Reply from Lowell

JibberdyDacodo

Sent a ProveIt letter to Lowell, for a debt that defaulted in 2019 (has come off my credit report) but had been paying - last payment was in Jan 2025.

Received this in response - is this sufficient to prove the debt?

(2. Is their claim that I was paying the debt enough to reset the clock for Statute Barring, or can I ask them to prove that it was me?)

ManyWays

Paying a debt will prevent it becoming statute barred.

I suggest you give up on the prove it, and instead ask Lowell to produce the CCA agreement for the debt, see https://nationaldebtline.org/get-information/guides/credit-agreements-getting-information-ew/ which has a template letter to use

fatbelly

I agree. It's not statute barred and you were not claiming it was. You are asking them to prove it is yours.

Have they done that? Not really.

Ultimately they need to show a copy of the original agreement and it appears they don't have it

So take advantage of the Consumer Credit Act while we have it and make a formal application for it under s77-9. If they can't produce it, the debt is unenforceable

JibberdyDacodo

Ok. Thank you.

If they can't produce the CCA it becomes unenforceable even though I've been paying?

(Payments don't count as an admission?)

fatbelly

We're not talking about unenforceability under the Limitation Act statute barring). Won't happen till 2031, assuming the law stays the same.

We're talking about unenforceability under the Consumer Credit Act

Many Ways has provided the link

JibberdyDacodo

Thanks for clarifying.