Crapital One credit card, last payment made in July 2006, it has been statute barred for just over a year, two letters today from Lowell, one with the Red debt header. This shower have been harassing me for six years, and are now chasing me for a debt that is statute barred, I think I already have a file for this debt somewhere in the archives, will have a look later. What is the most up to date "This debt is statute barred, prove it isn't" letter? Also think it is time I sent a few letters off the the relevant governing body/authority. Trading standards were a complete waste of time and did zilch.

Hello all, Out of the blue a letter dropped in from Lowell, claiming they bought an alleged debt from credit card company/Bank and they actually have stated in their demand, that it was purchased in 2005!! This was Stat Barred in 2009 and the appropriate letters sent to Buch,clark wells acting for Lowell stating it is well and truly Stat Barred. Their reply was an offer for a settlement of 50% less. Next letter approx 1 week later (after I sent Official complaint letter) stating acc, will remain on hold in the interim. New letter from Lowell Portfolio received this week as at first paragraph above. No Acknowledgement or payments have been made to this alleged debt for many many years, way over the Stat Barred period. Are they extracting the water or what? All replies/info will be as usual gratefully received. "EXEMPLO DUCEMUS"

Hi, I've just been reading this forum for hours and although I have read a lot of things that are helpful, I'm still unsure on if this will all be relevant to my case. Hope I am posting this in the right place, etc Yesterday I received a claim form from NCC regarding an old overdraft. Here is the wording on the claim... "This claim is for the sum of 2366.15 in respect of monies due from the defendant under a regulated Credit Agreement pursuant to The Consumer Credit Act 1974. The debt was legally assigned to the Claimant and a notice of such was provided to the Defendant. The Defendant has failed to make contractual payments in accordance with the terms of the agreement. A Default notice has been served upon the Defendant pursuant to Section 87(1) of The Consumer Credit Act 1974 The Claimant claims the sum of 2366.15 which is inclusive on interest" So I know this debt was an old student overdraft from back in my stupid days. The company claiming the money is Lowell and I had no idea who this was so checked my Noddle account online and sure enough there is a debt to them from my old Halifax account so I presume this is the one they are claiming on, even though the claim letter doesn't actually say. Also, if they did send me a letter about them taking over then I don't remember reading it. So on my Noddle account it was last updated 17/06/2013 and the money was a good few hundred pound less which is my first confusion. I opened the account 26/07/2004 and it only states the date of default as being 13/06/2008. Now, I still actually have my old card even though I am pretty sure they wrote to me when they called in my overdraft and told me to destroy it. The end date is 10/07 and I have firstly moved house and been married since having this overdraft which was at least 4 years ago and I don't remember having used this account for a very long time. I am pretty sure it was called in over 6 years ago so I am wondering if this might be considered statute barred, but have no idea how to find out for sure and confused why the default wasn't until 2008. I would like to defend this claim or at least have a go as if it statute barred I don't want to be giving them money when I don't have to as I suspect they might just be trying one last ditch attempt to get something out of me. If it isn't though what would happen next? Would a judgement just be made straight away against me? Also do I have to go to court for all this or is it all just done by letters? I am very confused and a little scared and would really like some help and advice on this and what to do. I apologise if this reads a little confusing too and happy to clarify anything for you. Thank you

Hi, In March 2005, I was involved in a car accident. Although it wasn't my fault, it went knock for knock because it was in a country lane, with no road markings. There was a Motor Traders policy in place at the time but they found a technicality not to pay out. For years I have had the Motor Insurance Bureau and other Debt Collection agencies send letters asking for £7,000 for what was originally a £13,500 claim from the third party. They have just called me again today, and I hadn't heard from anyone for over a year. I have told them to put it in writing and not call me, but I am worried that this isn't going to go away. Can they enforce this debt? If so why haven't they done this already and given a CCJ? Does Statute Barred apply as it wasn't a credit agreement, and the £13,500 debt is from 2005. I am not one to bury my head in the sand, I want it dealt with but I am in no position to pay it. Please can you advise? Many Thanks. L

Ok hi everyone been a while since I have been on here, so here's what has happened I got a letter back in April from Aktiv Kapital about a debt from Nationwide which I have not made a payment according to my credit report since April 2008..... The account is now 9 months from being statute barred.I have heard nothing from Nationwide since 2008 and now I have this letter from Aktiv Kapital saying the account had gone into default in 2009. As I was moving I sent the letter back saying no longer at this address and I have not had any further correspondence, I did put a redirection on our mail. I checked my credit file this morning and there plain as day is a default from Aktiv Kapital. What should I do? If I send them a CCA and they send me the argeement then the counter will go back to zero won't it? Please help I need some advice on what to do next. Tnx

Lowell sent me a letter for a statue barred debt. i decided to call to inform them that i wont be paying anything because its statue barred. there helpful and experienced staff (well that's what it said on the letter) said you got a moral responsibility to manage and pay your debts. i told her since i have never bought or borrowed anything from Lowell they can get stuffed i told her that you took the chance buying a debt for pennies and hopefully try to fleece some hard working famlies and take food of the table to pay money so you can sit on your arse all day and pretend have a job. i asked then her who had morals she has cleared and closed the account

