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  • FIRST POST
    • GothicStirling
    • By GothicStirling 6th Apr 18, 4:08 PM
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    GothicStirling
    Statute Barred Debt Lowell (Part II)
    • #1
    • 6th Apr 18, 4:08 PM
    Statute Barred Debt Lowell (Part II) 6th Apr 18 at 4:08 PM
    Started a new thread as the previous one has been locked. http://forums.moneysavingexpert.com/showthread.php?t=5749838

    Yes, they are that stupid, and have now sent me County Court Papers. Advice on how to contest claim, under Statute Barred legislation?
Page 3
    • GothicStirling
    • By GothicStirling 31st Oct 18, 8:41 PM
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    GothicStirling
    So doing a little research. Lowell's justification of cause of action (they say) can be found in chapter 7 of the FCA handbook. Can anyone point me to the clause, because I can't find anything in there about cause of action and expiry date of the loan.
    • Debt_suvivor
    • By Debt_suvivor 31st Oct 18, 8:56 PM
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    Debt_suvivor
    Crikey peeps read stepchange! Itís not a blooming myth! They cannot bring about legal action until an account has been defaulted.
    They ainít stupid itís a multimillion pound international business thatís gorverned by FCA. Debt recovery is heavily monitored do you honestly think they would risk it if it was a statute barred account?! Didnít think so
    • fatbelly
    • By fatbelly 31st Oct 18, 10:26 PM
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    fatbelly
    So doing a little research. Lowell's justification of cause of action (they say) can be found in chapter 7 of the FCA handbook. Can anyone point me to the clause, because I can't find anything in there about cause of action and expiry date of the loan.
    Originally posted by GothicStirling
    As usual, that is complete nonsense.

    There are however some relevant paragraphs which they ignore:

    7.15.7. It is misleading for a firm to suggest or state that a customer may be the subject of court action for the sum of the statute barred debt when the firm knows, or reasonably ought to know, that the relevant limitation period has expired.

    7.15.8. A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred.

    A
    • GothicStirling
    • By GothicStirling 1st Nov 18, 8:36 PM
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    GothicStirling
    As usual, that is complete nonsense.

    There are however some relevant paragraphs which they ignore:

    7.15.7. It is misleading for a firm to suggest or state that a customer may be the subject of court action for the sum of the statute barred debt when the firm knows, or reasonably ought to know, that the relevant limitation period has expired.

    7.15.8. A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred.

    A
    Originally posted by fatbelly
    That's what I thought. All this is going in my witness statement.
    • GothicStirling
    • By GothicStirling 1st Nov 18, 8:38 PM
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    GothicStirling
    Debt recovery is heavily monitored do you honestly think they would risk it if it was a statute barred account?! Didnít think so
    Originally posted by Debt_suvivor
    Maybe its because they are chancers, who would rather frighten debtors into paying rather than going to court?
    • GothicStirling
    • By GothicStirling 9th Nov 18, 4:55 PM
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    GothicStirling
    So, I've received WS from Lowell, with the same old 'Not Statute Barred.' Same evidence: Statement of Account and contract (minus full terms and conditions). No compliant default notice and nothing demonstrating that COA starts at the end of the fixed-term loan period from the contract. So I'm working on the basis that they're hoping I won't show and win by default.

    Not happening.
    • GothicStirling
    • By GothicStirling 10th Nov 18, 12:20 PM
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    GothicStirling
    Okay, had a good read of Lowell's WS:

    "The fixed terms on which the Agreements expired and accordingly no Default Notice in Consumer Credit Act prescribed form was required because before the Assignor sought to enforce, terminate or assign the benefit of account, the fixed terms under the Agreements expired and the full balances had fallen due in the normal course of time rather than by any term or condition providing that early repayment would fall due on default."


    and


    "For completeness the Claimant is nevertheless told by the Assignor and believes that a Default Notice was served on the 6th June 2012. No copies can now be located and this is not relied upon or relevant".

    Can anyone explain that in English for me?
    • sourcrates
    • By sourcrates 10th Nov 18, 1:07 PM
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    sourcrates
    Okay, had a good read of Lowell's WS:

    "The fixed terms on which the Agreements expired and accordingly no Default Notice in Consumer Credit Act prescribed form was required because before the Assignor sought to enforce, terminate or assign the benefit of account, the fixed terms under the Agreements expired and the full balances had fallen due in the normal course of time rather than by any term or condition providing that early repayment would fall due on default."


    and


    "For completeness the Claimant is nevertheless told by the Assignor and believes that a Default Notice was served on the 6th June 2012. No copies can now be located and this is not relied upon or relevant".

    Can anyone explain that in English for me?
    Originally posted by GothicStirling

    What they are trying to say is that they only became involved after the fixed term loan agreement ended, so there was no requirement to send a default notice, they then go on to say they believe one was sent anyway, but cannot now locate a copy of it.


    Failure to send or provide a copy of a default notice, on its own, can be remedied by sending another one, so not on its own a major breech, but as Di said in earlier posts, the more you can trip them up on the better.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • fatbelly
    • By fatbelly 10th Nov 18, 1:20 PM
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    fatbelly
    Serving a default notice on 6 June 2012 should infer that there were missed payments starting somewhere between 6 December 2011 and 6 Mar 2012, if Provident followed ICO guidance

    As your last payment was 1/11/2011 that just about fits. Maybe that payment was not actually due until the 6th of the month

    Of course a court claim on or around 1/4/2018 is too late. If the only date they had was the default date they should have started the claim within 5.5 years.

    Edit: do we know when they actually bought the debt from Provident? Can we say that it was perfectly possible for them to have started a claim within the relevant period?
    Last edited by fatbelly; 10-11-2018 at 1:27 PM.
    • GothicStirling
    • By GothicStirling 10th Nov 18, 2:33 PM
    • 1,112 Posts
    • 844 Thanks
    GothicStirling
    Serving a default notice on 6 June 2012 should infer that there were missed payments starting somewhere between 6 December 2011 and 6 Mar 2012, if Provident followed ICO guidance

    As your last payment was 1/11/2011 that just about fits. Maybe that payment was not actually due until the 6th of the month

    Of course a court claim on or around 1/4/2018 is too late. If the only date they had was the default date they should have started the claim within 5.5 years.

    Edit: do we know when they actually bought the debt from Provident? Can we say that it was perfectly possible for them to have started a claim within the relevant period?
    Originally posted by fatbelly
    They bought the debt in August 2014, so had 3 years and 3 months in which to have started a claim.


    Court claim is dated 3/4/2018.
    • GothicStirling
    • By GothicStirling 10th Nov 18, 2:41 PM
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    GothicStirling
    How about this as a good one. First Statement of account has the final payment as £10, the second one as 20p (both dated 1/11/11).
    • sourcrates
    • By sourcrates 10th Nov 18, 4:49 PM
    • 15,718 Posts
    • 14,783 Thanks
    sourcrates
    Keep us updated.
    Last edited by sourcrates; 10-11-2018 at 10:31 PM.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
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