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    • Justice13075
    • By Justice13075 17th Jul 17, 10:51 PM
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    Justice13075
    Lowell Debt Collectors
    • #1
    • 17th Jul 17, 10:51 PM
    Lowell Debt Collectors 17th Jul 17 at 10:51 PM
    After having paid a couple of repayments on a loan in 2011, I defaulted and Lowell bought the debt in 2013. I have been out of the country for a couple of years and upon checking my Experian credit file found the default. I have had no communication with Lowell but I assume that when they bought the debt they would have tried to contact me but with no luck. Should I let it run another 18 months when it will be 6 years and statue barred or contact them and ask for proof of debt. I don't know if they will have the original loan agreements after all this time.
Page 1
    • Voyager2002
    • By Voyager2002 17th Jul 17, 10:57 PM
    • 11,476 Posts
    • 7,771 Thanks
    Voyager2002
    • #2
    • 17th Jul 17, 10:57 PM
    • #2
    • 17th Jul 17, 10:57 PM
    Why not just pay it?
    • Justice13075
    • By Justice13075 17th Jul 17, 11:01 PM
    • 902 Posts
    • 403 Thanks
    Justice13075
    • #3
    • 17th Jul 17, 11:01 PM
    • #3
    • 17th Jul 17, 11:01 PM
    I don't have the money it's over £3,500 maybe i can make an offer then pay in instalments?
    • sourcrates
    • By sourcrates 17th Jul 17, 11:18 PM
    • 11,159 Posts
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    sourcrates
    • #4
    • 17th Jul 17, 11:18 PM
    • #4
    • 17th Jul 17, 11:18 PM
    Loweell will accept almost any offer of payment you can afford.

    It can all be done from there website, no need to talk to anyone.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • Justice13075
    • By Justice13075 17th Jul 17, 11:25 PM
    • 902 Posts
    • 403 Thanks
    Justice13075
    • #5
    • 17th Jul 17, 11:25 PM
    • #5
    • 17th Jul 17, 11:25 PM
    What do you think they will accept on a £3,500 outstanding balance and would I be able to pay that monthly?
    • sourcrates
    • By sourcrates 17th Jul 17, 11:34 PM
    • 11,159 Posts
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    sourcrates
    • #6
    • 17th Jul 17, 11:34 PM
    • #6
    • 17th Jul 17, 11:34 PM
    What do you think they will accept on a £3,500 outstanding balance and would I be able to pay that monthly?
    Originally posted by Justice13075
    As I saiid, whatever you propose, they will most likely accept.

    As low as £10 on that kind of debt.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • fatbelly
    • By fatbelly 18th Jul 17, 6:34 AM
    • 10,936 Posts
    • 8,150 Thanks
    fatbelly
    • #7
    • 18th Jul 17, 6:34 AM
    • #7
    • 18th Jul 17, 6:34 AM
    After having paid a couple of repayments on a loan in 2011, I defaulted and Lowell bought the debt in 2013. I have been out of the country for a couple of years and upon checking my Experian credit file found the default. I have had no communication with Lowell but I assume that when they bought the debt they would have tried to contact me but with no luck. Should I let it run another 18 months when it will be 6 years and statue barred or contact them and ask for proof of debt. I don't know if they will have the original loan agreements after all this time.
    Originally posted by Justice13075
    There's something missing from your post. If you believe it will be statute barred in 18 months, then something must have happened 4.5 years ago. What was that?

    Your post otherwise reads like you stopped paying in (some month) 2011 and walked away from it. In that case it would be statute barred in (some month) 2017.

    In the meantime, they're not contacting you (though they may do now you have updated your credit files). Why poke it with a stick?
    • Justice13075
    • By Justice13075 18th Jul 17, 3:28 PM
    • 902 Posts
    • 403 Thanks
    Justice13075
    • #8
    • 18th Jul 17, 3:28 PM
    • #8
    • 18th Jul 17, 3:28 PM
    in 2013 Lowell bought the debt I thought that would start the 6 years again.
    • sourcrates
    • By sourcrates 18th Jul 17, 4:41 PM
    • 11,159 Posts
    • 10,830 Thanks
    sourcrates
    • #9
    • 18th Jul 17, 4:41 PM
    • #9
    • 18th Jul 17, 4:41 PM
    in 2013 Lowell bought the debt I thought that would start the 6 years again.
    Originally posted by Justice13075
    No, only a payment by you, or written acknowledgement by you, re-starts the Limitations period.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • Justice13075
    • By Justice13075 19th Jul 17, 11:48 AM
    • 902 Posts
    • 403 Thanks
    Justice13075
    Firstly I am doing this for my son who informs me that he cannot remember if he ever made any payments to the loan provider, if he did it would only have been 1 or 2. He took the loan out in Feb 2011. The debt has been bought by Lowell not exactly sure when but the default is dated January 2013. 2 years after he defaulted that seem a long time.
    • sourcrates
    • By sourcrates 19th Jul 17, 12:16 PM
    • 11,159 Posts
    • 10,830 Thanks
    sourcrates
    Firstly I am doing this for my son who informs me that he cannot remember if he ever made any payments to the loan provider, if he did it would only have been 1 or 2. He took the loan out in Feb 2011. The debt has been bought by Lowell not exactly sure when but the default is dated January 2013. 2 years after he defaulted that seem a long time.
    Originally posted by Justice13075
    The default date is irrelevant here.

    It's the cause of action date, the date of his last payment, or written acknowledgement, that is important here, that is the date the Limitations clock runs from, not the default date.

    They are two seperate things altogether.

    So chances are it became statute barred in April or may this year.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • Justice13075
    • By Justice13075 19th Jul 17, 12:39 PM
    • 902 Posts
    • 403 Thanks
    Justice13075
    He has sent for his £2 report should have more info on there, should it have been removed from the full report. He's looking at the free experian credit score which only gives a bit of info
    • fatbelly
    • By fatbelly 19th Jul 17, 7:20 PM
    • 10,936 Posts
    • 8,150 Thanks
    fatbelly
    He ideally needs to check his records.

    The CRA files rely on information given to them by lenders and debt buyers. It's likely to be inaccurate and tilted in their interests.

    Like another thread near this one, the longer this goes on, the more sure he can be that this is statute barred. It's a complete defence to any court claim
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