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Thank you for accepting me. I have a Court case with Lowell regarding a statute barred debt and would like advice and guidance
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I have received court papers from Lowell relating to a loan taken out in 2014. The last payment made by me was 20 Oct 2014 so I have filed a defence stating this is statute barred however Lowell have now written to me stating this is not statute barred. Can someone advise if it is or not?Comment
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' When debts are statute barred it means they're no longer enforceable, and the debtor is not required by law to pay the amount outstanding. The Limitation Act, 1980, places a time limit of six years on many outstanding unsecured debts, and 12 years on some mortgage arrears.Comment
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No payments made since then and I haven't admitted the debt. They have sent me a letter saying the following
"Please note that as this account was entered into by you on 7 July 2014 for a 36 month fixed sum loan the account the date of the cause of action was on 7 July 2017. Our client therefore had until 7 July 2023 to issue legal proceedings against you for the debt. As this was done on 4 January 2021 this was well within the limitation period and therefore is not statute barred."
My last payment was made in October 2014Comment
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Huh? Are they saying that the loan term sets the Limitation period?
Tagging pt2537 to test my sanity which is rapidly diminishing!
"Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012
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In the words of Edmund Blackadder, "Wibble"
Im as confused as everyone else it seems. It could be they are saying that the loan started in 14, expired in 17 and unless we sent a default notice terminating it then the loan doesnt expire til 17 so thats when the limitation clock starts. It would depend on whether tthey did send a default notice or not thenI work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.
If you need to contact me please email me on Pt@roachpittis.co.uk .
I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.
You can also follow my blog on consumer credit here.Comment
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Wibble
I guess the OP needs to ask them to produce a default notice to see whether the original creditor did something very odd indeed with regard to default.
Who is the Original Creditor?
"Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012)
I am proud to have co-founded LegalBeagles in 2007
If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page
If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. comComment
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Hi thank you everyone for your replies.
The original lender is Everyday loans.
I am writing to Lowell requesting a copy of any default notices and any other info they have on me.Comment
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