Have I acknowledged a statute barred default

[mrneedshelp]

I received a letter from Lowell for an old credit card debt sayong they have purchased it. I have immediately gone to the Lowell website and setup a payment plan.

The old credit card debt has been closed on my credit file now. So is this now statute barred or have I messed up by setting up a payment plan?

Thanks

[atticus]

When did the claim become statute barred? Was this before or after your recent response?

[mrneedshelp]

I'm not sure really. Lowell said they have purchased the debt from the credit card company. The account with the credit card company says it has now closed on my credit file but it show the default date as 2019.

[R0b]

Whether or not the debt is time barred depends on whether you've received a default notice from the original creditor or any subsequent purchaser and what date that was - in most cases, time on the clock starts to run 14 days after the date of that default notice and only then can you calculate 6 years from that date. If you don't have that information then you need to make a subject access request to the original creditor and Lowell for all information they hold about you to confirm if a default notice was issued.

If the debt is barred, you can rely on section 29(7) of the Limitation Act 1980 which says that once a claim is time barred, it cannot be revived by an acknowledgement or part payment. In other words, the limitation period can only be extended where time has not expired.

[mrneedshelp]

I had a default letter from the credit card company years ago but no longer have this. Is it worth me sending a letter stating that the debt is barred? Or should I call lowell and ask them is it's barred over the phone first?

[atticus]

Sending a letter might elicit a reply. If they do not agree with you, they may give reasons why.

[des8]

Subbject access request (as per shortcuts panel on right) to credit card company to obtain copy of default letter