Lowell 60% offer

tetleytea1

So, I've had an outstanding balance with Lowell for over 5 years now, and over the course of the last year, they've been sending out an abundance of letters offering various discounts to me. 

It looks something like this:

60% discount offer
If you contact us to arrange a repayment plan by ... we'll give you a 60% discount. This means you'll pay ... to settle the account, which you can spread over affordable installments.

 
Now, with that been said. Let me give you a brief history of this debt. 
According to my ClearScore account, the account with Lowell was opened on the 30th of December 2012. A single missed payment was recorded in June 2014. No other payments have been recorded.

I have had a variety of different letters from Lowell including:

• 3 pre-enforcement letters (legal action consideration)
• 3 discount offers (40%, 50%, and 60%)
• multiple overdue account letters
• letters with headers from Lowell Finance and Lowell Solicitors

The question is - is this debt statute-barred? Has court action actually considered? Is this just an act of desperation to secure part of the debt?
I've always just ignored these letters, I don't want to give in to these guys.  
What should I do? Any advice would be appreciated

Thanks

sourcrates

Hi,
You have received Lowell`s usual run of collection letters, which range from discount offers to threats of litigation.

What is the default date for the account ?

That is the "cause of action" date, 6 years from that date, it will be statute barred, as long as no payment, written acknowledgment or legal action, has been taken.

tetleytea1

@sourcrates
Is the default date the final payment made to the original creditor? The original credit's account was opened in 2012, and a missed payment was made in June 2014. Therefore no payments were made to them in 2014. 
I have not made a single payment to Lowell.
I suspect this is statute barred, or at least, coming up to that point very shortly. 

fizzy123

They did the same with me but I wasn't given any discount whatsoever, I think they only do it to scare you, I had one with a different debt company kept sending me letters about court etc but I ignored them and haven't heard back since because its been over 6 years lol, doesn't show on my file either. 

sourcrates

tetleytea1 said:

@sourcrates
Is the default date the final payment made to the original creditor? The original credit's account was opened in 2012, and a missed payment was made in June 2014. Therefore no payments were made to them in 2014. 
I have not made a single payment to Lowell.
I suspect this is statute barred, or at least, coming up to that point very shortly. 

The default date will be noted in the entry on your credit file.
If the entry no longer shows on your file, its likely to be older than 6 years, and will be statute barred , as long as the other actions listed above were not taken.

tetleytea1

@sourcrates
I think I may just take these guys up on the offer of the 60% discount, but here's a question that I'm quite paranoid about.
If I ring these guys to accept the offer, can they legally claim that the offer did not exist? And then attempt to try and take the full lot? 
What I worry the most about is that if it is statute-barred, then they make a CCJ claim and then claim interest & court fees from me?

fatbelly

They are offering increasing discount because they are unsure that they could get a ccj against you. That may be because they do not have sufficient paperwork (just successfully battered them into sending a notice of discontinuance re a mobile phone debt from 2016) or because the debt is statute barred.

If you could tell us what the default date is we could very quickly tell you if it's the latter. It should clearly be recorded on the entry on your credit file, with all three credit reference agencies- the free versions being clearscore, mse credit club and credit karma

There's no need to pay them anything at the moment

sourcrates

tetleytea1 said:

@sourcrates
I think I may just take these guys up on the offer of the 60% discount, but here's a question that I'm quite paranoid about.
If I ring these guys to accept the offer, can they legally claim that the offer did not exist? And then attempt to try and take the full lot? 
What I worry the most about is that if it is statute-barred, then they make a CCJ claim and then claim interest & court fees from me?

Yes they can claim anything, that is why get agreement in writing first, and never rely on what`s said on the phone, you need a legal paper trail to keep as evidence.

Your worry about a CCJ is easily put to bed, if they start a claim on a statute barred debt, then by its very nature, you have a defense don`t you.

You appear to be grasping at straws that may upset the apple cart, with regard to the default date, it will be clearly shown on your credit file, just look and see, then you are not guessing at what might be all the time.