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Statute Barred /Deed of Assignment

Madmick101
Posts: 3 Newbie

I defaulted on 2 credit cards about 20 yrs ago and these where "assigned " 1 = Lowell 2= Cabot
I agreed to pay via direct debits which I have done so. However I have become a where that these companies most likely don't have a Deed of Assignment, so perhaps couldn't legally of demanded money . I wrote to them asking for a SAR under the GDPR article 15 and to include the Deed of Assignment . I have received a lot of paperwork and some statements but they have refused the Deed and say I am not entitled to see it.
I have stopped my direct debit to Lowell and they are insistent I make another, they now wont discuss the Deed with me as they say the account is Statute Barred and I cant have it discussed in court
The Statute Barred means it can no longer be claimed through the courts presumably due to the time scale but as I have been paying am i liable still ?
Can I ask for a refund under Direct Debit Guarantee ? .
I agreed to pay via direct debits which I have done so. However I have become a where that these companies most likely don't have a Deed of Assignment, so perhaps couldn't legally of demanded money . I wrote to them asking for a SAR under the GDPR article 15 and to include the Deed of Assignment . I have received a lot of paperwork and some statements but they have refused the Deed and say I am not entitled to see it.
I have stopped my direct debit to Lowell and they are insistent I make another, they now wont discuss the Deed with me as they say the account is Statute Barred and I cant have it discussed in court
The Statute Barred means it can no longer be claimed through the courts presumably due to the time scale but as I have been paying am i liable still ?
Can I ask for a refund under Direct Debit Guarantee ? .
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Comments
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A quick summary.
You won't get a refund but there may be a legal argument if you live in Scotland. Do you?
You are not entitled to see the deed. It would not be an individual one as these things change hands in bulk.
If they have confirmed it is statute barred then you can stop paying and that is the end if the matter.
However it would only be statute barred under England/Wales law if there had ever been a six-year period when you did not acknowledge the debt by payment or in writing. Was there?0 -
i have been paying until recently
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But the debts are very old. Could there have been a 6-year period before you started payin, when you did not acknowledge the debt?0
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No I actually started paying early on foolishly i agree but the info wasnt freely available as it is now ( and to be honest its still a little clouded in untruths and shadows)0
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