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Lowell solicitors

HI all,
Please help me ,I took a loan in 2007 with Lloyd's Tsb, I was able to pay it back until 2010 l lost my job in 2010. In November 2019 Lowell solicitors sent me a letter that they are sending me to county court, I replied with a letter asking for prove of documentation that l owe and included a #1 postal order.
They replied me yesterday with the document with my signature on, and the statements confirming l last paid in 2010. My question is , do Lowell Solicitors have a right to chase me for a 9 year old debt? is my credit not statutory barred at 9 years old.
Any help would be greatly appreciated
THANK YOU

Comments

  • Gaz83
    Gaz83 Posts: 4,047 Forumite
    1,000 Posts Combo Breaker
    When did you last acknowledge the debt?
    "Facism arrives as your friend. It will restore your honour, make you feel proud, protect your house, give you a job, clean up the neighbourhood, remind you of how great you once were, clear out the venal and the corrupt, remove anything you feel is unlike you... [it] doesn't walk in saying, "our programme means militias, mass imprisonments, transportations, war and persecution."
  • If you've not made any payments, or acknowledged the debt in 6 years then it becomes statue barred and is unenforceable.
  • I last had contact with them in 2011. Never paid anything till date
  • Do l need to write them a letter to inform them that this is statue barred ?
    Thank you for your help
  • Gaz83
    Gaz83 Posts: 4,047 Forumite
    1,000 Posts Combo Breaker
    If you haven't acknowledged or made payment since 2011 then yes, it is statute barred - unless they already started court action for it prior to the six-year rule.

    If it is statute barred, however, this doesn't mean the creditor can't chase you for it, though - you still owe the money. It just means the creditor can't use the courts to pursue you for it.

    Write back to them saying that as you haven't made a payment or acknowledged the debt in over six years then it is statute barred. That should be enough to get them off your back. If they tried taking you to court they'd be laughed away.

    There's a template letter on the Stepchange website you can use - https://www.stepchange.org/Portals/0/documents/info/Statute-Barred-Template-Letter.pdf.
    "Facism arrives as your friend. It will restore your honour, make you feel proud, protect your house, give you a job, clean up the neighbourhood, remind you of how great you once were, clear out the venal and the corrupt, remove anything you feel is unlike you... [it] doesn't walk in saying, "our programme means militias, mass imprisonments, transportations, war and persecution."
  • sourcrates
    sourcrates Posts: 31,810 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Lowell know its statute barred, but are relying on your lack of knowledge, ignorance etc, of that fact, they will never come out and say that at the outset, as obviously they want their money.

    Send the statute barred letter, as soon as you can to avoid them starting a claim, if they do, reliance of section 5 Limitation act is a full defense to their claim.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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