Statute barred debts and the Limitation Acts

justjust

Hi i have a Capital One debt that was sold many years ago to Lowell Portfolio they have me in court next week to say they have proof i made payment within 6 years. I have contested this and asked for proof the money came from my bank account as i do not beleive their printed statement is true. I have been to Natwest for copies of old statements but was told as my account was closed over 51/2 years ago they cannot even find me having an account there...
I have asked Lowell to provide a copy of the banking transaction from Capital One but they have said it is unlikely that they could get that as the length of time since Capital One sold the debt on. Is it reasonable for me to ask them to provide proper proof and not just some computer generated statement that could be wrong and will court see it that way also or would the court be satisfied with their self generated statement?

rizla_king

Ask here on how to approach that http://www.legalbeagles.info/forums/ If you are not careful a judge might believe Lowells version.

People get their fingers burnt thinking that a court will see things in a balanced way. Often they are biased to favour the collectors.

rosssanderson

Anyone know what the time perios is in Northern Ireland?

fermi

6 years for most.

http://www.legislation.gov.uk/nisi/1989/1339/contents/made

fermi

rizla_king wrote: »

Ask here on how to approach that http://www.legalbeagles.info/forums/ If you are not careful a judge might believe Lowells version.

People get their fingers burnt thinking that a court will see things in a balanced way. Often they are biased to favour the collectors.

Very true unfortunately.

justjust

rizla_king wrote: »

Ask here on how to approach that legalbeagles If you are not careful a judge might believe Lowells version.

People get their fingers burnt thinking that a court will see things in a balanced way. Often they are biased to favour the collectors.

Thank you for that, i really dont understand why Natwest cant find my old account details... i would have thought they would be kept somewhere forever.

rizla_king

Banks are lazy and don't keep what they should.
Might be an idea to ask on CAG as well.

fatbelly

justjust wrote: »

I have been to Natwest for copies of old statements but was told as my account was closed over 51/2 years ago they cannot even find me having an account there...

I wonder if you are being fobbed off.

Subject Access Request?

However, even if you get your statements, that may not work unless Lowells are specifically claiming it came from that account.

GazNicki

Sorry to jump in on this, but I have a few questions regarding Statute Barred debts.

Would the clock start from the date of default on an account, as outlined on a Credit Report? Is this a good way of indicating if a debt is to be Statute Barred?

I am trying to get a basic understanding of debts for now. I have access to one credit report online which updates annually, and this report shows debts and their default dates and their removal from file dates.

Is the debt removed from file 6yrs after default, or 6yrs after opening the account? If it is 6yrs after default, then this would be a good indicator if a debt is already SB or due to be SB. Am I correct?

rizla_king

Whats on your credit files has nothing to do with the statute barred date.