Credit card debt more than 6 years

ballyclover

Hi

sorry if this is the wrong place for this to be, i could not find a suitable thread.

Hope someone can advise anyway, my partner has just received a letter from lowell financial ltd, advising that they are to take legal action to recover a debt of around £400.00 owing to capital one.

My partner took the card out at a previous address and never informed them of the new address and basically stopped paying.They have now traced her to the current address. As it may have been around six years since her last payment i have some questions

i understand that if she hasnt been contacted in that time she may no longer owe the money?

How would she go about finding out the last payment made?

What type of letter should she write.

I know it was very silly of her not to inform them she had moved on, but at the time things in her life were not too good and was the least of her problems

I would apprecaite any help
thanks

fermi

ballyclover wrote: »

i understand that if she hasnt been contacted in that time she may no longer owe the money?

The money is still owed, but it may be "statute barred" which means it is legally unenforceable.

A debt will be "Statute Barred" if there has been no acknowledgement of the debt by you making a payment or in writing within the relevant limitation period.

If you are in England/Wales then the limitation period is 6 years and you should read:

Link: Factsheet | Liability for Debts and the Limitation Act (England/Wales)

If you are in Scotland then the limitation period is 5 years and you should read:

Link: Factsheet | Liability for debts & the Prescription & Limitation (Scotland) Act 1973

If you feel the debt is "Statute Barred", then there is a letter to write at the end of each factsheet.

If you think it might be Statute Barred, then just send the letter which puts the responsibility of proving it isn't on Lowells.

Lowells buy a lot of statute barred debts hoping that people don't realise they are unenforceable. :rolleyes:

ballyclover

okay, thank you