Lowell threatening with 4 months until statute barred

sourcrates

Lets just get one thing crystal clear, these companies are tracing companies, they will not be acting as a debt collector, their job is simply to get you back in touch with Lowell, they won`t want money, or anything like that, they will simply say you have a personal matter with Lowell that requires your attention, that`s it, its sumat and nowt, designed to play mind games with you, all part of the game, don`t think any more of it than that.

Its also good to research these things, bailiffs cannot be instructed without an active CCJ, and it would only be a county court bailiff it that happened, they are employees of the court, so much easier to deal with than the HCEO`s you see dressed like Rambo on the telly.

Catonthemoon

https://forums.moneysavingexpert.com/discussion/comment/81934304#Comment_81934304

Yeah, not very surprising. Their thinking being 50% of something is better than 100% of nothing!!

redparrot69

just had an email from resolve call about a home visit 😱

Rob5342

https://forums.moneysavingexpert.com/discussion/comment/81954785#Comment_81954785

It's all part of their game to try and scare and intimidate people with the aim of prompting contact. If they turn up then just ask them to leave or don't answer the door in the first place.

Having them involved should delay things a bit more while the statute barred clock runs down. If they send a letter before action then you will need to respond.

sourcrates

Do nothing for now, let this all play out, as you need things to slow right down to get past the end of July.

Let Resolvecall do their thing, they are harmless, it needs to stay with them for as long as possible.

If Lowell get legal with you, they will first assign the debt to Overdales, there tame solicitor, who will then go through there series of standard letters with you, depending on how near to the statute barred date you may be, or first contact could be an LBA, it will be a case of wait and see what happens I`m afraid.

redparrot69

does statute barred run from the first missed payment or when the company class it as a default? My first missed payment was January 2020. They classed it as a default in July 2020

Rob5342

It runs from the default date, and gets reset each time you make a payment to r acknowledge the debt you in writing (by making a settlement offer etc)

redparrot69

https://forums.moneysavingexpert.com/discussion/comment/82003463#Comment_82003463

ok so I’m sitting tight until July 31st?

sourcrates

Just to add some clarity to this, as the 2019 appeal court ruling asked more questions than it answered.

Doyle v PRA Group, the outcome at appeal was that the "cause of action" date for creditcard debt, would be the expiry date of the default notice your lender should have sent you.

So this would typically be 14 days after the date it was sent, and could be anything up to two months prior to an actual default being registered on your credit file.

If a default notice was not sent, you would have an absolute defence to any court claim, where the limitation act was relied on as a defence, as the cause of action date could legally not be determined.

Interestingly it states this applies to creditcard debt, it does not mention loans, or any other form of credit.

redparrot69

it’s now only 36 days until my default becomes statute barred and is removed from my credit file. Resolve Call still ring me every few days and leave voicemails asking me to call them which I haven’t done.
do you think Lowell will bring out the big guns soon?