Lowell PortFolio chasing old debt

Lugzyboy82

Good morning

I have been paying Lowell Portfolio for a while now as they said that they bought an old debt off black horse from over 7 years ago. I thought that this debt had been cancelled off as I hadnt heard from black horse for over 6 years. No letters, phone calls or anything of the sort. The only letter I had from them is when they repayed my PPI.

Does anybody know where I stand with this?

I have spoken to Black Horse but they have no record of my account.

Thanks in advance

Stevie_Palimo

If you are paying it then you have accepted the fact that you owe the money and can do very little, others will say send them a prove it letter but I would anticipate this failing due to you paying what you probably owe.

sourcrates

Hi,

Yes you do have choices.

Has there ever been a period of 6 years where you made no payments to this account ?

Dependant on your answer to the above, a CCA request maybe beneficial if black horse admit they can't find your account, it's unlikely they have any paperwork either.

MrsTinks

Stevie_Palimo wrote: »

If you are paying it then you have accepted the fact that you owe the money and can do very little, others will say send them a prove it letter but I would anticipate this failing due to you paying what you probably owe.

Well... actually that's wrong...

HAVE you ever had 6 years (in England or 5 years in Scotland) without interruption where you did not make any payments on this debt?

Once a debt is statute barred it does not un-bar. That doesn't stop it being owed, but it stops it being legally enforceable through for example a CCJ.

The key is if you had 6 years of no payment at any point in time? If so then you could send them the statute barred letter.

National_Debtline

Hi Lugzyboy82


A debt would not be "cancelled" as such after six years or more of inactivity (i.e. no written acknowledgements or payments by you), but the creditor may have lost its right to take court action to recover it - this is referred to as a debt becoming "statute barred". If this was already the case by the time you started making payments to Lowell, the debt will still be statute barred - meaning Lowell would not be able to sue you for it and obtain a CCJ.


You have the option of sending the following letter to Lowell, which then places the burden of proof on them to show that the debt is not statute barred:


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


Please note that in the meantime, Lowell are entitled to retain any payments you have made and any that you continue to make, as the debt still "exists" - it just may not be enforceable through court.


Dennis
@natdebtline

Stevie_Palimo

Lugzyboy82 wrote: »

Good morning

I have been paying Lowell Portfolio for a while now as they said that they bought an old debt off black horse from over 7 years ago. I thought that this debt had been cancelled off as I hadnt heard from black horse for over 6 years. No letters, phone calls or anything of the sort. The only letter I had from them is when they repayed my PPI.

Does anybody know where I stand with this?

I have spoken to Black Horse but they have no record of my account.

Thanks in advance

Sometimes I do wonder if you guy's actually read prior to posting as the OP clearly has wrote ( I have been paying Lowell for a while ) Forgive me if I am wrong but this would very obviously override your comment and theory about the 5-6 year standing point of no contact.

Perhaps in future rather than jump on the thread and rubbish my post it would be a good idea to read sit back and allow the post to sink in prior to making your comment.

Lugzyboy82

Hi guys

Just to try and clear this up. The debt was initially with black horse but I had no contact from them for over 6 years. I made no payment towards the debt in this period. 1 year later I received a letter from lowells stating they had bought the debt. They were very threatening towards me with court cases debt collectors etc so I set up a payment plan that I could afford and have paid this ever since.

sourcrates

Lugzyboy82 wrote: »

Hi guys

Just to try and clear this up. The debt was initially with black horse but I had no contact from them for over 6 years. I made no payment towards the debt in this period. 1 year later I received a letter from lowells stating they had bought the debt. They were very threatening towards me with court cases debt collectors etc so I set up a payment plan that I could afford and have paid this ever since.

In that case follow the link in National Debtlines post above, and send Lowell the statute barred letter.

You can stop paying Lowell straight away, they will have to prove it isn't statute barred, let us know how they respond, as they are a slippery bunch.

Lugzyboy82

I am typing the letter as we speak. Fingers crossed. This all came about due to being injured at work and I am now disabled. I am trying to get debt free but a limited income isnt helping.

MrsTinks

Stevie_Palimo wrote: »

Sometimes I do wonder if you guy's actually read prior to posting as the OP clearly has wrote ( I have been paying Lowell for a while ) Forgive me if I am wrong but this would very obviously override your comment and theory about the 5-6 year standing point of no contact.

Perhaps in future rather than jump on the thread and rubbish my post it would be a good idea to read sit back and allow the post to sink in prior to making your comment.

Actually no. A debt does not become unbarred even if the debtor starts paying again IF 6 (or 5 depending) years have passed.

I read your post and the OPs and if the debt is statute barred it's statute barred. They stated that there had been a gap of 6 years so that should settle that.

Stevie_Palimo

MrsTinks wrote: »

Actually no. A debt does not become unbarred even if the debtor starts paying again IF 6 (or 5 depending) years have passed.

I read your post and the OPs and if the debt is statute barred it's statute barred. They stated that there had been a gap of 6 years so that should settle that.

But they have been paying it and regardless of the 6 year take on non contact with the original lender/provider in question they had been paying Lowell who are entitled to chase up still should they so wish, No legal action but well within there rights to pursue the debt.

Also a side note here and I say this a lot on these particular type of posts but what ever happened to the good old fashioned way of paying your dues rather than people who seem happy to avoid at all costs, It is wrong that so many people think I know let me avoid contact for 6 years and let the actual people that pay there dues pick up the difference, This is exactly what I do by paying all my bills as I am indeed paying towards some people that are just pure chancers in life.

Take that as you may but I know I sleep well at night paying my dues and would hope that there is law changes that mean others who clearly evade them get there comeuppance as it most certainly not fair that you get to think it is okay for us all to cover your spending habits and ill thought out attitude of avoiding anything that you have spent.

If I had my way and people defaulted I would leave a mark on there file permanent if it was a outright take and escape attitude where they have the credit or service and just do not wish to pay for it.