Payment after SB

aymz1983

Morning all.

My husband has an old debt with Welcome. It was sent to Lowell sometime between Aug 2012 and June 2013. (Aug '12 was when Welcome wrote the debt off and June '13 was hubbys first payment to Lowell).

I've always told him not to deal with creditors by phone but then he doesn't always listen to me and he set up a standing order with them.

When I checked our credit files last year the Welcome debt wasn't on his file so hubby was like, ooh wonder if it's SB'd...so he called Lowell (:lipsrseal) to ask when his first payment to them was. They confirmed it was June but said that his account didn't default with welcome until July '07 so wasn't SB'd. He argued it was and stopped the standing order.

Long story short, he's been arguing with them for a year now, he's only just got statements from Welcome which show that his last payment to them was 25/05/2007. His first payment with Lowell was 07/06/2013. So to me, that is SB'd. He never acknowledged it in writing (although when it was still with Welcome back in the day he tried phoning a couple of times to sort it out but could never get past security!) or made a payment in between those two dates, and has statements to back this up.

Now, I'm aware that even though a debt is SB'd, a creditor can still chase for the debt if they want, but if he tells them he will not pay it (which I'm sure he will), even though he made payment after the SB date, could they do anythng enforcement wise? I'm sure I've read that they can't but I just want to doubley make sure that I'm not giving him the wrong information.

Thank you

aymz1983

Paying them after SB date doesn't un-SB it?

glentoran99

aymz1983 wrote: »

Paying them after SB date doesn't un-SB it?

No it doesn't, once its statute barred nothing can un-sb it

glentoran99

aymz1983 wrote: »

Morning all.

My husband has an old debt with Welcome. It was sent to Lowell sometime between Aug 2012 and June 2013. (Aug '12 was when Welcome wrote the debt off and June '13 was hubbys first payment to Lowell).

I've always told him not to deal with creditors by phone but then he doesn't always listen to me and he set up a standing order with them.

When I checked our credit files last year the Welcome debt wasn't on his file so hubby was like, ooh wonder if it's SB'd...so he called Lowell (:lipsrseal) to ask when his first payment to them was. They confirmed it was June but said that his account didn't default with welcome until July '07 so wasn't SB'd. He argued it was and stopped the standing order.

Long story short, he's been arguing with them for a year now, he's only just got statements from Welcome which show that his last payment to them was 25/05/2007. His first payment with Lowell was 07/06/2013. So to me, that is SB'd. He never acknowledged it in writing (although when it was still with Welcome back in the day he tried phoning a couple of times to sort it out but could never get past security!) or made a payment in between those two dates, and has statements to back this up.

Now, I'm aware that even though a debt is SB'd, a creditor can still chase for the debt if they want, but if he tells them he will not pay it (which I'm sure he will), even though he made payment after the SB date, could they do anythng enforcement wise? I'm sure I've read that they can't but I just want to doubley make sure that I'm not giving him the wrong information.

Thank you

What you are telling him is correct

aymz1983

Thank you very much

aymz1983

They've called him back arguing that it isn't SB'd though as they bought the debt and his last payment was April last year so the 6 years runs from that. I've told them (hubs passed phone to me as he is not very good wording things!) and I said no, the 6 years would run from his last payment to Welcome. He wasn't having it.
I am right, aren't I? He sounded very convinced in what he was saying that it makes me second guess myself! limitation doesn't start again if someone else buys the debt?

SeduLOUs

You're right. We had an SB debt with Lowell actually, and we made two payments to them before we realised that the debt was actually SB.

I sent it the standard SB letter, and they accepted it.

Don't talk to them by phone anymore. Send them a letter explaining the date that the debt became SB, and that whilst you have made some payments towards it you do not intend to make any more as the debt is unforceable. Use the standard SB letter but add the actual dates to avoid confusion with these new payments.

sourcrates

Stay off the phone to them, write a letter stating the account is statute barred and you will not be discussing this matter any further with them.
If they persist in attempting collection of the debt, complain to them initially, follow there complaints procedure, then contact the FOS and also the FCA.

National_Debtline

Hi

You can use the letter template on this factsheet to send to Lowell. If they keep trying to collect without proving the debt isn’t statute barred complain as Sourcrates suggests.

www.nationaldebtline.org/EW/factsheets/Pages/25%20EW%20Time%20limits%20for%20recovering%20debts/Default.aspx


James
@natdebtline