Statute barred, need advice please

Loobeyloop

Sorry need to bump

Law84_2

Hi,

I hope you don't mind me posting on this thread. I wanted to get advice on how I know if a debt is statute barred? I have had a letter from Lowell saying I owe money for an debt with 'Egg'. Now i've had the letter I remember that I had a loan/credit card with them. I'm not sure if I actually did pay this but I'm guessing because of this letter I didn't. I have been moved out of the address for 6 years and have lived in 3 different places since (this being the 3rd). They have obviously been able to track me at this address so see no reason why I wouldn't have received any correspondence at the other addresses? I was in one for 3 years and one for 2 and 1/2 years. I am now unsure as to whether this would now be classed as Statute barred and would like some advice on how to find out? Sorry to go on a bit! :-)

fatbelly

Law84 - there's info here:

Factsheet | Liability for debts and the Limitation Act

but please start your own thread and leave this one clear for Loobeyloop. Credit cards/loans are different from overdrafts as the start point for the limitation period is more clearly defined.

Sounds like yours is SB, btw

fatbelly

Loobeyloop - I'm sending you a pm. Your situation is 'interesting' due to that credit report.

I'm a bit concerned that your account may be potentially identifiable to the DCA due to the detail you posted so I'm going to pm you my thoughts

fb

P.S. The advice given on your other thread was excellent.

Loobeyloop

Hello again! Apologies for bumping after all this time, I hope you are all well, I haven't been on here for quite a while, I had thought this might have gone away....I sent the second letter you advised, back in July and heard absolutely nothing, until today...the last debt agency seemed to have sold the debt on, as today I received a letter from Westcot saying they have been instructed by their client (Lloyds tsb) to collect the outstanding debt etc etc....

What would you suggest I do? Should I send this debt collection agency the first letter (suggested by Fermi I think)

Thank you in anticipation for your help, again!!

fermi

Yes, I would send the first one.

Loobeyloop

Hello again, just an update, sent the letter first letter again, back in Jan, got a reply saying they will investigate, well today I received a letter with statements enclosed, and them asking for full payment asap...The first page is dated 5th Dec 02, which was the day before I moved, and the last time I heard/had any contact from them, there is no statements then , until 4th Dec 06, the last page is dated 10th Jan 11 stating that TFR to CDR and that the account was closed on that day (it is almost the same as my 1st post but they seem to have more statements) ....does this mean that even though the last time contact was just under 10 years ago now, it isn't statute barred? i know you have said before there are discrepancies with overdrafts... Do you think I should send the second letter that Fermi suggest in post #3?
Thank you in anticipation.

fatbelly

You've sent them a letter asserting that it's statute barred.

They've sent you a load of statements.

Have they set out a cohesive argument why this is not statute barred?

I think I'd ignore them unless they address the relevant points.

Incidentally, it looks as if I pm'd you back in August last year but I have to clear my sent box to keep the number of posts under 50, and so yours has gone. I can guess what I wrote but if you still have it, could you reply, quoting my pm.

fb

Loobeyloop

Hi there,
I'm really sorry to bump this, but have received a letter from westcot dc today (although it is dated 7th..taken 5 days to get here), saying they are going organise a door step collection visit and I have to phone the number IMMEDIATELY and agree to a suitable repayment plan......please can someone help, I'm really upset and scared, the last correspondence from them was a load of old statements, does this prove it is not statute barred, hope you can help...thank you in anticipation
Loobey

vax2002

I told you that these are bunny boiler stale debt sharks.
they WILL NOT go away , nor will you prove them wrong, they will send one threat after another until you learn to IGNORE them.