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Lowell help needed!
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Thank you for this, so I will get my partner to send the previous letter again and sign it ?0
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Many thanks I will get him to write now0
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So sent a letter last week and now there are saying following my email ? They wouldn’t accept and email last week ?So question is they said they tried to take payment in sept 2019 and it wasn’t successful and there paper work is saying it was not successful the letter contradicts its self!They even show the account was in default from 2010 and there them saying it can’t be barred doesn’t sound right any help please...

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They're showing successful payments in August last year - if you've been making payments then the date the default was applied is irrelevant. As the letter states, the timer for statute barring starts from the more recent of the default date or acknowledgement of the debt being yours. Making payments counts as acknowledgement.mmikailian said:They even show the account was in default from 2010 and there them saying it can’t be barred doesn’t sound right any help please...
In short, you'd currently be 5 years from being statute barred going by the last payment date of August 2019.0 -
Their letter claims that these accounts are not 'statue barred' (we know what they mean) but does not explain that the relevant incident is whether a payment was in fact made on 1 August 2019 and, if so, was there ever a period of 6 years on the Barclaycard debt when you did not acknowledge the debt by payment or in writing?
As for the Sigma debt, only if there was never a payment made to Lowell, is that now statute barred.0 -
The debt would have been statute barred in 2016, if there was no acknowledgement or payment in that 6 year period. Making a payment or acknowledging a statute barred debt does not make it un statute barred and therefore it will remain unenforceable.ThatKiss said:
They're showing successful payments in August last year - if you've been making payments then the date the default was applied is irrelevant. As the letter states, the timer for statute barring starts from the more recent of the default date or acknowledgement of the debt being yours. Making payments counts as acknowledgement.mmikailian said:They even show the account was in default from 2010 and there them saying it can’t be barred doesn’t sound right any help please...
In short, you'd currently be 5 years from being statute barred going by the last payment date of August 2019.Mama read so much about the dangers of drinking alcohol and eating chocolate that she immediately gave up reading.0 -
Barclaycard debt is statute barred, Sigma debt is not, if those dates are correct.
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-letter0 -
What’s the next step ? Offer a payment?0
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