Hello all, Received letter from Lowell, claiming an alleged debt has been sold to them from Lloyds, with an outstanding balance of several hundred pounds, this has been going the rounds for years, since the onset of the Bank Charges Claims, for which we managed a settlement years ago. I am almost certain it will be Stat Barred now. (Busy seeking docs.) Should I send: A) Stat Barred Letter or. 2) Request Letter of Notification of Assignment from Original Creditor under s136 of the Law of Property Act 1926. All information /advice will as usual be gratefully received. "EXEMPLO DUCEMUS"

LOCAL authorities are being suspended, and in some cases permanently barred, from accessing the information held on vehicles and drivers at the Driver and Vehicle Licensing Agency (DVLA), because of constant abuses of the system and flagrant mis-use of data, in complete contradiction to DVLA’s own rules and those of the Data Protection Act. ON 14th May at the Local Authority Civil Enforcement Forum (LACEF)annual conference in Leicester Mr Mike Butler; DVLA Data Sharing Manager gave a speech about the local authorities and their request to DVLA for keeper records. Mr Butler stated the following: “More than 150 councils have been barred at some stage because they have breached motorists’ privacy.We have been warning councils over unlawful spying using anti-terror legislation.” He reiterated the basic rules for local authorities: They can only access DVLA data if it is linked to the offence (usually parking). There must be hard evidence – not a suspicion of wrong-doing. Local authorities must already have the registration number of the vehicle – they cannot ‘fish’ the DVLA records. Local authorities must have a proper audit trail in place. Correct storage and retention of data is important. Mr Butler explained: “With enquiries from local authorities, we experience some serious and some more commonly occurring issues.” These include: Unable to evidence validity of enquiry Incomplete or no audit trail Gathering information for intelligence purposes Personal data retained from erroneous enquiries Altering date of event to obtain keeper details Unauthorised enquiries made through intermediary Absence of a data retention policy Making enquiries without reasonable cause to information Files containing personal data not adequately secured.

Hi, I've been living overseas for almost 5 years and have defaulted on UK several loans\credit cards close to 4 years ago. I have just paid for a search which has come up clear of any CCJ. My question is if a CCJ was to be filed for would it not have already been done so by now. One of my debts has been sold on at least 3 times already but thankfully no CCJ. Also does the 6 year period before the debt can be statute barred start from issue of a CCJ or the date of initial default? Thank you

LOCAL authorities are being suspended, and in some cases permanently barred, from accessing the information held on vehicles and drivers at the Driver and Vehicle Licensing Agency (DVLA), because of constant abuses of the system and flagrant mis-use of data, in complete contradiction to DVLA’s own rules and those of the Data Protection Act. ON 14th May at the Local Authority Civil Enforcement Forum (LACEF)annual conference in Leicester Mr Mike Butler; DVLA Data Sharing Manager gave a speech about the local authorities and their request to DVLA for keeper records. Mr Butler stated the following: “More than 150 councils have been barred at some stage because they have breached motorists’ privacy.We have been warning councils over unlawful spying using anti-terror legislation.” He reiterated the basic rules for local authorities: They can only access DVLA data if it is linked to the offence (usually parking). There must be hard evidence – not a suspicion of wrong-doing. Local authorities must already have the registration number of the vehicle – they cannot ‘fish’ the DVLA records. Local authorities must have a proper audit trail in place. Correct storage and retention of data is important. Mr Butler explained: “With enquiries from local authorities, we experience some serious and some more commonly occurring issues.” These include: Unable to evidence validity of enquiry Incomplete or no audit trail Gathering information for intelligence purposes Personal data retained from erroneous enquiries Altering date of event to obtain keeper details Unauthorised enquiries made through intermediary Absence of a data retention policy Making enquiries without reasonable cause to information Files containing personal data not adequately secured.

Morning CAG I am in bit of a situation and wanted to ask for general advice as I have been left in a frustrating situation. I purchased an iphone 5 with IMEI on 14-Mar-13 and started using this phone on the GIFFGAFF Network The lady I purchased the phone off lived local and explained she bought the phone outright and was on o2 and there were no issues, no alarm bells rang she let me into her house and at the time seemed a really courteous. She said any problems come back and see me. I still have the box for the phone. Around 2 days ago the IMEI was blocked; I have confirmed this with a call to o2 customer services. They cannot disclose the reason why the block was put in place, but explained a block would be put in place for lost / stolen insurance claims. I have not reported the incident to the police yet but i plan on doing this i have made GG aware I visited the lady who I purchased the phone off yesterday and he is refusing the talk about the phone, moment she answered the door could see the look on her face of guilt. So my suspicions are that she has reported the phone stolen when I paid 300£ for the phone a couple of months back, if a phone was stolen / lost I would have thought the handset would be reported missing the day after used on another network for 4-5 months after the sale of the phone. If this is the case a fraudulent claim has been made against the phone and someone needs to be made accountable for these actions. I put the phone on my insurance plan as soon as I purchased the phone, and queried with an agent about proof of usage as I was asked about this in the event of a claim when registering the phone with my insurance company. As this is a malicious case and I have been left with no phone what are my options. As you can understand this is a very frustrating situation for me but in this case I feel I have been a victim of fraud / malicious behaviour. I have the phone here as useless as it is now i am happy to return the handset to the service provider, providing an investigation is made, I understand they cannot divulge information to me under data protection acts. But what has happen here is not fair on honest, hardworking, people like myself. Any advise? Or am i stuck with a 300£ phone that dont work.

