Lizxmas and Lowells Statute Barred

[Tools]

Thread started for Lizxmas, welcome to the forum Liz, if you could continue your story here you will receive all the help you may need.

I keep getting mail from lowell financial chasing a debt that expired 17 days ago under the limitations act 1980. even today they are still saying they are passing it to their pre litigation/pre legal. Collection dept. I assume if they are daft enough to try for a ccj the court will tell them to ** off? How long can they keep pestering me, what should I do? I have complied with all the conditions pf the limitations act 1980.

[FlamingParrot]

Re: Lizxmas and Lowells Statute Barred

I keep getting mail from lowell financial chasing a debt that expired 17 days ago under the limitations act 1980. even today they are still saying they are passing it to their pre litigation/pre legal. Collection dept. I assume if they are daft enough to try for a ccj the court will tell them to ** off? How long can they keep pestering me, what should I do? I have complied with all the conditions pf the limitations act 1980.

No, the court won't tell them to ** off because the courts don't have any records of SBd debts. A claim can still be issued and it must be defended in order to avoid judgment. SBd is an absolute defence but a defence is still required if a claim is issued. For that reason, it's wise to inform the creditor that the debt is SBd and you are aware of this fact:

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