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Lowell threatening with 4 months until statute barred
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only 7 days to go until it’s removed from my credit file
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just had a visit from Resolvecall but didn’t answer the door. The default is due to come off my credit file on the 31st July, so in 4 days time. Surely it’s statute barred already?
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I would say you are likely over the line with this one, if Lowell get too annoying going forward, you can now send them the statute barred letter, but don`t rush into doing that just yet.
I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter1 -
That's probably a good thing as it will hold things up for a bit until Resolvecall give up.
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so I’m clear after the 31st July?
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Any update to this? i am in a simular situation with them with only a month left to statue-barred.
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I was taking my statute barred date as 11th November 2026 but someone's comment earlier in the thread has now made me question this. I stupidly made two 'without prejudice' offers to settle the debt - in October 2023 to Lowell and November 2023 to Resolvecall, both went unanswered/totally ignored.
I am guessing I've been foolish and that the actual statute barred date is 6 years from that last settlement offer?
Lowell have consistently emailed fortnightly and sent a monthly letter, and it has now been 9 weeks with nothing…
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…and as if by magic, a reassuringly unthreatening template email just came through from Lowell… it's like they are reading the Forum!
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Please don't respond to them. It may be that "without prejudice" saved your bacon. Need more experienced advisors to respond.
If you've have not made a mistake, you've made nothing0 -
The standard case law on this is Bradford & Bingley v Rashid (2006) https://publications.parliament.uk/pa/ld200506/ldjudgmt/jd060712/brad-1.htm
As I understand it, the House of Lords distinguished between an offer in the course of negotiations to settle a debt that was not disputed - here an offer constituted an acknowledgement of the debt even if marked without prejudice - and negotiations as an attempt to compromise when the debt was disputed.
I suggest you talk to National Debtline on 0808 808 4000 for more details.0
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