Hopefully someone can help me. In Jan 2009 Cabot financial wrote to me with regards to a debt from 2001 with HFC bank. I wrote to them by registered mail stating that the debt was statute barred and never heard back from them. In June 2009 Wescott Credit services wrote about the same debt, asking for payment. I informed them that Cabot had already been told in writing that this was statute barred in the january of that year. Funnily enough they never got back to me on this. In June 2010 It was Mackenzie Hall's turn. They were also told by registered post that the debt had been pursued twice already and declared statute barred twice. They never got back to me either. I have now started receiving phone calls at work from BPO collections with regards to this matter. So far 9 calls in 8 days. I have told them that the debt is statute barred. I have asked them not to call and to contact me in writing only but they are ignoring this. They say that because I won't answer their security questions that anything said doesn't count. Is this true? I would appreciate any advice on this as obviously I don't appreciate being called at work or being chased for something which from my understanding is unchaseable. Thanks in advance

For the last 14 months i have had this motor mouth finance sending me Emails I have had the full circle, Marshall Hoars invisible bailiffs, Northern Debt Recovery, Door step collections, you name it. Not only was the original payday loan paid off in full, but it is also Statute Barred. After a period of three months of nothing from motor mouth, i have just received an email In a final attempt to resolve this matter without Legal Action we will accept 60% of the debt in settlement. If not legal action action will be issued. (I have a land-line contact number with the message) Well i am still ignoring these useless tossers for the moment as i have an ACE up my sleeve They have put a default on my credit file. DATED NOVEMBER 2012 (original loan 2007) and marked it as a MAIL ORDER ACCOUNT It is my intention to hit them with Durkin v DSG Retail Ltd And HFC Bank plc when i am ready

Hi, Just after some general advice. I have checked my credit report as I am hoping to apply for a mortgage soon and I have an outstanding payment owing which has a default date of May 2009 however the last payment made on this account was Dec 2007. Any advice on what my next step should be? I have heard of the Statute Barred but don't know much about it. Thanks P

Hi Many years ago I had a credit card, I defaulted and was chased around a bit by the original lender. One day I called the original lender, whoever I got through to had either just been fired or was having a 'be honest it'll be good for the karma' day. They told me the lender had lost my original credit agreement, no record of it existed and I could stop making payments. Yes, I did fall off my chair! Over the years I've had a few DCA's contact me trying to chase up this debt and I've always ignored them or challenged them to prove the debt exists, the usual suspects, Wescot, Equidebt. Now it's been a very long time since I paid anything or acknowledged the debt in writing, probably around six years, but I don't know the exact date. Recently the pressure has been cranked up, more letters, a batch 'unrecorded' searches on my credit file. Then today I got a letter from yet another DCA, a sub division of Equidebt, threatening not legal action but to "begin a search into your (my) background and build an accurate profile of your finances ad pursue the best form of recovery action". I've no idea what that means, it could just be waffle. I could do nothing - has worked so far - or I could write and tell them the debt is statute barred and suggest they take a long walk off a short pier. However if I'm wrong and the six years isn't quite up could my letter be seen as an acknowledgement of the debt? Is there a way of finding out if my debt is now statute barred? Or should I simply write a 'prove it' letter? ie acknowledging no debt and challenging them to come up with a copy of the original agreement? Doubtless they could cobble together a 'reconstituted' agreement but that's a different story.

I have been asked to complete tax returns since 2002 to present day due to periods of self employment. I have outstanding tax returns from years: 2005-06, 2006-07, 2007-08 I have various fixed penalties for late return and "determinations" for tax owed for these years. In these years, there was no income tax payable. The determinations were based on previous years (and where higher than in previous years as well.) I left the country to live in China in July 2006. I phoned the Inland Revenue to notify them of this, indicating that I was no longer self employed. I didn't have a mailing address to give them where I could actually receive mail so I reluctantly gave them a friend's mailing address. I returned two years later to find mail form HMRC (although a lot seemed to have been lost). Currently i have £5000 of debt to HMRC in the form of determinations and penalties - even though no tax was owed for these periods. My own fault I guess, but I wish HMRC had notified me of what I had to do to prevent this when I contacted them before leaving the country. Can anyone give me any advice? I'm going to a HMRC enquiry centre tomorrow to try and sort things out. I seems that I can't appeal the determinations because the time period has passed. There also seems to be an appeal processes against excessive determinations (which i imagine mine would be), but I think that limit is 6 years. I'm now wondering if any of the charges/determinations can be 'statute barred'. I understand that the statute barred rules don't apply to tax - but is a penalty charge form HMRC 'tax'? