Statute barred?

[FlamingParrot]

Re: Statute barred?

That's a sense of relief then! I've found letters dated from 08 to 09,10,12, Lowell brought the debt November 2010 but I'm sure I didn't pay a few years before that. I know Lowell also has other debts of mine so if this piticular one is SB, I'm thinking of offering a settlement fee for the lot as I think they're SB too. These debts have had a hold on my life far too long

Why would you want to offer a settlement for statute barred debts? The whole point of limitation is so people don't have to carry the burden of debt forever, if the creditor(s) didn't take action to recover the debts through the courts in six years, then they can no longer do that. Although technically the SBd debts still exists, they are not recoverable, therefore absolutely no point in settling them. :scared:

[Damondo84]

Re: Statute barred?

Why would you want to offer a settlement for statute barred debts? The whole point of limitation is so people don't have to carry the burden of debt forever, if the creditor(s) didn't take action to recover the debts through the courts in six years, then they can no longer do that. Although technically the SBd debts still exists, they are not recoverable, therefore absolutely no point in settling them. :scared:

They may have 3 or 4 others of mine and I don't want the stress of dealing with a different one every time they send me a letter giving me 14 days before they go through the court. I'm not 100% sure they're SB, if I was then I wouldn't worry. I just can't risk them going through the court and proving its not SB then myself receiving a ccj. im losing my job soon, me and my partner are expecting a baby and need a bigger property to rent and I couldn't do that with a ccj 😔

[FlamingParrot]

Re: Statute barred?

They may have 3 or 4 others of mine and I don't want the stress of dealing with a different one every time they send me a letter giving me 14 days before they go through the court. I'm not 100% sure they're SB, if I was then I wouldn't worry. I just can't risk them going through the court and proving its not SB then myself receiving a ccj. im losing my job soon, me and my partner are expecting a baby and need a bigger property to rent and I couldn't do that with a ccj 

Do bear in mind that any repayment offer would reset the clock, :scared: but only if they are not yet SBd. Once barred, they cannot be 'un-barred' in any way.

Getting a CCJ is a rather lengthy process, you'd receive a claim which you would have the opportunity to defend. The burden of proof in civil litigation is on the claimant, they'd have to PROVE the debts are not SBd, it wouldn't be up to you to show they are. *IF* it came to a point where they'd issued a claim and it didn't look like it would go in your favour, you could always settle it via a Tomlin order, which is something a lot of people on here have done if they have a claim they can't successfully defence. A Tomlin order stays proceedings as long as the debtor keeps to the terms, for the creditor it works like a judgment but it's not recorded anywhere, neither on your credit files nor on the public trustonline registry.

CCJs don't just appear by magic and there's always a 'PlanB', :thumb:

[Roland]

Re: Statute barred?

Yes I agree with FP, advise them that the debts are statute barred and they should cease collection action by all means.

I would think carefully before offering any settlement.

[Damondo84]

Re: Statute barred?

Thanks guys, I was just concerned about them taking me to court even if they know SB, I've read about many cases like this. Obviously if they have no eve since that it's not SB, then they should Halt any action. Just hope they do!
It's a bit of reliefe now I know about the tomlin order, sorry to ask so many questions, but, at what point can that be used in court and how does it work?
Is it like a plan b if all doesn't go well?
Many thanks guys 😀

[nemesis45]

Re: Statute barred?

Good morning Damond

Given the information in your PM I would suggest the following ( amend as necessary)

Andrew Bartle
Chief Operating Officer
The Lowell Group
Ellington House
9 Savannah Way
Leeds Valley Park
Leeds
LS10 1AH.


Date.............................

Ref: use theirs:

Dear Mr Bartle,

I refer to recent correspondence from Lowell regarding an alleged debt for £.....: .... allegedly arising from an account with........................:

Please note I do Not acknowledge and liability to Lowell for the Alleged debt for the following reason:

The alleged debt is statute barred under section 6 of the Limitations Act 1980, no payment or unequivocal written acknowledgment having been made to the alleged debt since the perceived cause of action being the issue of any Formal Demand for Payment In Full being made by the original creditor.

