Lowell and 6yr+ debt

[Debtfreewannabe]

Hi all I'm new to this forum and you have all probably been asked this question many times again.

I have debts which amount to around the £3000 mark but have not paid any money off them since early 2006. I have not acknowledged them or anything although I have received letters over the years from lowell, then red then back to Lowell etc

This past few weeks I have started to receive letters from them again demanding money but I thought it would be statut barred by now. I have checked my credit file with experience and equifax and I cannot see any debt on there.

Is there a specific place to look for debt on my credit file?

What should I do with Lowell now of it is passed the 6 years

Thanks all for your help and replies

[Kafka]

Re: Lowell and 6yr+ debt

It's SB. Tell them to bog off

[FlamingParrot]

Re: Lowell and 6yr+ debt

Hi and welcome to LB!

If you haven't acknowledged and/or paid since 2006, they should be SBd since last year, and should also have dropped off your credit files. There is no specific place to look for older debts because that's the whole idea: they just drop off after 6 years so they no longer have an impact on your ability to obtain credit.

AS for Lowell, you could send them a letter informing them of the fact the debt is SBd and, as per OFT guidelines, once they've been informed of that fact, they should make no further contact.

Dear Sirs
Statute Barred Account xyz
You have contacted me regarding the account above, which you claim is owed by myself. I would point out that 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".

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period". The last acknowledgement to this debt was made over six years ago and no further acknowledgement or payment has been made since that time. I suggest that you are no longer able to take any action against me to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment". I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to your reply.

[Debtfreewannabe]

Re: Lowell and 6yr+ debt

Thanks for the quick replies

Ill have to do the letter thing as I don't want them sending me letters forever! I know it's nice to keep my postman busy but this is one thing I can do without having

Is it defiantly statue barred if they are not showing on my credit file?

[FlamingParrot]

Re: Lowell and 6yr+ debt

Thanks for the quick replies

Ill have to do the letter thing as I don't want them sending me letters forever! I know it's nice to keep my postman busy but this is one thing I can do without having

Is it defiantly statue barred if they are not showing on my credit file?

This is a common misconception, because both are 6 years (in England, in Scotland SB is just 5 years) but they are not necessarily one and the same. The default drops off 6 years after it was recorded, which is usually 3 to 6 months after the first missed contractual payment.

SB starts from the last payment or written acknowledgment. This could be years after the default was recorded, if you were making reduced or token payments.

If you send them the letter above if would be up to them to prove the debt is not SBd by showing proof of payments being made after 2006, something they're not likely to be able to do.

[Debtfreewannabe]

Re: Lowell and 6yr+ debt

I defiantly haven't paid anything since 2006 and if I did speak to the original debtor it would have Been by telephone and not letter and that would have been in 2006

[labman]

Re: Lowell and 6yr+ debt

It is 6 years from 'the cause of action.' The attached explains things well.