Lowell debt help please

System

This discussion was created from comments split from: Lowell Do I still need to keep paying them for old debt.

Mycatlillyann

Hi just wondering can anyone help. Lowell have been in contact regarding a debt the last payment I made was 2018. On my credit file it states default 2019. I sent them a statue barred template letter. they sent a letter back saying I made a payment in 2023 which I never did. Just need help as to where to go from here do I answer them?also would the statue barred be this year as my last payment was 2018 or is from next year from the default date. Also I never had a dafault letter 

sourcrates

I have put this is in a new thread for you.

The cause of action date is deemed to be the date of default, so this account would not have been statute barred until next year.

Unfortunately you will now have re-set the clock by a further 6 years by acknowledging the debt in writing prior to the limitation period ending.

You have to be 100% sure of your position before you start sending letters about statute barred debts.

I have done a similar thing in the past and I am supposed to know how to deal with such companies.

fatbelly

Yes, unfortunately the rules changed - or at least got clarified.

You can continue to hold out but if they send you a preaction protocol letter - the sort that comes with a standard form and 30-day limit - you have to engage

Mycatlillyann

Thank you for replying So even if I sent the template letter not admitting the debt it goes on for another 6 years.. I also have evidence that the last payment was in 2018 

sourcrates

Mycatlillyann said:

Thank you for replying So even if I sent the template letter not admitting the debt it goes on for another 6 years.. I also have evidence that the last payment was in 2018 

You stated that you sent the "statute barred letter" by definition that will admit the debt.

An appeal court decision in recent years confirmed the default date to be the cause of action date, not the date of the last payment, for credit cards and loans.

fatbelly

Lowell may just work from the default date. So if the default was say June 2019 then they will take a decision before June 2025 on whether it is worth starting a court claim.

You may get offers to settle. You may get a preaction letter. See what comes.

Mycatlillyann

Thank you  it so it is going to be a long 6 years 

Mycatlillyann

Yes il hold out to see what comes next can I make an offer to pay say half.. The debt is about £3000 

sourcrates

Well if partial settlement is your strategy, you should perhaps first do a CCA request to determine whether the debt can be enforced or not, lack of required documents would render the debt unenforceable and you could choose to settle for an amount they would accept, or just walk away.

Mycatlillyann

Oh fab  how do I go about requesting that