Lowell (again...)

fermi

Does it say on their letter whether the default date they reference is one on your credit file, or the date of a default notice letter expiry under s87 Consumer Credit 1974?

The phrase the 'default date for this account' could refer to either.

Marktheshark

You have made a CCA request ?
That can kill it stone dead if they dont have it and very often they do not.

aymz1983

Thanks for the other replies. Dandelion - apologies, didn't even occur to me to update my old thread...(sheepish face but can't find the icon )

Fermi - I presume they are on about a s87 default. I only have their date to hand at the minute - it's no longer on hubbys credit file for me to check.

Had another look at the statements from Welcome. The last successful payment to Welcome was 26/04/2007. The payment on 25/05/2007 was a failed direct debit so wasn't actually paid that month. Assuming a CoA could start the following month from successful payment (as suggested above) then that would start 25/05/2007 so would be SB'd by the time the payment was made in 2013.
stil just as confused on Legal Beagles, I'm getting great advice but seems to be the world of statute barring is a little up in the air!

Marktheshark - have not done a CCA request. Only have statements from Welcome (paper) and Lowell (pasted onto email). Is this where if they don't have the original agreement it cannot be enforced? Who would we need to ask, Welcome or Lowell? I tried doing that for one of my Welcome debts. Turns out they had everything, but it was definitely SB'd anyway.

fermi

aymz1983 wrote: »

Fermi - I presume they are on about a s87 default. I only have their date to hand at the minute - it's no longer on hubbys credit file for me to check.

A judge recently went against what is supposed to be received wisdom and said the 6 years went from the s87 default notice date.

http://www.consumeractiongroup.co.uk/forum/showthread.php?447033-PRA-Group-claimform-old-MBNA-card-debt&p=4776427&viewfull=1#post4776427

One isolated case ATM, but salutary in that if it goes to court it is up to the judge on that day, who may decide they know better than anyone else.