Lowell Sending Letters After Default Has Expired

[catpuccino]

I received a default on my O2 account a number of years ago. The default has since come off my credit file and yet I am still receiving letters from Lowell asking for the amount to be paid. The debt was signed over to them probably 5 or more years ago

I rang them this afternoon and was told that the default expires on 13th February 2014. It is no longer on my credit file so I can't check this. I was asked what I intended to do about the debt and I said I was refusing to pay it.

The girl said I would continue to receive phonecalls and letters relating to the debt after the 13th of February. Can they still pursue me for this after the default has expired? Also, can they put a default on my file?

I now have a pretty good credit file but Lowell are bothering me with this and I would like to put it all behind me. Any advice, much appreciated.

[teaboy2]

Re: Lowell Sending Letters After Default Has Expired

Its not on your file, because its already expired - Normally they remain on file for a month or 2 before dropping off after they have expired. I wouldn't take anything the dust collectors say, after all its there job to get your money, so they will lie just to achieve that.

You will find your debt is actually now statute barred (not legally enforceable anymore) - So send them a letter stating that the default dropped of your credit file after the 6 year period expired and as no payment or acknowledgement of the debt has been made within the last 6 years the debt is statue barred. If the insist on making further phone calls or send further written commincations demanding payment, you will deem it harassment under the protection from harassment act 1997.

[Inca]

Re: Lowell Sending Letters After Default Has Expired

You will find your debt is actually now statute barred NOT YET IT ISN'T

A question for the Beagles........as OP rang the Lowlifes and 'refused to pay' the debt...does the 'refusal' start the SB clock ticking again?
I ask because I know we should never 'acknowledge' debts but is a 'refusal' classed as such?

[ODC]

Re: Lowell Sending Letters After Default Has Expired

The OP could have been refusing to pay a debt because he didn't believe it existed or he thought it was Statute Barred. However surely this is irrelevant as I thought the OP has to acknowledge the debt in writing

[Nibbler]

Re: Lowell Sending Letters After Default Has Expired

Yes, acknowledgement has to be in WRITING by the debtor or their appointed representative and be SIGNED by the person making it.

Phone calls do not count, ever. No matter what is said. Not even if they recorded the call.

[Nibbler]

Re: Lowell Sending Letters After Default Has Expired

Also defaults or other info on your credit file are almost never a good way of working out whether a debt is statute barred or not.

For example, a default may have been issued, but you could have continued to make payments or acknowledged after that occurred. So the fact that a default has dropped off cannot be assumed to be confirmation that a debt is statute barred.

Conversely, a creditor may legitimately or unduly delay the recording of a default on your credit files until well after the initial or last accrual of the cause of action. Meaning that an account still with a default record on your files could be SB some time before it drops off.

Safest way is to look at your own records if you still have them or can get them, and see the real payment and correspondence history on the account.

Even then, if you can't get that, or even if you can, it's usually a good idea to give a leeway of a month or two so that you can be as certain as you can that it is really SB.

[ODC]

Re: Lowell Sending Letters After Default Has Expired

Certainly NEVER believe the Leeds losers if they give you a date of a last payment as they have been known to invent fantasy payments allegedly

[CleverClogs]

Re: Lowell Sending Letters After Default Has Expired

The girl said I would continue to receive phone calls...

When she next calls, ask her what colour of underwear she has on.

Can they still pursue me for this after the default has expired?

Yes, even if the debt has remained unacknowledged for over six years; if the debt is time barred by section 5 of the Limitations Act 1980, that just means they'd be unable to get judgement against you should they sue and provided you defend the case properly.

Also, can they put a default on my file?

No.

[Inca]

Re: Lowell Sending Letters After Default Has Expired

Thanks folks,,,that completely answered my question

[catpuccino]

Re: Lowell Sending Letters After Default Has Expired

Thanks for all the knowledgable replies! I phoned credit expert about it and they also said they can't put a default on but may be able to put a CCJ against me. Surely this would also be statute barred?

I have a legal background so am happy to write them a letter or two. The reason I didn't pay was that O2 signed me up for an upgrade that I soon changed my mind about but was unable to cancel. I certainly never acknowledged anything in writing though so maybe that puts me in a better position. Perhaps my best option is to offer them a payment in final settlement? Or am I still able to ignore them? Obviously all contact will be after the default has expired, just to be safe.

[CleverClogs]

Re: Lowell Sending Letters After Default Has Expired

Thanks for all the knowledgable replies! I phoned credit expert about it and they also said they can't put a default on but may be able to put a CCJ against me. Surely this would also be statute barred?

In your case, the six year limitation period is given by Article 4 (link) of the The Limitation (Northern Ireland) Order 1989.

Unless you had made a payment towards it (link) or acknowledged it in writing (and bearing your signature - link1, link2) within the limitation period, it would be a complete defence to state that the alleged debt was time barred.