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Statute Barred Debt
chipsmum
Posts: 58 Forumite
in Credit cards
I am being pursued by Lowells for a Capitol One credit card debt. I have neither paid or acknowledged this debt since 2010. I have sent Lowells a standard stature barred letter advising them to stop contacting me etc
I have received a response from Lowells saying that as default date for the account is April 2016, it is not statute barred, I know that the default date is not relevant when calculating whether a daebt is statute barred. Should I respond to Lowells or just ignore them now ?
I have received a response from Lowells saying that as default date for the account is April 2016, it is not statute barred, I know that the default date is not relevant when calculating whether a daebt is statute barred. Should I respond to Lowells or just ignore them now ?
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Comments
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Roughly translated as, that when we bought the debt and are now trying our luck.
No1 rule with debt vultures is never acknowledge them in any way shape or form whatsoever.
Now they have you on their radar so depending on how much the debt is will determine how "determined" they will be on chasing it. Don't acknowledge any more correspondence from them and have a read about how to deal with debt collectors /bailiffs that may turn up on your door.
If you educate yourself from this point onwards it's tedious but you can get rid of them.0 -
Sorry default date being quoted is April 2012, not April 2016.
And yes, silvertabby it would have been great to have been able to pay off the debt but sadly my circumstances permit that,0 -
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The time when a statute barred time limit starts is the "cause of action" which is the date your agreement says the creditor is able to take legal action due to missed payments. If your agreement doesn't say when it's mainly down to the creditor to say when which is usually the default date, i.e. the date when the creditor says that due to missed payments the debt can be legally recovered. It's very difficult to determine if the agreement doesn't have the info.
Here's what National Debtline says about it:
https://www.nationaldebtline.org/EW/factsheets/Pages/time-limits-for-recovering-debts/statute-barred-debt.aspx?gclid=Cj0KEQiAguXBBRCE_pbQ5reuq8MBEiQANji2LWrH0_8DTz7yEBRXyA1BcypLQUuyfEkHIgJUtivAlOQaAuTo8P8HAQ0
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