• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Statute barred query

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Statute barred query

    I have an old debt I last made payment 31.1.2019 therefore my understanding is that it is statute barred. However, later in 2019 Lowell bought the debt and my credit file shows default November 2019 and it’s still showing on my credit file.
    Lowell have been sending general letters chasing all
    of which I have ignored. I have never spoken to them about the debt and most definitely not in writing.
    they have recently changed the tone of their letters saying they are considering further action.

    So my question, can they take me to court/ and if they do am I right thinking I can fully defend myself?

    Tags: None

  • #2
    Originally posted by Tmum21 View Post
    I have an old debt I last made payment 31.1.2019 therefore my understanding is that it is statute barred. However, later in 2019 Lowell bought the debt and my credit file shows default November 2019 and it’s still showing on my credit file.
    Lowell have been sending general letters chasing all
    of which I have ignored. I have never spoken to them about the debt and most definitely not in writing.
    they have recently changed the tone of their letters saying they are considering further action.

    So my question, can they take me to court/ and if they do am I right thinking I can fully defend myself?
    a) I have an old debt I last made payment 31.1.2019 therefore my understanding is that it is statute barred. However, later in 2019 Lowell bought the debt and my credit file shows default November 2019 and it’s still showing on my credit file.

    You would have Terms and Conditions, normally the creditor would Default the account after 3 missed payments, ask you to rectify the account, failing that they would Default the account. It could be that the Creditor Defaulted the account, but it was Defaulted again by Lowell's after they bought the account. Two Defaults shouldn't happen, but they do.

    Send the original Creditor a Subject Access Request. They have 30 days to provide the requested information. Make sure you get Proof of Postage.

    https://legalbeagles.info/library/gu...ccess-request/


    b) Lowell have been sending general letters chasing all of which I have ignored. I have never spoken to them about the debt and most definitely not in writing.
    they have recently changed the tone of their letters saying they are considering further action.

    Most letters sent by DCA's say that, I doubt that they carry out what they say in all cases, they would need compliant documentation to do so. The most important letter is a Letter Before Action, everything else is 'hotair'.

    c) So my question, can they take me to court/ and if they do am I right thinking I can fully defend myself?

    You will have more information after you receive the requested documentation to make that decision.

    Comment

    View our Terms and Conditions

    LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

    If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


    If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
    Working...
    X