Lowell Portfolio

verity37

Hi,

I recently received a letter from Lowell Portfolio stating that they had bought a debt of mine (I seem to think its one from 2007/2008 which I thought I'd paid off).
I ignored it. I then received a form that I had to complete that said that if it wasn't completed that I would get a CCJ.
I filled in this form with my incoming/outgoing information and said that I could only afford £20 a month.

Stupidly on my part, I've sent this back and recently received a letter saying that they've accepted this.
Looking back on this, there is no where stated where they actually bought the debt from, and if its from 2007/2008 can they still make me pay it off as I thought that after 6 years, something changes and you aren't able to pay them off.

Can anyone help as to what I should do? I know I should've asked for proof of where the debt is from and proof that it was still a 'live' debt.
Do I need to make the first payment of £20 or shall I just leave it? After reading on here about the 'scam stories' about Lowell Portfolio I don't actually know what to do.

Thanks in advance.

macman

After 6 years it's statute barred (so barred if it's 2007). But the debt still exists, whether barred or not, and they can try to recover it voluntarily.
If you have now acknowledged the debt and agreed to pay £20pm, then it's a bit late now to query it, unless it's a scam,
Perhaps it's time for you to quantify what you actually owe and from when, as you imply that you have other debts?

Tixy

If the debt was statute barred before you offered payment then it is still statute barred now.

If it is statute barred then you are not required to repay and cannot be forced to do so.

So to be able to decide you would need to establish if there was ever a period of 6years where you paid nothing towards the debt and did not write to acknowledge the debt was owing.
If it is then you can ignore your previous payment offer and follow the templates and advice in this thread - Statute barred debts and the Limitation Acts

macman

Depends on the wording of whatever the OP has already voluntarily signed. By signing that they have certainly acknowledged the debt.

Tixy

macman wrote: »

Depends on the wording of whatever the OP has already voluntarily signed. By signing that they have certainly acknowledged the debt.

If there had already been a 6year period before that then what they signed since is irrelevant.

Once a debt is statute barred it always remains statute barred.