Lowell solicitors - statue barred debt

[Katihhgr]

Hi I have a old debt that I believe to be statue barred the last payment was made 21 November 2010.

But Lowell are telling me that because the default was placed on my account on the 25 June 2011 that is when the limitations period would begin they are threating me with now court action.

I've looked over the Internet and I cannot find a definitive answer, is it from missed payments or a few missed payments or is it from when they entered a default.

They haven't sent me anything to suggest it isn't sb they just keep saying the date the account was defaulted is when it would start.

I keep getting lost of mixed answers can anyone help?

Also I got a letter today saying a default notice was issued on 25/06/11 is there a difference between that and an account actually defaulting? Sorry if that's makes me sound stupid 😑

[pt2537]

Re: Lowell solicitors - statue barred debt

Hi I have a old debt that I believe to be statue barred the last payment was made 21 November 2010.

But Lowell are telling me that because the default was placed on my account on the 25 June 2011 that is when the limitations period would begin they are threating me with now court action.

I've looked over the Internet and I cannot find a definitive answer, is it from missed payments or a few missed payments or is it from when they entered a default.

They haven't sent me anything to suggest it isn't sb they just keep saying the date the account was defaulted is when it would start.

I keep getting lost of mixed answers can anyone help?

Also I got a letter today saying a default notice was issued on 25/06/11 is there a difference between that and an account actually defaulting? Sorry if that's makes me sound stupid 

Hi there

The question of limitation is not always straightforward to answer.There are a number of factors, such as, does the contract provide a right to call in the debt on the first missed payment, some credit agreements have such a clause for example. It may also be arguable that the fact the creditor waited to serve a default notice could give rise to the equitable defence of Laches, which is designed to stop stale claims being pursued.

Another point to consider of course is whether or not the claimant is relying on the date the default was placed on your credit file, this clearly isnt an accurate register of when the breach of contract occurred or when a statutory default notice was served either.

Sadly there are so many arguments around limitation that there is no definitive one size fits all answer, instead you just need to look at the facts of the individual case and deal with it accordingly

[Katihhgr]

Re: Lowell solicitors - statue barred debt

I've sent them a statue barred letter they are holding their ground on this I can't remember receiving anything about the accounts being in default as it was so long ago. Should I just let them Persue court and defend on statue barred?

I'm not sure what else I can do the debt is nearly 7 years old.

Thanks for your help

[Diana M]

Re: Lowell solicitors - statue barred debt

I have a old debt that I believe to be statue barred the last payment was made 21 November 2010.

But Lowell are telling me that because the default was placed on my account on the 25 June 2011 that is when the limitations period would begin they are threating me with now court action.

I've looked over the Internet and I cannot find a definitive answer, is it from missed payments or a few missed payments or is it from when they entered a default.

They haven't sent me anything to suggest it isn't sb they just keep saying the date the account was defaulted is when it would start.

I keep getting lost of mixed answers can anyone help?

Also I got a letter today saying a default notice was issued on 25/06/11 is there a difference between that and an account actually defaulting?

You're not sounding stupid at all!

Since you say Lowells have threatened you with court action can you say whether you think you've received a Letter Before Action/Claim which may need a specific response if there's a deadline?

What was this account in the first place because that can have an impact of the Statute Barred argument?

Was it a credit card, a loan, a HP agreement, a bank overdraft, catalogue account or a mobile phone contract etc?

For example if it was a bank overdraft which stayed within its authorised limit but unused (no money paid in) then the 'remedy date' of the Final Demand calling in the OD may be relevant.

If it was a mobile phone contract where payments stopped during the minimum contract period that could have other implications.

And so on.

So what is Lowells chasing you for because if the debt is not SB it may have other flaws preventing it from being enforceable. It's best not to rely on one legal argument anyway.

Depending on your answer to my question you may benefit from sending a s. 77-79 CCA Request to Lowells to get them to think twice before issuing a court claim while they hunt for the original credit agreement (or a compliant reconstituted version of it).

Di

[Diana M]

Re: Lowell solicitors - statue barred debt

Should I just let them Persue court and defend on statue barred?

I'm not sure what else I can do the debt is nearly 7 years old.

Our posts have crossed (see my suggestion in post # 4)

Di

[warwick65]

Re: Lowell solicitors - statue barred debt

Just a thought
If Lowell are claimimg the default was Nov 2011 then i would expect it to be on your credit file

Have you checked- and also have you checked more than one company

I find clearscore very hard to read whereas Noddle is a doddle (pardon the pun)
Not all companies report to all credit files

As Di has said, it is important to know what the account was and if you have received a LBA

Another possible consideration is how did you word the SB letter

One final question
Did it say a Default notice was issued or a Notice of default?

[Katihhgr]

Re: Lowell solicitors - statue barred debt

Just a thought
If Lowell are claimimg the default was Nov 2011 then i would expect it to be on your credit file

Have you checked- and also have you checked more than one company

I find clearscore very hard to read whereas Noddle is a doddle (pardon the pun)
Not all companies report to all credit files

As Di has said, it is important to know what the account was and if you have received a LBA

Another possible consideration is how did you word the SB letter

One final question
Did it say a Default notice was issued or a Notice of default?

