Lowell - Credit File and Statute Barred

DebtWarrior

Hi
I have 3 accounts which were sold to Lowell. They have all been with Lowell between 4-5 years now.   I have not paid anything to them at any stage and I also did the 3 letter process but they did not wipe the balance like they do a lot of people. 

So the continued “missed payments” on my credit file is keeping my score very low. Is there anything I can do about this?

Can they be statute barred after 6 years or is there even a technicality that they would be already as payments wouldnt have been made to original creditors presumably for some time before they were sold to Lowell. 

Any advice appreciated please. 

sourcrates

Well I bet they had a good laugh at the "3 letter process" what was there response to that ?
Did they provide evidence of your liability ?

(That is what the 3 letter process purports to extract from the creditor, when in fact, all you need do is simply ask for evidence of your liability for the debt, and that`s it, the 3 letter thing was dreamt up by some freeman of the land types who disassociate themselves from the law of the land or the consumer credit act, and instead use the Law of Contract & Property Rights Act 1926, as a backbone for there dispute process, its mostly rubbish and does not apply to consumer credit act debts and never has, there agenda may be the same, but there methods have been thrown out of every court its ever been tried in).

By sending such letters, you may have re-started the statute barred time clock, it would depend on the exact wording, the "provit" letter we use, is specifically worded so as not to acknowledge the debt at all, and is therefore CCA compliant, there template letters may not have been.

The defaults will stay for 6 years, they will only become statute barred after 6 years of either non payment, or written acknowledgement by you.

DebtWarrior

In fairness it worked for thousands of others. They of course produced the original CCA. Am I not right in thinking then that if a debt is sold on and I havent entered an agreement with a DCA then it is unenforceable?

fatbelly

I'm sorry that's another myth. The rights and responsibilities are sold to the debt buyer so they can take court action if they wish.

As sourcrates says, without looking at the exact letters you sent it's impossible to give an opinion on whether they would constitute acknowledgement. At the end of the day it's not our opinion but a court's that would count anyway.

If you have not made a payment to this in six years, then you do at least have an argument that this is statute barred, provided that this is six years since the default date. Other than that you don't seem to have an unenforceability argument as things stand

sourcrates

DebtWarrior said:

In fairness it worked for thousands of others. They of course produced the original CCA. Am I not right in thinking then that if a debt is sold on and I havent entered an agreement with a DCA then it is unenforceable?

All rights and privileges of the original creditor pass over to the new owner on sale of a debt.
The only reason why this would work, is as I stated above, is if they could not produce evidence of liability, that`s it, full stop, it all rests on that point.

All this not entering into contract etc etc is a complete myth, you only need ask them to prove liability, one letter, nothing more, don`t complicate the issue.

DebtWarrior

So in a nutshell, I need to just suck it up and make an arrangement to pay?

Thanks for the responses. 

fatbelly

You can continue to ignore them if you wish. Not all debts see court action. They will go statute barred at some point.

Full & final settlement negotiations using the National Debtline standard letter (which doesn't acknowledge the debt) would be another option.

You may also have some insolvency options.