Statute Barred Debt (Lowell)

GothicStirling · 24 November 2017 at 10:00PM

Back in my university days I got myself into a bad situation money-wise, and ended up to my neck in debt. One of them being 1k being owed to Provident, which has now been passed to Lowell.

Now, Lowell have sent me letters, but I have never responded, and their solicitors saying I have 10 days to respond (I don't, received the letter yesterday, they say if I don,t contact by 27th they start court proceedings). I can't remember exactly when the last payment was made, but it was definitely before 1st Nov 2011 (when I moved out of student let). I haven't made contact since. Is it still statute barred if they have been sending me letters?

Not that I don't intend on paying off the debt. It's just that I have two CCJs I want to clear this year, then make a F&F to Lowell. I'm living with my Mam because I don't think anyone would rent me a flat with the CCJs.

Advice?

fatbelly · 25 November 2017 at 12:09AM

Yes if there is a clear six years when you have not acknowledged the debt by payment or in writing then you have a statute barred defence.

Their letters have no bearing on the matter.

Lowell don't always act on their threats but if they do start a court claim then post again for help to defend it. There should be no need to pay this one.

They should be sending a formal pre-action letter along these lines

https://debtcamel.co.uk/letter-before-claim-ccj/

As debt camel explains, you tick box c for more information and ask for a full Statement of Account and the written agreement for the debt

Box I asks what information you need. You need:

A copy of the consumer credit agreement for the alleged debt; A full statement of account, including details of interest, charges, payments made toward the debt; a calculation of the interest claimed; the annual or daily rate of interest; a copy of the notice of assignment of the debt.

GothicStirling · 25 November 2017 at 8:46AM

Thanks for the reply. No, they haven't sent any letter like that. I will download the StepChange statute barred letter, and send that. Thanks again.

fatbelly · 25 November 2017 at 9:05AM

From 1st October it's a requirement that they do send that letter before court action, and they know it. So they may not be serious.

I would have advised you to send a statute barred letter (I wouldn't have recommended the stepchange one) if I had thought it the best thing for you to do.

Your dates are very tight on the six years. For now I would not acknowledge the debt. If you must send something, send a prove-it

http://forums.moneysavingexpert.com/showthread.php?t=2607247

or just wait for the pre-action letter.