Can anyone help!?

monsterlane

Hi there, i have a debt with vanquis that has been passed onto Lowell portfolio few years back. I took it out in 2008 with a credit limit of £150 to help me get down to the isle of wight to work, basically i didnt have a debit card at the time so i sent all the £150 to my dad back up north via post, but what i didnt know at the time is my dad was having financial dificulties and used the money to pay an energy bill, i didnt find out untill it was defaulted as i thought it was all paid, i think he thew away letter and statements etc. so when i checked after getting back a few months later it spiralled from £150 credit limit to £1282!! in charges. I got a letter from "Cohen and Carter" on behalf of lowell to say if i dont pay in 14 days they will get a ccj to me. Is there anyway to pass on the debt to my dad who says he will put in his name if possible? I checked my credit report and says It was defaulted in 2012 but im sure it was before as i didnt pay anything in 2009 because i paid it to my dad who didnt pay it.
Basically id love some advice what i should do next? Thank you so much in advance and any help would be appreciated...

fermi

It is not usually possible to transfer such a debt to someone else, so it's likely you will have to remain legally responsible for it.

May be able to challenge the charges though.

Regards the default, are you reading the D or 8 in the status history as being 2012, or the actual default date? There is a difference on reports, which can be confused or missed.

e.g. actual default date is usually stated separately from the status history.

monsterlane

Hi thank you for the reply. It says the account start date 17/12/08 and default date is 31/08/12. So do you think I could challenge the charges? How do I go about that? Via vanquis or lowell? Worried about the ccj against me that there solicitors are threatening me with. Thank you so much for you're help so far.

poppasmurf_bewdley

Have you paid any money off the debt since 2008? Or acknowledged the debt in writing to the original debtor or the Debt Collection Agency?

If you haven't done either of the above, then it could be statute barred, and you won't have to pay it.

Google 'statute barred' for further information.

http://moneyawarecouk.c.presscdn.com/wp-content/uploads/Statute-barred-template-letter.pdf

National_Debtline

poppasmurf_bewdley wrote: »

Have you paid any money off the debt since 2008? Or acknowledged the debt in writing to the original debtor or the Debt Collection Agency?

If you haven't done either of the above, then it could be statute barred, and you won't have to pay it.

Google 'statute barred' for further information.

http://moneyawarecouk.c.presscdn.com/wp-content/uploads/Statute-barred-template-letter.pdf

Those were my thoughts too, Poppasmurf. Default dates can sometimes bear very little relationship to the times when the payments on account actually ceased - if there ever were any at all.


monsterlane - have a look at our Limitations Act fact sheet which might help you work out whether this debt is in fact 'statute barred' and thereby potentially unenforceable.


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


Dennis
@natdebtline

monsterlane

Hello thank you also! No I haven't paid anything to lowell or any debt agency on this debt. Do I send them a letter do you think? It says defaulted in 2012 but I can't see vanquis waiting 4 years to say default? Thank you again in really appreciate all this help.:)

poppasmurf_bewdley

monsterlane wrote: »

Hello thank you also! No I haven't paid anything to lowell or any debt agency on this debt. Do I send them a letter do you think? It says defaulted in 2012 but I can't see vanquis waiting 4 years to say default? Thank you again in really appreciate all this help.:)

Then send them the statute barred letter.

sourcrates

I agree, it would be statute barred by now, follow the link in national Debtlines post, and send them the SB letter.

Remember, it's up to them to prove its not statute barred, not up to you to prove that it is !!!

monsterlane

Thank you all so much, I will send them the letter tomorrow and hopefully go my way. I really appreciate all the comments and feel much better and if you feel I'd benefit from more tips then please by all means. Thank you all!

monsterlane

Hi fermi thanks again for advice, just quick couple of things, you say I maybe able to challenge charges? My credit limit was £150 and didn't pay anything back and now it stands at £1282 how do I go about it? Also checked middle and says Lowell default me in 2012 but I not paid anything since 2008 well my dad didn't, how's that as I've not paid them anything etc. I sent them statute barred letter and waiting for a reply. Thanks again.