Lowell/Red

[First_timer]

Re: Lowell/Red

I know it has been a while. I thought it was the docs when the wife said I had mail from them.

I thought I was ok while they are unable to answer my request. I wanted to keep the people who helped me informed as they asked

[First_timer]

Re: Lowell/Red

Ok they have finally got back to me with the information asking for payment within 14 days.

The last payment was taken 17 Aug 07 it seams. This would mean it is over the 6 years period. Should I send a letter making them aware of this ?

Thanks again

[Amethyst]

Re: Lowell/Red

Sounds like it could be stat barred yes. Also, they still haven't come up with your CCA have they ?

Is the Lowell letter a letter before action do you think?

[First_timer]

Re: Lowell/Red

Sorry yeah the CCA is present. That and my statements which is why i was thinking about getting it stat barred due to the time since the last payment.

[Amethyst]

Re: Lowell/Red

Okay, is the CCA complaint?

[First_timer]

Re: Lowell/Red

It looks ok... has my signature on it

[FlamingParrot]

Re: Lowell/Red

Sorry yeah the CCA is present. That and my statements which is why i was thinking about getting it stat barred due to the time since the last payment.

You don't have to do anything to get it statute barred, if the last payment or written acknowledgment was over 6 years ago, it would automatically be SBd. :thumb:

Ok they have finally got back to me with the information asking for payment within 14 days.
The last payment was taken 17 Aug 07 it seams. This would mean it is over the 6 years period.

:whoo: :high5:

Should I send a letter making them aware of this ?

I would... :grin:

Dear Sirs

Statute barred account xxxxx

You have contacted me with regards to the above account. The last payment to this debt was made over 6 years ago and no more acknowledgement or payment has been made since that time.

Unless you can provide evidence of payment or written acknowledgment from me within this period, under Section 5 of the Limitation Act 1980, you’ll no longer be able to take court action to recover the debt. Any court claim will be defended on this basis.

Section 7.15.8 of FCA Consumer Credit Sourcebook states: "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."

If you have evidence that this debt isn’t statute barred then please send it to me within 21 days. Otherwise, please confirm that you won’t pursue me for this debt.
Yours faithfully

[First_timer]

Re: Lowell/Red

Thank you

I will get the letter sent off this weekend and hopefully it will put a end to this.

[First_timer]

Re: Lowell/Red

Hello again,

I received a letter today saying

"We understand that you believe the account to be statue barred as per section 5 of the limitations act 1980.

We can advise you that this account does not qualify for the Statue Barred status as the account did not default until 30th November 2011. This is within six years and therefore the account is not statute barred"

I know i had no contact with them at all. The only thing i can think of that they mean is when the girl phoned me from them and said the company didn't default the account until that date. Surely if HFC takes 4 years to default that doesn't count. I mean in theory a company could never default and keep the account enforceable indefinitely.

Does anyone advice any advice please.

[Amethyst]

Re: Lowell/Red

It is of no consequence when HSBC decided to default the account (although you might want to argue they delayed unduly if it I reported on your credit file as 2011 when you stopped payments in 2007), the cause of action is the date when they could have recalled the debt under the agreement terms, usually two or three months after last payment.

[First_timer]

Re: Lowell/Red

Do you think a standard letter back to them explaining this will be enough to make them stop ?

[wales01man]

Re: Lowell/Red

Do you want to waste a stamp?

[First_timer]

Re: Lowell/Red

TBH i just want them to stop, i moved address a couple of months back and I'm having my mail redirected solely for this purpose as i don't want to give them my new address.

[wales01man]

Re: Lowell/Red

We have 32 letters here from red and their friends they stop when they want to .

others will advise but iys time to act if they threaten the court by issuing a CCJ claim which you can defend

[Amethyst]

Re: Lowell/Red

Was thinking something like this;




Dear Sir/Madam

Re: Account No/Your Ref:

No debt is acknowledged to your company yet you have contacted me regarding the above account.

As I am sure you are aware, under the Limitation Act 1980, s.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.”

It is irrelevant for the purposes of the act when the original creditor decided to put the account into default. The ''cause of action'' is the date that a creditor may take action to remedy any breach of contract. In the case of a Credit Card account this is usually within two to three months from the date of last payment. As far as I am aware the final payment on this account was made in August 2007 and I consider the ''cause of action'' accrued in/around October 2007. I have had no communication at all regarding any alleged debt until your company contacted me in April 2014 when I informed you of the time-barred status of the account.

No correspondence/payment/acknowledgement of this debt has been made within the last six years and accordingly unless you can provide evidence of payment or written contact from me in the relevant period under s.5 of the Limitation Act 1980, I suggest that you are no longer able to take any court action against me to recover any alleged amount claimed.

Furthermore, the FCA Consumer Credit Sourcebook (section 7.15) states that "Notwithstanding that a debt may be recoverable, 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." and that ''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.''

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 early reply.



Yours faithfully




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