Statute Barred debts and what/when to send?

[spice-boy]

Thanks for the welcome and reply!

I may have worded it poorly.

Previously, Lowell have added their own account number to a purchased debt and then added it to my credit file as a new account and then subsequently defaulted it, I was just concerned that they may try it with this debt too.

[dx100uk]

nope they cant .

as for the other debt, a DCA cannot issue a default notice/default a debt,  as 99% of the time the original creditor terminates the agreement following it's sale as they'd already issued a default notice upon or before sale under the CCA.

 

dx

 

 

 

[spice-boy]

Thanks for your reply dx,

I agree that in some cases that may be true but I may be in the minority where Lowell were able to create a (actually, 2) credit file report under their name for a debt they’ve purchased and then defaulted it. 
 

The default date differs from the original creditor default date so it’s 100% Lowell’s own default date. 
 

Photo.pdf

[dx100uk]

and what are the debts?

a debt buyer cannot change the defaulted date already registered by the OC.

dx

 

 

[spice-boy]

Hi all, 

I’ve have 1 debt become over 6 years old from the date of default and another about to become 6 years old in 2 weeks (26th June). Both are with Lowell.

Presently I’m just getting the usual discount letters and alike, no letters of claim or solicitors letters. 
 

Am I correct in thinking that both debts will be Statute Barred on the 27th(with the first already being SB now?) If so, what letters should I send and when? Should I wait to send both letters on the 27th or should I send the first now? 
 

Just concerned it would trigger them to issue court proceedings on the remaining debt with just 2 weeks to go.

Thanks to anyone that helps. 

Edited June 11, 2023 by spice-boy

[dx100uk]

well they cant

as they have to abide by the pre action protocol and issue a letter of claim first

don't forget DN date is not necessarily the SB date, as payments or use after that date reset the clock.

 

[unclebulgaria67]

No, you don't send letters.  You do nothing. Wait for them to issue PAP letter advising that they would be issuing a claim, if they ever get around to this.

If you send letters at this stage, it prompts them to look at your debts more closely and then if they disagreed with your SB argument, they might then issue PAP letter.

What type of debts are these and approx values ? When did you last make any repayment or admit to owing the debts in writing.

Lowells buy large volumes of debts and they only issue court claims on a small percentage  of the debts.   

[dx100uk]

send our SB letter from the debt collection section of our library when and If you are 1000% confident they ARE SB'd.

 

dx

 

[spice-boy]

Sorry for the delay in replying, I have been dealing with life events.

The debts/defaults are from Shop Direct and are £300 and £340. I've not made a single payment nor engaged with Lowell about them in any way.

[dx100uk]

did you send the sb letters..

dx

[spice-boy]

Not yet, I wanted to wait until both debts had passed the 6 year mark before doing anything. I am actually tempted to fire off an SAR first, just to see what they have in total.

I sent an SAR to Lowell a few years ago and it resulted in then removing 4 accounts they had for me as they had no paperwork to back up the debts.

[dx100uk]

ok

let them sweat then.

dx

 

[Bazooka Boo]

I wouldn't send them anything.

Even when it passes the SB date, it just gives them an opportunity to engage with you and fabricate a phantom payment forcing you to panic and second guess yourself.

There is nothing they can do once it is SB, let it run.

[spice-boy]

A quick update on my Lowell accounts...

Both the potentially SB debts have dropped off from the letters, leaving only the debt from the CCJ back in 2003/4 or whenever it was.

 

Lowell debt gone.pdf

[Bazooka Boo]

Ah bless em, make sure you take them up on their generous offer and get that ''peace of mind'' they chirp on about.

 

[spice-boy]

They sound so nice about it, maybe I should call them and give them all my details to really get their version of Peace of Mind lol!

I think I'll wait until the "Discount" letters start flooding in and no doubt (based on their track record with me) they'll send through a 70-90% discount offer... Which if they do, I may consider.

 

Consider which bin to put it in

[dx100uk]

just to 1000% check ....

you've not moved from the address the debts were taken out at ?

 

[spice-boy]

Yes, twice… Why?

[dx100uk]

just type stop hitting quote.

 

then if you have not written to the debt owners you need to !!

it protects against a backdoor CCJ.

them nicking your address from your credit file is NOT you legally informing them of where you reside now in writing.

 

pers id be sending TWO separate statute barred letters.

even if it turns out not true it cant hurt you but most certainly WILL protect against backdoor ccj 's

surprised they not pulled that stunt already rather that sending silly threat-o-grams,  they were guaranteed of 2 default judgements here...lucky boy!!

dx

 

[spice-boy]

Oh, well that does muddy the water somewhat!

I know it's a simple letter but is there a template? As I am unsure how to word it to reference to me without quoting a reference number and potentially admitting to a debt by accident?

Also, would sending them an SAR do any damage to my current situation with the 2 debts vanishing from the letters?

[dx100uk]

read your thread eh?

an SB letter is not admittance.

 

 

dx

 

[spice-boy]

Sorry, I did mean letters for the address change to avoid a backdoor CCJ like you mentioned or would the SB letters do that as well?

[dx100uk]

well it would be from your current address wouldnt it...so..

dx

 

[spice-boy]

Fair point, wouldn't an SAR do the same in a broader context?

[dx100uk]

why?

you are not interested in data

thats immaterial if the debt is SB'd now. doesn't matter what they hold or do not or if/if not the agreement is enforceable etc etc. but that side of it is not something an SAR does. thats a CCa request.

 

dx