Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • GothicStirling
    • By GothicStirling 6th Apr 18, 4:08 PM
    • 1,112Posts
    • 844Thanks
    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 1
    • sourcrates
    • By sourcrates 6th Apr 18, 4:16 PM
    • 15,718 Posts
    • 14,783 Thanks
    sourcrates
    • #2
    • 6th Apr 18, 4:16 PM
    • #2
    • 6th Apr 18, 4:16 PM
    Your defence is short and simple.

    An action founded on tort shall not be brought after the expiration of six years from the date on which the cause of action accrued.

    No payment or written acknowledgment has been made to this account in over six years, therefore the claimants claim is denied under section 5 Limitations act 1980.
    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 6th Apr 18, 4:57 PM
    • 12,975 Posts
    • 10,045 Thanks
    fatbelly
    • #3
    • 6th Apr 18, 4:57 PM
    • #3
    • 6th Apr 18, 4:57 PM
    I think your last post said


    Received a reply from Cohen and Cramer today (3 months later!) A weaseling letter saying if I don't come up with a settlement offer in 30 days they will commence legal proceedings. The Statement that accompanies the letter proves that I have not made a payment since 1/11/2011, and I have not made contact since.
    Presumably the claim is dated around 1/4/2018. They are far too late.

    Let's see what nonsense they come up with when you put in a defence.
    • GothicStirling
    • By GothicStirling 26th Apr 18, 4:28 PM
    • 1,112 Posts
    • 844 Thanks
    GothicStirling
    • #4
    • 26th Apr 18, 4:28 PM
    • #4
    • 26th Apr 18, 4:28 PM
    Okay, this is probably part of the nonsense (but I'm panicking now).

    I received a letter today from Lowell saying Notice of Pending County Court Judgment, they had not received any response, and threats of Baliffs etc. So I've logged onto moneyclaim, and they say they have received my Defence. Is this just a last ditched attempt to get me to cough up?
    • sourcrates
    • By sourcrates 26th Apr 18, 7:55 PM
    • 15,718 Posts
    • 14,783 Thanks
    sourcrates
    • #5
    • 26th Apr 18, 7:55 PM
    • #5
    • 26th Apr 18, 7:55 PM
    Okay, this is probably part of the nonsense (but I'm panicking now).

    I received a letter today from Lowell saying Notice of Pending County Court Judgment, they had not received any response, and threats of Baliffs etc. So I've logged onto moneyclaim, and they say they have received my Defence. Is this just a last ditched attempt to get me to cough up?
    Originally posted by GothicStirling
    Most likely yes.

    The letter is intended to induce panic, it actually means nothing.

    They have your defence, job done, stay calm.
    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/
    • GothicStirling
    • By GothicStirling 27th Apr 18, 5:13 PM
    • 1,112 Posts
    • 844 Thanks
    GothicStirling
    • #6
    • 27th Apr 18, 5:13 PM
    • #6
    • 27th Apr 18, 5:13 PM
    Okay, sanity has returned. Recieved a letter from the court saying they are serving my Defence on Lowell. The ball is now in their court.
  • National Debtline
    • #7
    • 27th Apr 18, 5:45 PM
    • #7
    • 27th Apr 18, 5:45 PM
    Hello GothicStirling


    Glad to hear you have had that confirmation from the court. Be prepared to take everything you hear/receive from the claimant with a healthy dose of scepticism.


    Dennis
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • fermi
    • By fermi 30th Apr 18, 9:58 AM
    • 39,596 Posts
    • 47,570 Thanks
    fermi
    • #8
    • 30th Apr 18, 9:58 AM
    • #8
    • 30th Apr 18, 9:58 AM
    Be prepared to take everything you hear/receive from the claimant with a healthy dose of scepticism.
    Originally posted by National Debtline
    Especially from Lowells!
    I'm a Board Guide on the Debt-Free Wannabe, Bankruptcy, Credit Cards and Loans boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Any views are mine and not the official line of moneysavingexpert.com. Board guides are not moderators. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com

    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
    • GothicStirling
    • By GothicStirling 2nd May 18, 5:35 PM
    • 1,112 Posts
    • 844 Thanks
    GothicStirling
    • #9
    • 2nd May 18, 5:35 PM
    • #9
    • 2nd May 18, 5:35 PM
    Okay. Today I received Notice of Proposed Allocation to the Small Claims Track. Advice on how to proceed?
    • fatbelly
    • By fatbelly 2nd May 18, 6:44 PM
    • 12,975 Posts
    • 10,045 Thanks
    fatbelly
    Small claims is correct for claims under 10k.

    Just fill in the Directions questionnaire (if that's what you have) and send it back to the court (copy to claimant solicitor). You don't have to agree to mediation, though there is no harm in it. State your nearest court. Give any dates you are unavailable (I think the form says in the next 6 months). Sign the form
    • GothicStirling
    • By GothicStirling 23rd Jun 18, 12:46 PM
    • 1,112 Posts
    • 844 Thanks
    GothicStirling
    Okay, I've had a new letter from Lowell claiming that it is not statute barred. Their reasoning:

    "Section 5 Limitations Act 1980.
    An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.
    The date the cause of action accrues, in this matter on the expiry of the fixed sum loan agreements.

    The Facts

    Date of Agreement Expiry of Agreement

    16/6/2010 10/4/2013
    14/9/2011 14/9/2012


    Is this correct?
    • sourcrates
    • By sourcrates 23rd Jun 18, 12:53 PM
    • 15,718 Posts
    • 14,783 Thanks
    sourcrates
    Okay, I've had a new letter from Lowell claiming that it is not statute barred. Their reasoning:

    "Section 5 Limitations Act 1980.
    An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.
    The date the cause of action accrues, in this matter on the expiry of the fixed sum loan agreements.

