 75% discount on an alleged debt of almost £3,000.

 

It actually states this at the bottom of the letter:-

 

"you should be aware that the period for recovering your debt by court action has expired,

so we will not be issuing court proceedings to enforce payment.

However, your debt still exists and legally we are within our rights to continue to ask you for payment"

 

Is this true?

can they continue to ask for payment?

 

 

can I stop them sending me begging letters?

 

Cheers,

Flappy

 

I would like to add the alleged debt is still on my credit file with a default date of November 2009,

six years are not up until November this year unless they have an actual date of last payment made?

 

The card was taken out in Scotland which is 5 years from SB, but I assume still enforceable in England?

[maroondevo52]

Hi,

 

Once you have informed them in writing this debt is statute barred and you will not be paying it they then must stop contacting you for payment.

In Scotland after the 5 year period the 'debt' no longer exists so they have nothing to chase.

 

I believe you can complain to your local Trading Standards if they continue to hassle you.

[flappymoog]

Hi Maroon,

 

I reside in England now and have for a few years? does the 5 years still count? I thought it was 6 as I am in England now?

 

Cheers

Flappy

[maroondevo52]

Hi,

 

Yes your right as you no longer reside in Scotland the 6 years will apply, even so the The Financial Conduct Authority (FCA) state...

 

a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." 7.15.4 Rule

 

 

"It is misleading for a firm to suggest or state that a customer may be the subject of court action for the sum of the statute barred debt when the firm knows, or reasonably ought to know, that the relevant limitation period has expired." 7.15.7 Guidance

 

 

"A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8 Rule

 

 

You can make a complaint to your local trading standards department, who can look into your case. You can also complain to the FCA, as they can look into companies’ behaviour, even though they cannot deal with individual complaints.

 

 

You would have to write to them stating the debt is Statute Barred and you will not be paying it.

[flappymoog]

I am still a bit confused, they have often wrote to me so I guess that is still in contact?

 

Are you saying that because the debt was taken out in Scotland and I have not paid for 5 years then in theory it is statue barred? I don't want to write to them incase they have made a mistake, I will just keep ignoring until the default date is passed 6 years (unless i know i not paid within the last 6 years)

 

Cheers,

Flappy

[maroondevo52]

Send them a Subject Access Request, this will let you know the score regarding any payments made on the account and when you made the last one.

[dx100uk]

if the account was opened when you resided in Scotland

then its 5yrs

and the debt is extinguished totally

 

 

only a claimform or decree can stop the clock

or your signed written ack on a letter

or a payment

 

 

I would not be writing to anyone

simply invites letter tennis

 

 

dx

[flappymoog]

Hi Dx,

 

That is interesting and thanks - because the other items I have on going issues with was opened in Scotland also, and they are over 5 years.

 

I just thought now in England they could collect upto the 6 years.

 

Cheers

Flappy

[flappymoog]

Sorry - would they have had to take it to court within the 5 years? or can they until the 6th year now in England?

[dx100uk]

no within 5yrs

 

 

actually it might pay you to write to these people sorry

 

 

tell them the debt was taken out whilst resident in Scotland

and thus is now statute barred

 

 

under the Scottish SB rules the debt is now 'totally extinguished'

 

 

gone dead parrott

 

 

and they cannot even chase it.

 

 

it does not exist

 

 

dx

[flappymoog]

Thanks Dx I will do that, I can't wait for it to drop off my credit file in November...

 

I noticed that some creditors changed the default to show my English address is that allowed?

 

Cheers

[dx100uk]

matters not

 

 

dx

[flappymoog]

Thanks for help - I will be making a donation when I get paid on Tuesday

[flappymoog]

Hi Dx,

 

I had this come through earlier before I contacted the forum:

 

Received:

As you are living in England the English limitations period would apply. Most debts become statute barred if there has been a full 6 years since you defaulted on the debt and you have not made a payment towards it (anyone else liable for the debt must also not have paid it), you have not acknowledged the debt in writing and a county court judgment (CCJ) has not been made against you.

 

This information was from the Gov Debt helpline.

 

Thanks,

Flappy

[SabreSheep]

I could be completely wrong.

 

But you were resident in Scotland when the contract was made, surely that means the contract is bound by the laws of Scotland and not England and Wales.

Not aware (but could be wrong) that jurisdiction can move unilaterally on a contract.

 

Which if so, would make it 5 years to SB Which it appears the DCA have interpenetrated.

 

Im as ever always willing to learn I am mistaken.

[flappymoog]

Yeah - i am unsure because lowell still chase me on other debts that was take out in Scotland around the same period.

[slick132]

Hi Flappy,

 

I am also unsure whether the SB date is 5 or 6 years.

 

What may, however, be relevant is the date you last paid toward the a/c, or you last acknowledged owing on the account. THIS is more relevant to the SB date, tan the Default date shown on CRA files.

 

Do you happen to know when you last paid ?

 

Lowells have already said they can't take recovery action so I would ignore them for now.

 

[flappymoog]

Hi Slick,

 

I don't know when it was last paid, I thought best to not ask for a SAR and as Dx say's get into exchanging letters and making the account live, also I don't want them looking deeper into the other accounts they have of me, they may think I know what I am doing and take action if they can on them before the SB period.

 

Cheers,

Flappy

[slick132]

Hi Flappy,

 

Yes, stay quiet for now but let us now of any developments.

 

[dx100uk]

it IS the where you signed the agreement.