Statute barred?

LolStevo

I have a debt with Lowell which I have always disputed, it defaulted on 25/12/2009 and I wrote to them to ask for details of the account to prove it etc.

They have sent me a print out with payments on and the last payment I made was 28/05/2009.

Can I send them the statue barred letter? I need this off my credit report too 😡

sourcrates

LolStevo wrote: »

I have a debt with Lowell which I have always disputed, it defaulted on 25/12/2009 and I wrote to them to ask for details of the account to prove it etc.

They have sent me a print out with payments on and the last payment I made was 28/05/2009.

Can I send them the statue barred letter? I need this off my credit report too 😡

Hi,


Yes you can, seems like it was statute barred last may.


They wont remove it from your credit file though, but judging by the date, it dropped off at the end of December anyway.


Just wait for the CRA`s to update, and bobs your uncle !!!

Marktheshark

Check for CCJ's first !

magpiecottage

Marktheshark wrote: »

Check for CCJ's first !

If they had a CCJ they would have said so.

So yes send the letter. Keep a copy and keep proof of posting (free from the Post Office) just in case they attempt to pursue it further.

Marktheshark

magpiecottage wrote: »

If they had a CCJ they would have said so.

So yes send the letter. Keep a copy and keep proof of posting (free from the Post Office) just in case they attempt to pursue it further.

They might not hold the CCJ, thats why you check first,
http://www.trustonline.org.uk/

They will search once they get a SB demand, given dates, checking would be advisable, a CCJ is hard to enforce after 6 years, but it wipes Statute bared out for six years from the date it was granted.

Keep your powder dry until you are 100% sure.

fatbelly

LolStevo wrote: »

I have a debt with Lowell which I have always disputed, it defaulted on 25/12/2009 and I wrote to them to ask for details of the account to prove it etc.

They have sent me a print out with payments on and the last payment I made was 28/05/2009.

Can I send them the statue barred letter? I need this off my credit report too ��

It should not be on your credit report now. Get a £2 statutory report from Experian or Equifax to check. In the unlikely event that you have a ccj that will also show there, providing you give them your full address history over the past 6 years

The Registry Trust supply the info on ccjs to the Credit Reference Agencies so there should be nothing further available from trustonline, providing you are checking the same addresses.

The letter you want is post #5 here:

https://forums.moneysavingexpert.com/discussion/2606811

which is the hybrid letter saying that you still dispute the debt but on the basis of their statements it would be statute barred anyway

LolStevo

I regularly check my credit reports and I have not seen a ccj, they also emailed me a couple of months ago to set up a payment plan with them at a discount so I don't think there is one. The account is at my parents' address too so I would get any letters plus they have my current address where I have received these recent letters.


Thanks guys I will get the letter sent off!

Marktheshark

I would check via trust online, assume nothing, we have seen people shot down in flames when the debt firm pulls a CCJ up.
They dont always show unless someone has tried to collect on it.
Its the final straw, but it is one that can break your back if there is one lurking and you would not be the first to find a hidden CCJ for a debt, not by a long way.

Get all ducks in a row first, then send a SB letter.