Statute Barred Advice?

pinkroses84

I had a Barclaycard (credit card) around 2004/2005 and ran into financial difficulties in 2007/2008. I sorted out my other debts into a DMP however this one seemed to have slipped the net...

The debt has now been passed onto Lowells. A few weeks back I received a letter from them advising of action etc. I sent the standard statute barred letter back to them - I am 99.9% sure I have not made a payment on the account since 2007. A default was issued in June 2008.

Lowells have writted back to say that they have consulted their client and bascially refuted the 'statute barred' as the default was issued in June 2008? Is this correct?

Seeing as I'd not made a payment or acknowledged the debt since 2007, I did think the debt would be statute barred? Is this a sneaky tactic by Lowell?

sourcrates

Unfortunately they can issue a default at any time, check your credit file and see if anything appears on that, the good news is that in two months it will be SB anyway, thank them for telling you, send them a "provit" letter, that will keep em busy for two months, them tell em to get stuffed !!

National_Debtline

Hello there,

The actual 'default' may not represent when the actual six years 'running of time' started. Generally speaking, the six years usually runs from the point in which the contract breaches - and the creditor can sue you for the full balance under the contract. If you stopped paying in 2007, it is likely that the six years would run from a point in time a few months later. Most credit card contracts seem to state that they will terminate the account on two or three missed payments.

You may wish to consider sending a Subject Access Request or making a request for information under the Consumer Credit Act. Both of these should get you a statement of account. Be sure not to admit liability in writing if you decide to take this course of action.

Best wishes,

David @natdebtline