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Barclaycard/Lowell financial

I have received some threatening letters from Lowell financial regarding a debt from barclays that first defaulted in february 2006. I have sent them a CCA letter and that have written back (later than 14 days) to say they have requested a CA from 'our client' barclaycard. They also state that I am 'Required' to repay the outstanding balance in full when I receive that CA..

Where do I stand now that they haven't sent the CCA?

I had this trouble before with a different DCA and they admitted the debt wasnt theirs and I never heard from them again - although I did receive a CCA from barclaycard... I'm not sure where it is now though.

What are the rules on how long a debt is enforcable for? On checkmyfile.com the Default symbols stopped in march this year - but still shows as default.

Comments

  • DarkConvict
    DarkConvict Posts: 6,347 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    checkmyfile uses out of date data, there are only 3 real credit agencies. And out of those only 2 are in main use. Get reports from experian and equilfax instead.

    As to the CCA. You are required to pay in full as even without a valid CCA you do owe the money. Basically without a CCA they just cannot get a CCJ/CO against you to secure the debt.
    But without a CCJ they in practice can't 'force' you to pay as they cannot use bailiffs, but what they can do is continue to trash your credit file and continue to ask for payment.

    A debt is enforceable for 6 years since last payment or written acknowledgement of the debt, so you still have along way to go before you can use the statute barred defence. But as statute barred debts should not be chased, only once it goes statute barred can you state i will not pay then they have to by law stop sending demands for payment.
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