Been paying a statute barred debt

[mrneedshelp]

Hi,

I have a couple of payment plans setup with Lowell which I have been paying monthly payments towards for a good few months now.

The original debts have dropped off my credit report and Lowell have now readded the debts in their name. I think one or two which I have been making payments towards may have been statute barred but as I have made payments to Lowell does that reset the 6 year barred? or can i still send a statute barred letter?

[atticus]

A payment towards a debt resets the time back to the beginning. However, if time (or reset time) has expired, a payment made after expiry of the limitation period does not reset the clock.

Does that help?


(ETA: Haven't we covered this already for you? https://legalbeagles.info/forums/for...barred-default)

[mrneedshelp]

So if any payments are made after the debt became barred it would still count as being bared? and I could send a letter even though payments have been made?

If I have made payments to the debt and it was around 4 or 5 years old I have now reset this back to 6 years?

Sorry to sound so dumb but I'm just trying to get clarification!

[atticus]

So if any payments are made after the debt became barred it would still count as being bared? and I could send a letter even though payments have been made?

Yes

If I have made payments to the debt and it was around 4 or 5 years old I have now reset this back to 6 years?

Again yes

Sorry to sound so dumb but I'm just trying to get clarification!

No problem :-)

[EnglandPi]

A Statute barred debt remains a debt but it cannot be enforced through a Court. Once it's statute barred it remains so but that doesn't stop the creditor asking for payment or you paying it. If you stopped paying there is nothing the creditor can do other than ask.

[mrneedshelp]

Thanks guys... I sent a barred letter and now got this response from Lowell's saying...

Your account is not statute barred under the limitation act 1980. This is because a debt is enforceable for 6 years from the date of your last payment. Your last payment on the account was received on 24/9/22 for x.x amount.

What should I do now as I'm sure 6 years had already passed well before I made this payment?

[R0b]

Your account is not statute barred under the limitation act 1980. This is because a debt is enforceable for 6 years from the date of your last payment. Your last payment on the account was received on 24/9/22 for x.x amount.

That is true, to an extent.

Section 29(5) of the limitation act 1980 effectively "refreshes" the limitation period from the last date of acknowledgement or payment of the debt and thus becomes an action that can be enforced. However, this right only applies where the acknowledgement or payment was made within the limitation period. Section 29(7) makes that clear by saying that the limitation period can be refreshed multiple times, but once the limitation period expires, they can't revive the action.

If the limitation period expired before you started making the payments, then what Lowell's are saying is wrong. If this is a debt that's regulated by the Financial Conduct Authority then you can make a complaint to them as they shouldn't be harassing you for a debt that is statute barred. You can also tell them persistent demands would constitute harassment.

They might threaten and huff and puff that they will take you to court, and they may very well do but any claim they bring would be hopeless.