Lowell help needed!

mmikailian

Thank you for this, so I will get my partner to send the previous letter again and sign it ? 

mmikailian

Many thanks I will get him to write now 

mmikailian

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...

ThatKiss

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...

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.

In short, you'd currently be 5 years from being statute barred going by the last payment date of August 2019.

fatbelly

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.

gizmo111

ThatKiss said:

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...

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.

In short, you'd currently be 5 years from being statute barred going by the last payment date of August 2019.

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.

sourcrates

Barclaycard debt is statute barred, Sigma debt is not, if those dates are correct.

mmikailian

What’s the next step ? Offer a payment?