Today i have court papers for an old debt..advice please..

edited 30 November -1 at 1:00AM in Stoozing: Free Cash from Credit Cards
9 replies 2.7K views
Amanda19_2Amanda19_2 Forumite
2 Posts
Hi, im new and this is my first post here on the website . Hoping someone can give me a bit of advice really....
I have just recieved a claim form from the courts over an old capital one credit card i had from well over 6 years ago. I have not contacted the company who were dealing with it in over this time (prob even longer) the company dealing with it was Lowell portfolio. They had sent a few letters within this time but i never acknowledged them whatsoever. My mistake i know, but i just always had bigger bills to pay, or other things to worry about. Now years later i have in front of me court papers for this debt. I dont have the original credit agreement anymore. (iv moved house and divorced since then) so iv not even worried about this debt.
I dont really know what to do from here, apart from ringing them up/sending a letter and making some kind of weekly payments, however i also feel quite annoyed how its such an old debt and they have managed to get court papers for it?! Can anyone please help in what letters i should send or if i should just offer to pay. I haven't been in contact with Lowells as yet.
Thanks in advance.... Amanda.

Replies

  • TBagpussTBagpuss Forumite
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    If you have genuinely not acknowledged the debt in any way for over years it is possible that it may be statute barred and that they are unable to pursue you.

    I would suggest in the first instance that you contact Stepchange for advise on your liability.

    Be aware that time scales on court documents are strict so you do need to ensue that you complete and return the papers by the date given, whether you are intending to admit or defence the claim.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • TixyTixy Forumite
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    Hi and welcome to the forum.

    This post would probably have been better in the debt free wannabe section for advice.

    However - first question - what part of the UK are you in (as the laws are different in scotland)

    The claim form, this is definitely a court document (blue papers) isn't it? not something from the debt collectors that looks a bit like one?

    If there has been a period of 6years where you paid nothing towards the debt and did not write to acknowledge the debt in writing then the debt is statute barred by the limitation act.

    A debt being statute barred is a defence against the court action. And you can fill in the court papers to this effect (perhaps may be worth giving national debtline a call to talk this through).
    See this factsheet here (assuming you are in England/Wales) - https://www.nationaldebtline.org/EW/factsheets/Pages/25%20EW%20Time%20limits%20for%20recovering%20debts/Default.aspx
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • Thanks for your replies. One thing i noticed on the court papers which struck me odd is the fact they are not stamped by the court. Could this mean they are fake?
  • TixyTixy Forumite
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    Might well be. Wouldn't be surprised if they were, some debt collectors have definitely been known to do this.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • murphy306murphy306 Forumite
    409 Posts
    I was in a friends yesterday and he had received two letters recently from debt collection companies in relation to two loans he took out over 12 years ago or possibly more, can they force him to pay them or what should he do with them? I think by the gist of the story he has not paid very much off them due to one thing or another.
  • TixyTixy Forumite
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    murphy306 wrote: »
    I was in a friends yesterday and he had received two letters recently from debt collection companies in relation to two loans he took out over 12 years ago or possibly more, can they force him to pay them or what should he do with them? I think by the gist of the story he has not paid very much off them due to one thing or another.

    Depends on how long a gap there has ever been without payment. I would point him in the direction of the first few posts in this thread Statute barred debts and the Limitation Acts,
    Is he in NI? if so the legislation is very similar to the England/Wales legislation but if he does think it is statute barred and intends to reply to that effect then he needs to ensure that he refers to the correct legislation.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • McKneffMcKneff Forumite
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    murphy306 wrote: »
    I was in a friends yesterday and he had received two letters recently from debt collection companies in relation to two loans he took out over 12 years ago or possibly more, can they force him to pay them or what should he do with them? I think by the gist of the story he has not paid very much off them due to one thing or another.


    It depends whether he has paid anything off towards the debt or even acknowledged the debt in the last six years.


    If not then your friend should send them a 'statute barred' letter.


    Google it for a template.


    And in future, you really should start your own thread if you need help. It just gets confusing as to who is talking to who if there are more than one person requiring help.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • murphy306murphy306 Forumite
    409 Posts
    Sorry, I just jumped in there. Please delete it if it needs to be removed :(
  • PaulW922PaulW922 Forumite
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    Amanda19 wrote: »
    Thanks for your replies. One thing i noticed on the court papers which struck me odd is the fact they are not stamped by the court. Could this mean they are fake?

    If they have come from the Northampton bulk centre they will be electronically produced and not stamped.
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