I checked via Experian and equifax.

I started with in regards to the account as named above I do not admit liability.

The original account was for o2 but like I said it was that long ago there's no documentation other than bank statements that I've held.

It says
"We are instructed that the default notice was served on June 2011, and so it would have taken action fourteen days later.

[Diana M]

Re: Lowell solicitors - statue barred debt

Lowell are telling me that because the default was placed on my account on the 25 June 2011 that is when the limitations period would begin they are threating me with now court action.

. . . they just keep saying the date the account was defaulted is when it would start.

. . . I got a letter today saying a default notice was issued on 25/06/11 is there a difference between that and an account actually defaulting?

From what you've said so far you may be tantalising close to SB next month.

Maybe my suggestion to send a s 77 -79 CCA Request to Lowells could be the curved ball you need to get to the SB finishing line while they faff about trying to comply.

Obviously a lot depends on what the debt is for but if you decide to send a CCA Request anyway, this forum has a template letter here > http://legalbeagles.info/forums/show...=7670#post7670

Got to be worth a try.

Di

[Katihhgr]

Re: Lowell solicitors - statue barred debt

You're not sounding stupid at all!

Since you say Lowells have threatened you with court action can you say whether you think you've received a Letter Before Action/Claim which may need a specific response if there's a deadline?

What was this account in the first place because that can have an impact of the Statute Barred argument?

Was it a credit card, a loan, a HP agreement, a bank overdraft, catalogue account or a mobile phone contract etc?

For example if it was a bank overdraft which stayed within its authorised limit but unused (no money paid in) then the 'remedy date' of the Final Demand calling in the OD may be relevant.

If it was a mobile phone contract where payments stopped during the minimum contract period that could have other implications.

And so on.

So what is Lowells chasing you for because if the debt is not SB it may have other flaws preventing it from being enforceable. It's best not to rely on one legal argument anyway.

Depending on your answer to my question you may benefit from sending a s. 77-79 CCA Request to Lowells to get them to think twice before issuing a court claim while they hunt for the original credit agreement (or a compliant reconstituted version of it).

Di

Hi it was originally o2 phone contract. So what kind of implications does this have I cannot look back on the contract as I've had 4 moves in the past 6 years.

[Diana M]

Re: Lowell solicitors - statue barred debt

The original account was for o2 but like I said it was that long ago there's no documentation other than bank statements that I've held.

It says
"We are instructed that the default notice was served on June 2011, and so it would have taken action fourteen days later.

Our posts have crossed again

So if this was an old mobile phone contract the CCA probably wouldn't have applied (it may do now if a handset is part of the deal).

Since they're focusing on the Default Notice I would write and ask them for a copy of it (the DN) and a few other things besides.

Di

[Katihhgr]

Re: Lowell solicitors - statue barred debt

Our posts have crossed again

So if this was an old mobile phone contract the CCA probably wouldn't have applied (it may do now if a handset is part of the deal).

Since they're focusing on the Default Notice I would write and ask them for a copy of it (the DN) and a few other things besides.

Di

Thanks Diana I'll send a request for my DN, I know it's not regulated by the cca but they did make reference to the cca in my latest letter.

It was "the date the cause of action accrues in matters which are regulated by the consumer credit act 1974 is the date on which the defualtnnotice is required by s87(1) of that the act takes effect, or the date of the last payment or acknowledgement of the debt whichever is late" can this be used in anyway?

[Diana M]

Re: Lowell solicitors - statue barred debt

it was originally o2 phone contract. So what kind of implications does this have I cannot look back on the contract

Did you stop paying within the minimum contract period?

Did you actively cancel the O2 contract after the minimum contract period had expired?

Was there a handset involved when you took out the contract?

If so did you return the handset if you cancelled the contract within the minimum term?

Di

[Katihhgr]

Re: Lowell solicitors - statue barred debt

I stopped paying when still in contract, also didn't return the handset as my ex smashed it (long story)
So I was still in contract with a phone. It was literally a new contract also as it was a upgrade

[Diana M]

Re: Lowell solicitors - statue barred debt

Thanks Diana I'll send a request for my DN, I know it's not regulated by the cca but they did make reference to the cca in my latest letter.

It was "the date the cause of action accrues in matters which are regulated by the consumer credit act 1974 is the date on which the defualt notice is required by s87(1) of that the act takes effect, or the date of the last payment or acknowledgement of the debt whichever is late" can this be used in anyway?

Maybe post or type up the latest letter you have received removing anything which could identify you.

Did this letter come from Lowell Portfolio or from Lowell Solicitors?

You know it was for an O2 account but have they said that?

Di

[Diana M]

Re: Lowell solicitors - statue barred debt

my ex smashed it (long story)

Been there done that

Di