Are my defaulted accounts statute barred?

paramount7force

Hi, I think ive got some more good news i rang lowell last week asking how far they'd got with my complaint they said they would have an answer early next week. I rang up today and the person said they had rejected my complaint however because i am refusing to make a payment they would be closing my account although i made a payment in march 2014. He quoted bmw vs hart as the legal precedent i told him that bmw vs. hart wasnt a default and that id forgotten exactly what it was and told him that i would go to the focs. He then informed me that the account was being closed because of my refusal to pay and this would be confirmed in writing. however like i said i made a payment in March 2014. According to lowell my final payment towards the loan was November 7th 2007 i then made a payment approx 20th March 2014 of £50.00. Isnt it statute barred? according to those payment dates. Anyway i will wait for my confirmation tomorrow and let u guys know. Thanks for all the help.

paramount7force

paramount7force wrote: »

Hi, I think ive got some more good news i rang lowell last week asking how far they'd got with my complaint they said they would have an answer early next week. I rang up today and the person said they had rejected my complaint however because i am refusing to make a payment they would be closing my account although i made a payment in march 2014. He quoted bmw vs hart as the legal precedent i told him that bmw vs. hart wasnt a default and that id forgotten exactly what it was and told him that i would go to the focs. He then informed me that the account was being closed because of my refusal to pay and this would be confirmed in writing. however like i said i made a payment in March 2014. According to lowell my final payment towards the loan was November 7th 2007 i then made a payment approx 20th March 2014 of £50.00. Isnt it statute barred? according to those payment dates. Anyway i will wait for my confirmation tomorrow and let u guys know. Thanks for all the help.

Please according to those dates is the loan account sb?

sourcrates

If those dates are correct, then yes, it looks that way.


Don't ring Lowell again though..........please do it in writing, you can deny anything that was said in a phone call.

eyeopener2

First time I've heard a dca close an account for refusal to pay! Maybe we should all try that.

I think it's statue barred, I would wait for the letter though. That could be very interesting.

paramount7force

Well the dates are definitely correct although it might be november 9th 2007 and March 29th 2014. But WOOOOOOHOOOOOO looks like ive saved myself + of £5000. Ive still got debts of approx £1200 that defo are not SB but i should be clear by the end of the year with very little difficulty. I'll let u guys know when my letter from Lowell comes through and when im totally debt free also. Thank you everybody!!! any further input would be highly appreciated. Thank you again.

fatbelly

David from National Debtline covered the BMW v Hart case in post #29 and could probably flesh this out with more detail should it be required. Sounds like it won't be.

eyeopener2

Enjoy your win, and enjoy your debt free status when it finally arrives.

paramount7force

Really worried about this letter arriving in the next couple of days. It should be sb but Lowell are rejecting my complaint and saying because im refusing to pay they'll be closing the account. However i remember over the phone the person from Lowell said it would become sb in the next few days. however if their going with the bank default date and the legal precedent is BMW vs. hart and i made a payment in march 2014 I don't understand wth he was going on about now?? once I receive the letter that my account is closed if i do receive a letter stating that in the first place is there n e thing they can do afterwards?? and say i don't receive a closed account letter do u think the focs will find in my favour?

Im literally sick to my stomach now. it feels like theres an ulcer in my belly

thewhiteavenger

thewhiteavenger wrote: »

...There is plenty of case law on your side so stop panicking, get on with your life and respond to a court claim if it ever comes, which it probably won't.

Still applies, regardless of what they say in their letter which may or may not ever arrive.

paramount7force

Well its Tuesday the 17th of the 6th 2014. Just rang lowell i know im not supposed to but the letter hasnt arrived yet. the woman on the phone said the final response had been sent first class and she confirmed the account has been closed on there end. so its looking good but looks like i will have to wait till tomorrow now probably. fingers crossed. ill let u all know anyways.