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Hi guys been sent over here by the admins at MSE hope you guys can help.
I historic debts with Lowell some I have managed to get wiped because of SB being in place.
I have five which the default date would suggest they should be barred however Lowell are putting the following argument
Accounts xxx xxx xxx xxx are not barred as suggested in your letter. this is because under the limitation act 1980 a debt is enforceable for six years from date of your last payment. Your past payments for these account are as follow
xx1 £5 - 25th Feb Direct Debit ( Rejected)
xx2 £5 - 25th Feb Direct Debit ( Rejected)
xx3 £5 - 25th Feb Direct Debit ( Rejected)
xx4 £5 - 25th Feb Direct Debit ( Rejected)
My argument be it right or wrong has to be is a failed payment classed as a payment thus resetting the time period to a new 6 year cycle.
I don't have records of when my last cleared payment would have been with Lowell due to poor record keeping along with changing of banks etc I'm assuming the onus is on them to prove when the last cleared payment was made and I am aware I may have to take this to court the debts mentioned are only around £600 in total however I have around £4,000 in debts that I aim to tackle over a 12/24 month period which are not barred
Do you think a offer of wipe the ones I'm contesting in return for a commitment to clear the ones that are still enforceable would be a good middle ground in light that I have made no attempt to offer/settle these debts for 3 years now ( the enforceable ones )
I historic debts with Lowell some I have managed to get wiped because of SB being in place.
I have five which the default date would suggest they should be barred however Lowell are putting the following argument
Accounts xxx xxx xxx xxx are not barred as suggested in your letter. this is because under the limitation act 1980 a debt is enforceable for six years from date of your last payment. Your past payments for these account are as follow
xx1 £5 - 25th Feb Direct Debit ( Rejected)
xx2 £5 - 25th Feb Direct Debit ( Rejected)
xx3 £5 - 25th Feb Direct Debit ( Rejected)
xx4 £5 - 25th Feb Direct Debit ( Rejected)
My argument be it right or wrong has to be is a failed payment classed as a payment thus resetting the time period to a new 6 year cycle.
I don't have records of when my last cleared payment would have been with Lowell due to poor record keeping along with changing of banks etc I'm assuming the onus is on them to prove when the last cleared payment was made and I am aware I may have to take this to court the debts mentioned are only around £600 in total however I have around £4,000 in debts that I aim to tackle over a 12/24 month period which are not barred
Do you think a offer of wipe the ones I'm contesting in return for a commitment to clear the ones that are still enforceable would be a good middle ground in light that I have made no attempt to offer/settle these debts for 3 years now ( the enforceable ones )
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