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Statute Barred? I'm confused

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  • Statute Barred? I'm confused

    Hi all this is my first post sorry for the newness,

    I have just received a letter from a debt collection agency (Lowell portfolio) about a credit card,
    I know this is statute barred as it is from 2004 and no contact has been made and no payment has been made either,
    my question is I'm not sure how I go about it,

    How do I start the process of it?

    Any advice is really appreciated,

    Thanks in advance

    Shirley
    Last edited by Shirley Temple; 3rd January 2014, 12:45:PM. Reason: Added agency name

  • #2
    Re: Statute Barred? I'm confused

    Come on guys I'm a newbie n in need of abit of advice, should my first port of call be the citizens advice or just send the statute barred letter to Lowell. X

    Comment


    • #3
      Re: Statute Barred? I'm confused

      Ok on the face of it then it will probably be SB

      If you send the SB letter just make sure there is no acknowledgement of debt in it. It will then be up to Lowell to show that it isn't SB.

      So I take it the last activity on the card was in 2004?
      When was it defaulted?
      When was it sold to Lowell?

      Comment


      • #4
        Re: Statute Barred? I'm confused

        Oh sorry but also have you moved?
        It might be worth checking trustonline to make sure that there is no CCJ registered against you at a previous address

        Comment


        • #5
          Re: Statute Barred? I'm confused

          Whatever you send to Lowells make sure you use a computer generated signature and not your real signature.

          Comment


          • #6
            Re: Statute Barred? I'm confused

            Or get someone else to sign your name, or sign it with your "wrong" hand.

            This is to stop the monkeys at Bowells "getting creative" by scanning, cutting and pasting a signature into another document

            Comment


            • #7
              Re: Statute Barred? I'm confused

              Just a thought, have you ever sent a CCA request to either Lowells or the original creditor. I only suggest this as it is a way way of putting Lowells on the back foot and stopping any action.

              You could then send something like this

              Dear Sir
              You recently wrote to me regarding an account ref xxxxxx.
              I have no knowledge of any such account so could you please provide me with full details of what the account was for, who it was with, the last transaction date and any other pertinent information.
              I have reason to believe that any accounts I may have had in the past would now be statute barred under the limitations act 1980.

              Sign it with a fancy computer font

              Send it 2nd class with proof of posting or pay the extra and send royal mail signed for if money is not an issue (costs about £1.60) I always just use proof of posting except for really important letters such as CCA requests

              Comment


              • #8
                Re: Statute Barred? I'm confused

                If its definitely statute barred you could simply ignore the letter and do nothing.

                You might want to let them waste their money on postage etc!!

                QCK

                Comment


                • #9
                  Re: Statute Barred? I'm confused

                  As it stands the card was my husbands, we moved countries in April 2004 shortly after he got the card, ( he never used it after we moved), we came back into the country in April 2013 and we got this letter from them this week saying that they have brought the account from capital one, it doesn't say when they brought it, it doesn't even say how much is owing,
                  Nothing has been paid or written or acknowledged to them, I have not checked for a CCJ as I am unsure how to do this,
                  any help is great,
                  thanks

                  Comment


                  • #10
                    Re: Statute Barred? I'm confused

                    Originally posted by jon1965 View Post
                    Ok on the face of it then it will probably be SB

                    If you send the SB letter just make sure there is no acknowledgement of debt in it. It will then be up to Lowell to show that it isn't SB.

                    So I take it the last activity on the card was in 2004?
                    When was it defaulted?
                    When was it sold to Lowell?
                    Last activity was 2004,
                    dont know anything more as in defaulted or sold to Lowell it doesn't say on the letter x

                    Comment


                    • #11
                      Re: Statute Barred? I'm confused

                      Originally posted by Shirley Temple View Post
                      As it stands the card was my husbands, we moved countries in April 2004 shortly after he got the card, ( he never used it after we moved), we came back into the country in April 2013 and we got this letter from them this week saying that they have brought the account from capital one, it doesn't say when they brought it, it doesn't even say how much is owing,
                      It is probably SB - not that Bowells could care much about that.

                      I have not checked for a CCJ as I am unsure how to do this,
                      Registry Trust Online ---> link

                      Comment


                      • #12
                        Re: Statute Barred? I'm confused

                        Originally posted by CleverClogs View Post
                        It is probably SB - not that Bowells could care much about that.


                        Registry Trust Online ---> link
                        Ive just done a search with them and there is nothing showing up no CCJ's or anything,

                        does this mean I can send them one of the pre-written letters that I have got from the internet saying that it's statute barred?

                        Or should I just ignore the letter and see if they send anything else to us first, they don't sound like the kind of people to give up,

                        Or is there something else I need to do first?
                        should I sign it in my hand writing?
                        it sounds like to me that these people are quite underhand with things and I'm quite nervous about it x

                        Comment


                        • #13
                          Re: Statute Barred? I'm confused

                          draco dormiens nunquam titillandus!

                          Comment


                          • #14
                            Re: Statute Barred? I'm confused

                            Have a look at post 7

                            No need to get too complicated at this point

                            Comment


                            • #15
                              Re: Statute Barred? I'm confused

                              Originally posted by CleverClogs View Post
                              ?????????
                              im blonde lol x

                              Comment

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