Should Lowell dispute the status of the alleged debt it is reminded that Lowell must provide unequivocal proof of the actions it claims may have affected the relevant 6 year period. Any unsubstantiated claims of one off payments will be robustly denied.
Lowell will confirm within 7 working days that it has closed the file on this matter.

Lowell is reminded also that if it continues to communicate regarding payment for this matter once it has received this communication such conduct may amount to harassment.

Your etc.

This letter is Not any admission of liability and does not affect the status of the debt regarding section 6 of LA 1980.


nem


Use signed for post check delivery date:

[FlamingParrot]

Re: Statute barred?

Thanks guys, I was just concerned about them taking me to court even if they know SB, I've read about many cases like this. Obviously if they have no eve since that it's not SB, then they should Halt any action. Just hope they do!
It's a bit of reliefe now I know about the tomlin order, sorry to ask so many questions, but, at what point can that be used in court and how does it work?
Is it like a plan b if all doesn't go well?
Many thanks guys 

That's exactly it, it would be used if they took you to court and it looked like your prospects of winning the case were not great. The Tomlin order would be used after you have filed a defence and the other side has responded saying they wish to continue and provided reasonable evidence that the debt is not SBd and could be enforceable in court. It would be used to stay the proceedings and agree to make affordable repayments (backed by your income and expenditure statement) so they get their money but there is no CCJ on record.

If your debts are SBd then you wouldn't need to take that route even if they took you to court, however, you say you are not 100% sure about all of them. This is probably not applicable to you at all at this stage but I just wanted you to know that there is, in fact, a PlanB even in the worst case scenario so you can stop worrying about a potential CCJ. :thumb:

[Damondo84]

Re: Statute barred?

That's exactly it, it would be used if they took you to court and it looked like your prospects of winning the case were not great. The Tomlin order would be used after you have filed a defence and the other side has responded saying they wish to continue and provided reasonable evidence that the debt is not SBd and could be enforceable in court. It would be used to stay the proceedings and agree to make affordable repayments (backed by your income and expenditure statement) so they get their money but there is no CCJ on record.

If your debts are SBd then you wouldn't need to take that route even if they took you to court, however, you say you are not 100% sure about all of them. This is probably not applicable to you at all at this stage but I just wanted you to know that there is, in fact, a PlanB even in the worst case scenario so you can stop worrying about a potential CCJ. :thumb:

Hi flamingparrot, that's really eased my worry so thanks for your advice 😀
I'll update later if I return home after work with a letter of reply, cheers

[nemesis45]

Re: Statute barred?

A consent order should only be considered IF there in absolutely no prospect
of defending, as if one fails even once to maintain the agreed payments the "creditor"
can file for summary judgement so one has also to be absolutely sure any agreed
payments are not only affordable now but must be affordable in at least the foreseeable
future other wise on can find a judgement being made some years later.

nem

[nemesis45]

Re: Statute barred?

Responding to your PM,

If there is PPI that was missold by all means reclaim as the debt has been sold on
in theory any refund should come to you to decide what to do with the money.

nem

[nemesis45]

Re: Statute barred?

Hi Damondo,

Responding to your PM,

You have heard nothing from BW et al since you sent the SB letter nearly a month ago, no county court claim pack issued either.

Lowell/BW have been known just to leave matters hanging like this when told a debt is SB laziness or just to leave their options open who knows?
I agree they may be looking for one of their " mystery" one off payments being made at a time when it may be difficult for you to refute it, but they are usually fairly fast at doing so.
Just keep a careful watch on your post, and come back here if anything turns up.

nem

[FlamingParrot]

Re: Statute barred?

Hi flamingparrot, that's really eased my worry so thanks for your advice 
I'll update later if I return home after work with a letter of reply, cheers

It would be good if you could keep us all informed of any new developments (or lack of), preferably by posting on this thread. :typing:

[Damondo84]

Re: Statute barred?

I will certainly keep this thread updated 😊 everyday I'm searching the post for something, but still waiting 😃