Help Needed

JShaw101

Hi, thank you. It's my first post here. I've looked at other posts but can't find any similar to my problem. I was sacked from work in 2016 through mental health issues. My husband of 55 years of age was severely beaten up in front of me and I was taking time off to care for him and my mental health and they finished me. I applied for the PPI to be paid on my Shop Direct account. Shop Direct ignored all my correspondence and sold my debt to Lowell Financial. Lowell Financial were my previous employer who actually sacked me. I  have sent them a email to say the debt was missold. They replied with a generic email of "how did we do today" I have now received a court action letter saying i need to pay within 7 days or bailiffs are coming. Officially the debt is statute barred. I don't know where to turn next. Can anyone help? Thank you 

RAS

Hi One of the most important threads on this forum is just above your post; the letters thread.

Although you believe the debt is statute barred, it might be worth sending the prove it letter first Letter when you know nothing about about the debt - AKA "Prove it" letter — MoneySavingExpert Forum.

If they have taken any previous action, you will find out without acknowledging the debt. 

JShaw101

Thank you so much. I did see that letter when I was searching the forum and wondered if I should use it. I will do that right now. 

RAS

OK, report back when you hear from Lowell.

sammyjammy

What is it that makes you think its statute barred?

JShaw101

The last time I had contact with Shop Direct was 2016. If I get nowhere with this then it was definitely missold to Lowell as I had already contacted Shop Direct explaining the reason I was claiming my payment protection. The correspondence was ignored and then I start to receive letters from Lowell. Laughingly the ones that got me in the mess to start with. 

sourcrates

Nothing was mis-sold, just because a debt may be statute barred does not prevent a creditor from selling it, asking you to pay it, or reporting to your credit file, all it does is stop them taking legal action to recover it.

Can you explain what you mean by this -

"I have now received a court action letter saying i need to pay within 7 days or bailiffs are coming".

What exactly have you received?

A letter before action, just a threatening letter about what they could do, or an actual claim form?

Baillifs cannot turn up without a CCJ already being granted, so that is fallacy, and is usually a last resort anyway, not a first response.

peteuk

The PPI may have been miss sold but the debt wasn’t.  When did you ask them about the PPI.  Because this may be proof that the debt is yours and if it was after 2016, then the 6 years time bar status will restart.