Lowell chasing me for a statute barred debt

[hairclips]

Good morning,

I have Lowell chasing an old CC debt that became statute barred end of May 2016.
The first letter said the usual, you owe £+++++, contact to arrange payment etc, I replied by letter stating I do not acknowledge the debt and it is statute barred.

The next Lowell letter stated that I made a payment on 28/05/2013 of £30.00. I do not recall every making this payment so I contacted my bank and requested statement for that month, and surprise surprise no cheque/debitcard/SO or DD payment made to Lowell, not even a cash withdrawal for £30 near the date!

So, I sent a letter back to them asking the to prove proof of payment and the method the payment was made. They have replied last week stating near enough the text from their previous letter, ie payment made in may 2013 therefore not statute barred, but NO information on method of payment etc. (I have not informed Lowell I have the statements)

I am in the middle of writing back stating again to provide proof of payment and method etc as their 14 day deadline is approaching, but thought This may not be then next step/letter I should be writing.

Please can someone advise me/point me in the right direction to the next step of dealing with Lowell...Many thanks

[Amethyst]

Re: Lowell chasing me for a statute barred debt

I think you are fine asking again for the evidence of payment but include this part in the letter too so they are clear that they should cease chasing you.

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.

FCA ref is https://www.handbook.fca.org.uk/handbook/CONC/7/15.html


Also, just to check, when did Lowell take over the debt ? No payments to the original creditor or other DCA on/around that date ? Presumably you originally defaulted the debt in May 2010?

[hairclips]

Re: Lowell chasing me for a statute barred debt

Also, just to check, when did Lowell take over the debt ? No payments to the original creditor or other DCA on/around that date ? Presumably you originally defaulted the debt in May 2010?

Thank you for your reply :tinysmile_grin_t:

I think Lowell took over the debt a few months before it became statute barred, I did not respond to them or acknowledge the debt, or made any payments.

The Lowell letter stated it was defaulted in May 2010, and it is no longer on my credit file.