statute barred question

beatthasystem

Hi,
i moved abroad and while there i increased my overdraft with halifax to £2000 and took out a 5k visa with halifax, i made a few payments and then stopped. i also had a £700 overdraft with lloyds.
i believe this was early 2008.
i returned last year and waited a while but the debt was passed on to debt collectors, i ignored them and then i used this site to print off statute barred letters to the 3 debts.
i got letters back from the halifax debtors agreeing it was staute barred writing off the £7k (hooray) but i got a letter back from lowell financial saying thanks for the letter but it is still enforceable because lloyds didnt issue a default notice until 11th december 2009 and therefore you must pay. i dont know when i last had contact with lloyds but i must have been way before then.
what should i do now?
thanks in advance

rizla_king

typical lies from Lowell

ask on http://www.legalbeagles.info/forums/ as they know how to counter this rubbish

sourcrates

The default date is irrelevant, it's the cause of action date that's important, Lowell appear to be using this argument a lot of late, advice above is good.

beatthasystem

i got the letter from this site (i removed a couple of things to post here)

Lowell Financial

PO Box 164
Leeds
LS10 9EH

WITHOUT PREJUDICE

Dear Sir/Madam

Re: Account No/Reference No: **********

No debt is acknowledged to you. You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”.

The last correspondence/payment/acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to your reply.

Yours faithfully
____________________________

it seems the default notice was dec 2009 but last contact was way before that. did the letter i sent reset the clock or should i wait until january and send again or what should i do?

rizla_king

As said, this is a technical legal question so http://www.legalbeagles.info/forums/ is prob a better place to ask.