    The Facts

    Date of Agreement Expiry of Agreement

    16/6/2010 10/4/2013
    14/9/2011 14/9/2012


    Is this correct?
    Originally posted by GothicStirling

    What type of debt was it originally ?
    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/
    • GothicStirling
    • By GothicStirling 23rd Jun 18, 1:41 PM
    • 1,112 Posts
    • 844 Thanks
    GothicStirling
    Provident Doorstep.
    • fatbelly
    • By fatbelly 23rd Jun 18, 1:52 PM
    • 12,975 Posts
    • 10,045 Thanks
    fatbelly
    Let's see what nonsense they come up with when you put in a defence.
    Originally posted by fatbelly
    The date the cause of action accrues, in this matter on the expiry of the fixed sum loan agreements.

    The Facts

    Date of Agreement Expiry of Agreement

    16/6/2010 10/4/2013
    14/9/2011 14/9/2012


    Is this correct?
    Originally posted by GothicStirling
    Of course it's not. If you had paid up to the date the agreement expired, there would be no debt!

    I thought at least they would invent a payment or find some obscure caselaw.
    • GothicStirling
    • By GothicStirling 23rd Jun 18, 2:16 PM
    • 1,112 Posts
    • 844 Thanks
    GothicStirling
    Thanks. So Cause Of Action started the week after my last payment/default on 1/11/11, when I moved home (which I advised Provident of). My contract clearly states "repayments of 5.25 for 50 weeks from the date the agreement was made with agent (30/9/11)." So they can't start to argue now that there is no set date for repayment?

    What !!!!es me off, is that my sister took a loan the same day, but has a letter saying that they are no longer pursuing the debt and have closed the account. Why are they then pursuing me through the courts?

    What is my next move?
    • sourcrates
    • By sourcrates 23rd Jun 18, 2:22 PM
    • 15,718 Posts
    • 14,783 Thanks
    sourcrates
    Let's see what nonsense they come up with when you put in a defense.
    Originally posted by fatbelly

    And, as Lowell are never one to let us down, here it is................


    I see these so called reasons why a creditor believes a debt is not statute barred, and i swear most of these decisions are made by 12 year olds on a school project.


    In your case, the cause of action date, is the date of your last payment, or for arguments sake, when the last missed payment became due, stick to your defense, there entire mission now is to cast doubt in your mind..................do not let them succeed.
    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/
    • GothicStirling
    • By GothicStirling 23rd Jun 18, 2:26 PM
    • 1,112 Posts
    • 844 Thanks
    GothicStirling
    Thanks, I won't.
    • WillGoodfellow
    • By WillGoodfellow 24th Jun 18, 1:02 PM
    • 21 Posts
    • 14 Thanks
    WillGoodfellow
    Okay, I've had a new letter from Lowell claiming that it is not statute barred. Their reasoning:

    "Section 5 Limitations Act 1980.
    An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.
    The date the cause of action accrues, in this matter on the expiry of the fixed sum loan agreements.

    The Facts

    Date of Agreement Expiry of Agreement

    16/6/2010 10/4/2013
    14/9/2011 14/9/2012


    Is this correct?
    Originally posted by GothicStirling

    Statute barring is calculated from the date of the default notice, not the end of the agreement or the date of the last payment (unless you have made a payment since the default or admitted the debt in writing). You can request the default date from Lowell or request a statutory credit report from Equifax, Experian or Callcredit which is now free since the GDPR was introduced. Your credit report will show the default date if it is within the last six years.
    Last edited by WillGoodfellow; 24-06-2018 at 1:12 PM.
    • WillGoodfellow
    • By WillGoodfellow 24th Jun 18, 1:05 PM
    • 21 Posts
    • 14 Thanks
    WillGoodfellow
    What !!!!es me off, is that my sister took a loan the same day, but has a letter saying that they are no longer pursuing the debt and have closed the account.
    Originally posted by GothicStirling

    If your sister defaulted on the account earlier, the statute barring date would also be earlier.
    • sourcrates
    • By sourcrates 24th Jun 18, 1:19 PM
    • 15,718 Posts
    • 14,783 Thanks
    sourcrates
    Statute barring is calculated from the date of the default notice, not the end of the agreement or the date of the last payment (unless you have made a payment since the default or admitted the debt in writing).
    Originally posted by WillGoodfellow

    It can depend on the type of debt, but essentially that is not normally the case.


    The time clock normally starts either from the date of last payment or written acknowledgement, or the date of your last missed payment.


    It is a myth perpetrated by companies such as Lowell that the default date constitutes the cause of action date, that can be the case with some debts, for example an overdraught where you do not make any regular payments, but for most simple contract debts the former applies.


    https://www.nationaldebtline.org/EW/factsheets/Pages/time-limits-for-recovering-debts/statute-barred-debt.aspx
    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/
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

237Posts Today

1,941Users online

Martin's Twitter
  • Watching Theresa May... seriously would anyone in their right mind truly want her job right now!

  • RT @thecheekypostie: @MartinSLewis Thanks to this, I have just skim read it. To those in Scotland - on page 548, Dounreay is mentioned by n?

  • Today's twitter poll: The 585 page draft agreement of the withdrawal of the UK from the EU has been published. A? https://t.co/8YLkPyzqYM

  • Follow Martin