Court claim . Lowell .

[Podkin92]

i did not keep up with original payments from 2004 and defaulted then huge amount of intetest and charges wete added and so by 2011 the £80 had risen to overv£1000
My last token payment was on December 12th 2012 and !owell took over on 20th December .
No court action until now .
I have not received breakdown of what was paid and charges etc despite rrquesting this .

[MIKE770]

mediation to-day if not heard or spoken or acknowledged then it is Statute Barred and they hop you do not knbow it!

What is the time limit for collecting debt?

The Limitation Act 1980 sets out the rules on how long a creditor (who you owe money to) has to take certain action against you to recover a debt. The time limits do not apply to all types of recovery action. Also, the time limits are different depending on the type of debt that you have.

This fact sheet outlines when you can use the Limitation Act. Limitation periods for debts are important because if the creditor has run out of time, you may not have to pay the debt back.

[MIKE770]

im.
Under the Limitation Act 1980 Section 5:
“An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”
Also, the Financial Conduct Authority's Consumer Credit sourcebook states the following.
"...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
"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
Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, you are no longer able to take any court action against me to recover the amount you allege I owe.
Please confirm in writing that you will not make any further contact about the above claim

[Podkin92]

[MIKE770]

use that as at mediation statute barred under limitation act, it would be up to lowells to prove different i.e. prove you made payment or admitted debt before 6 year england/wales or 5 years scotland

[Podkin92]

[MIKE770]

time of mediation??

[Podkin92]

Any time from 1.30

[MIKE770]

so when they call point out the limitation act and that as no acknowledgement since say 2012 or last when? limitation is absolute! pity you left this to last minute to get back here. never mind hope what you say is 100% as time to mediation is near - good luck do not admit any debt if asked , it is only a person on phone in the middle and you one end and lowells office jockey on the other who might try it on! stick to your guns

[Jellard86]

What happened with this one? I have a Directions Questionnaire that I am to fill and get back to the courts by Nov 26th

[MIKE770]

What happened with this one? I have a Directions Questionnaire that I am to fill and get back to the courts by Nov 26th

have you your own thread with details??

[MIKE770]

how did you get on??

[Podkin92]

So I had my mediation last week . Thankfully a nice lady !
i explained about the age of debt , original amount for being only around £80 ( rising through interest and charges to £1000) and the fact the original documentation hadn’t been sent to see the original amount plus charges !
Plus of course the the fact this should be Statue Barred .

Anyway despite the fact that all the correspondence I have had from Lowell including the court claim saying this it is relation to the agreement with JD Williams in 2004 and assigned to Lowell in 2012 and Lowell asking for balance to be paid , NO further dates have been mentioned in correspondence since the letter of recovery in July and court claim in August.

However on the mediation discussion the year 2019 was brought up by the Lowell solicitors and the fact that I defaulted on £1 token payments at that time .
There has no correspondence in regard to this date and I don’t remember taking this payment plan out and can’t find any letters in relation to taking this payment plan out or defaulting .

Unfortunately I have three £1 token payment standing orders atm for Lowell and they don’t correspond to that account and I have also checked back several years and there is no additional account that has come and gone .

Tbh I don’t keep all correspondence from this company but again finding nothing in relation to the year 2019 !

If though I did take another payment plan out with Lowell in the last six years of course all my defence is worthless .
I was extremely shocked when this date came up and it knocked me for six as there has been no mention of anything after 2011 .

When I mentioned the unfair amount at mediation , the answer from Lowell was hat I should never have agreed to a payment plan in the first place if I disagreed with the amount !
In those days I felt threatened and not able to fight the ridiculous amount !

Obviously the mediation didn’t continue !

So I don’t know what happens now and what to do !

I presume it will go to court .
However Lowell haven’t been clear about dates and the supposed default it 2019 .
I still haven’t seen a copy of the original agreement .

Should I write to Lowell and request this again and ask for details of default in 2019 .
If I have defaulted obviously I am in the wrong and I presume at this stage I cannot stop the court case without paying them a huge some of money !

i guess the mistake is allowing this original amount to accumulate . If it had been money borrowed I would accept that I have to pay it back !

Thanks for reading and any advise appreciated .

[ostell]

It's not unknown for payments to appear that kill statute barred. So back on to them for all the details about the payments, amount when, which bank, which account number, which name