Lowell debt help

sourcrates

frenchplonka wrote: »

I wish I knew how to tell them that?

When using the Limitation Act, these debts are often called ‘simple contract debts’.

The Limitation Act says that the limitation period for simple contract debts is six years.

The cause of action (when the limitation period starts running) for simple contract debts, is usually when your agreement says the creditor is able to take court action because you have fallen behind with payments. This will usually be after one or two missed payments.

It is not nessessarily the default date.

frenchplonka

sourcrates wrote: »

When using the Limitation Act, these debts are often called ‘simple contract debts’.

The Limitation Act says that the limitation period for simple contract debts is six years.

The cause of action (when the limitation period starts running) for simple contract debts, is usually when your agreement says the creditor is able to take court action because you have fallen behind with payments. This will usually be after one or two missed payments.

It is not nessessarily the default date.

Would my highlighted email be okay or should i word a reply different

sourcrates

frenchplonka wrote: »

Would my highlighted email be okay or should i word a reply different

Looks ok, it's "cause of action" though, not date of action !!

frenchplonka

sourcrates wrote: »

Looks ok, it's "cause of action" though, not date of action !!

Thanks I will keep you updated regarding this hopefully i can get this one thrown out and a further reduction and then my life will be much better I have other debts i need to clear but im on my way

frenchplonka

Ok so im getting nowhere with Lowell in regards to the following debt. I have started a new thread in regards to this debt it particular as this is the most troublesome one and the others are all being sorted

Lowell Reference – 116370222 – Orange – Balance £191.71

This relates to a former Orange account that was opened on the 7th September 2009 and is related to the mobile number of 07875434038. This was opened at a Phones 4U store and the last payment received to the account was on the 9th December 2009 for an amount of £82.20. The balance outstanding is made up of £195.93 Airtime Debt. The client provided the address of 43 Brentford Road BD12 0AG.

So I sent them the typical i belive this debt is statute Barred letter and they came back with the following

I appreciate that the last payment may have been more than six years ago but this debt did not become fully due and payable until Orange issued a Default Notice – which you did not comply with. According to our information, the Default Date was 8th June 2010 and therefore we consider that the account is enforceable for 6 years from that date.” Looking at this account I understand that we have offered you a discount of 40% meaning a payment of £115.03 would close the account. Please advise if you would like to accept this discount and pay this amount to close the account? Please be advised that paying the account with a discount will reflect on your credit file as partially satisfied, and not satisfied.

To Which I replied

As far as im concerned the date of action date would have been the last date a payment would have been made NOT the default date as u have told me. Im prepared to lodge a defense of this in court if needed please let me know how you would like to proceed or if you have any further evidence.

Which brings me to the last email I have from then saying

I appreciate your comments however, as the last act on this account was when the account defaulted on the 8th June 2010 this would not have become statute barred until 6 years after this date. I apologise for any inconvenience this causes and if no payment is made to the account then collections activity would again resume and further action may be taken. Please advise how you would like to proceed?

I have suspended collections activity for 14 days to allow time for you to reply. After this time the accounts will return to our collections department.

I look forward to hearing from you.


Not a clue how to proceed now any advice as you can see i only have a basic understanding of the situation and not really sure how to proceed

sourcrates

Ok, as I said yesterday, the cause of action date is what's important, not the default date.
Lowell say the clock runs from the default date, that is incorrect, in your case, it's the date of the last payment that counts.

You have reached an impasse with Lowell, you either ignore them, and if they make a claim, use statute barred as a full defence, or make an arrangement to pay, it's up to you.

frenchplonka

Cheers So If i email them back saying tht its the cause of action date that is important when determining the time frame for a statue barred account?

SO if i email saying that the last payment on the account in 2009 is the basis for working out a time frame which is the cause of action date and as such any further action is not valid due to it being statue barred?

Do you have a link or maybe a quote to that particular section or clause?

sourcrates

frenchplonka wrote: »

Cheers So If i email them back saying tht its the cause of action date that is important when determining the time frame for a statue barred account?

SO if i email saying that the last payment on the account in 2009 is the basis for working out a time frame which is the cause of action date and as such any further action is not valid due to it being statue barred?

Do you have a link or maybe a quote to that particular section or clause?

Send them a good old fashioned letter, not an email.

Once you have told the creditor or debt collection agency that you are disputing the debt because you think it is statute-barred, it is up to them to prove otherwise. Don’t be afraid to ask for evidence if they tell you a payment has been made, or a letter received.

Statute barred template letter here :

https://www.nationaldebtline.org/EW/sampleletters/Pages/Time-has-run-out-to-recover-the-debt-%28sole-name%29.aspx

Look on the ND website for further info on statute barred debts.

hohum

Just a note, this is a public forum and you've put up information including address and mobile number...might want to go through and edit your posts to remove that personal information?

frenchplonka

So there not accepting that its barred so is there a follow up letter i can send them saying they either have to prove it or shut up?