Statute barred?

[Damondo84]

Hi all, I'm hoping somebody can help me! Long story short, from 18 years old to 20, I got myself in heavy debt. Credit cards, store cards, car loan. While paying it all off, I lost my job, buried my head in the sand and deeply regret it, it's brought on depression followed by bad anxiety.

Recently I received a letter from BW LEGAL representing Lowell, giving me 14 days to respond or pay a debt of 3100 otherwise they'll file for ccj. After doing some research, I realised that any default I had on this loan has now dropped off my credit file, in fact the credit file is in the green. I also paid to check if any ccj's were enforced on any of my debts which also came back as nothing on my current and previous address. So now they need to prove that I have made a payment or written aknowelgment in the last 6 years, am I right? Does this sound like I'm in a good position to defend sb if it goes to court?
I sent them a template letter today stating its sb and I have no intentions to pay them, I'm anxiously waiting a response now.
I'm prepared for them to take me to court, as I've read a lot about BW LEGAL and LOWELL do not play by the book.

Thanks in advance for any advice

[Kati]

Re: Statute barred?

SB'd = no payments or written acknowledgement in 6yre (5 in Scotland) After that a debt is seen as unenforceable in court. If this is true for you then I'd say you're safe with a SB defence if it goes that far

A 'prove it' letter might just head them off at the pass tho'

[Damondo84]

Re: Statute barred?

Forgot to mention, im sure it's well over 6 years since I made a payment. I'm just dreading them replying with evidence that a made a payment or wrote my aknowelgment. I also sent the sb letter recorded delivery.

[Kati]

Re: Statute barred?

It would be up to them to prove you'd made a payment/acknowledged the debt eithin the last 6yrs (not you to prove you haven't ) and SB'd is fairly easy to defend if it comes to it ... we've got lots of Beagles who could help :nod:

[Damondo84]

Re: Statute barred?

Thanks guys for your quick replies 😊 I've been panicking like crazy! I've got a clean report and can't afford a ccj on it! I think it's because I've been reading up on it too much, especially about BW legal and Lowell!

[Kati]

Re: Statute barred?

Thanks guys for your quick replies  I've been panicking like crazy! I've got a clean report and can't afford a ccj on it! I think it's because I've been reading up on it too much, especially about BW legal and Lowell!

No worries come here any time!! We've got a lot of knowledgeable members who'll be more than happy to help/advise xx

[Damondo84]

Re: Statute barred?

Thank you Kati, I'm sure I'll be back for some advise when I've received there response. I'll keep this thread updated x

[nemesis45]

Re: Statute barred?

Hi all, I'm hoping somebody can help me! Long story short, from 18 years old to 20, I got myself in heavy debt. Credit cards, store cards, car loan. While paying it all off, I lost my job, buried my head in the sand and deeply regret it, it's brought on depression followed by bad anxiety.

Recently I received a letter from BW LEGAL representing Lowell, giving me 14 days to respond or pay a debt of 3100 otherwise they'll file for ccj. After doing some research, I realised that any default I had on this loan has now dropped off my credit file, in fact the credit file is in the green. I also paid to check if any ccj's were enforced on any of my debts which also came back as nothing on my current and previous address. So now they need to prove that I have made a payment or written aknowelgment in the last 6 years, am I right? Does this sound like I'm in a good position to defend sb if it goes to court?
I sent them a template letter today stating its sb and I have no intentions to pay them, I'm anxiously waiting a response now.
I'm prepared for them to take me to court, as I've read a lot about BW LEGAL and LOWELL do not play by the book.

Thanks in advance for any advice

Hi,

Lowell cannot just " file for a CCJ, civil law has strict procedures.
To clarify Statute Barred ( Credit Card) in England and Wales = 6
clear years no payments or written acknowledgment of the debt.
SB 6 year period for a CC starts when a contractual payment was
due and not made after which no further payment or written acknowledgment
was ever made.

Send Lowell a CCA request for a copy of the agreement relevant to the alleged debt
A £1 statutory fee is payable use a cheque or postal order endorsed For Statutory Fee Only"
Lowell has 12 + 2 days to comply.

I can draft a letter that admits no liability but can potentially kill this off now.
Just let me now if you want this.

nem

[Damondo84]

Re: Statute barred?

Hi nem, sorry about the late reply!
That would be great if you could, thank you 😃
They gave me until 28th of June to respond, so I sent them an SB letter and they signed for it yesterday as I've just checked online, am about to print it off.
Should I wait for there response before I request a CCA from Lowell?

I sent the SB letter to BE Legal.

[nemesis45]

Re: Statute barred?

Hi,

Lowell cannot just " file for a CCJ, civil law has strict procedures.
To clarify Statute Barred ( Credit Card) in England and Wales = 6
clear years no payments or written acknowledgment of the debt.
SB 6 year period for a CC starts when a contractual payment was
due and not made after which no further payment or written acknowledgment
was ever made.

Send Lowell a CCA request for a copy of the agreement relevant to the alleged debt
A £1 statutory fee is payable use a cheque or postal order endorsed For Statutory Fee Only"
Lowell has 12 + 2 days to comply.

I can draft a letter that admits no liability but can potentially kill this off now.
Just let me now if you want this.

nem

Good morning,

Just seen this, and will draft the letter a little later for you.

nem

[Damondo84]

Re: Statute barred?

Morning nem, and thanks 😃

[Damondo84]

Re: Statute barred?

Also forgot to mention, I think I took this loan out roughly 10 years ago, maybe 2005. I paid roughly 2000 off over the first 1 1/2 years and can't recall making a payment since. Although there's a payment I made to somebody by cheque but I do not remember to which DCA. Black horse sold it on to Lowell in November 2010 as I've just found on an old letter

[nemesis45]

Re: Statute barred?

Also forgot to mention, I think I took this loan out roughly 10 years ago, maybe 2005. I paid roughly 2000 off over the first 1 1/2 years and can't recall making a payment since. Although there's a payment I made to somebody by cheque but I do not remember to which DCA. Black horse sold it on to Lowell in November 2010 as I've just found on an old letter

Ok. When do you think that cheque was sent possibly around 2007?

nem

[jon1965]

Re: Statute barred?

Hi,


To clarify Statute Barred ( Credit Card) in England and Wales = 6
clear years no payments or written acknowledgment of the debt.
SB 6 year period for a CC starts when a contractual payment was
due and not made after which no further payment or written acknowledgment
was ever made.


nem

While that definition of SB is believed by some people most people I know suggest that it really all depends on the contract and it is not necessarily 6 years from the first missed contractual payment but 6 years from the point where the creditor could first demand payment in full and take legal action. In the case of Capital One I believe that point is 30 (or maybe 60) days after the first missed payment. PT goes further and suggests that it could even be the date of default i.e the date of remedy on a default notice.
Often of course payments are made long after DN's have been issued in which case 6 years from the last payment would be a fair time

[Damondo84]

Re: Statute barred?

More possibly around late 2008 early 2009. I think this was for another debt, but can not be sure. I'm just waiting for there reply now, wether they have any evidence or not. It's this one payment to which DCA I do not know, that had put doubt in my mind. Otherwise there hasn't been a payment for about 8 years