Default help please Lowell taking me to court.

[Deleted User]

Hello, I have an old debt that is statute barred (last payment made 08/07) and no correspondence from me in between. Lowell have taken me to court and I am due to see them there next week. I have written telling them it is SB but they are saying it did not default until some six months later so is still enforceable. I thought SB related to payments and correspondence and a default can be added anytime so is not relevant. Please can somebody give me the facts urgently! Thank you for your time.

National_Debtline

Hi there

Date of default is not relevant when determining whether debt is statute barred, as you correctly state.

Is the purpose of next week's court hearing for you to put your defence forward, then?

What was the nature of the debt? It can be easier to determine when limitations period starts running for some types of debt than others.

Regards

Dennis @NDL

[Deleted User]

Hi Dennis, thanks for your reply.

It was a credit card debt (cap1).

The purpose is to give my defence in court next week.

rizla_king

Go and ask here for help.

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?170-Legal-Issues

Lowell may argue to the judge that the time didn't start running until the account is defaulted and terminated. If they do, you need to be prepared to counter that argument.

[Deleted User]

I have had this response on another site.

The six years would run from the point in which they first could have sued for the full amount of the money owing on the account. This is typically a couple (usually three) months after the last payment. If they are arguing it takes six months you should request a copy of the contractual terms that demonstrates this. Depending on what the debt actually is there may also be statutory requirements that must be fulfilled prior to the creditor being able to sue for the full balance.

Is this correct? I again i go back to the SB being from date of last payment...

happy_bunny_2

Presumably taken out before April 2007?

In which case, unenforceability is also an option, as signed original agreement required as per S127(3) of the CCA.

Might be tricky to get one, but might be worth asking for a CCA request and defending on that basis if the SB route fails.