Reply from Lowell

Cheryl2010

After some advice from this site i sent a Statue Barred letter to Lowell.

They sent a letter a few weeks ago stating that they:

Purchased the debt in Ocrober 2013
Sent me a letter confirming this on 12th November 2013

They then said the account was on hold until they had recieved a copy of the agreement and statements of account.

I have today received another letter with a copy of the credit agreement but no statements to prove payment etc.

I am assuming that the debt must not be statue barred as they are sending me confirmation of the account etc so what should my next step be?

Thanks

sourcrates

Never assume anything with a debt collector.

They can send you whatever they like, non of it will determine wether it's statute barred or not.

When did you last make payment to this account ?

Cheryl2010

I cant remember, we have no paperwork etc and we have switched bank accounts years ago.

The only information we have is the default date is 17th April 2012 - this is from our credit file on Noddle

fatbelly

Cheryl2010 wrote: »

They sent a letter a few weeks ago stating that they:

Purchased the debt in Ocrober 2013
Sent me a letter confirming this on 12th November 2013

These facts are irrelevant to whether the debt is statute barred or not.

You must have been fairly confident on your dates to send a statute barred letter - are you in Scotland?

Cheryl2010

Yes i am in Scotland, we are fairly confident that we havent paid a penny towards the debt for years.

If i cant prove it is Statue barred what would my next step be towards Lowell?

Do i ask them to send statements etc to see when the last payment was made?

Cheryl2010

Just looked again at the credit file and the balance history is showing the same figure from July 2012 ( when it first appears on credot file) until now.

I would think this would mean now payment has been made since then?

sourcrates

You don't have to prove anything.

According to your dates your last payment would of been prior to April 2012, so as you are in Scotland it would be statute barred.

Simply write back stating it's statute barred, prove otherwise.

Cheryl2010

So even though ive already sent a Statie barred letter i should send another one?

Thanks for all your help

sourcrates

Cheryl2010 wrote: »

So even though ive already sent a Statie barred letter i should send another one?

Thanks for all your help

Well I assume they are disputing your claims, so you have a choice.

Write back confirming your belief in its statute barred status, or wait and see if they issue a claim form (or Scottish equivalent) and then defend on the basis there's no case to answer as time to collect on the debt has run out.

Cheryl2010

Thanks, they have said the account is on hold for the moment until they get more information so i will wait and see what they come back with.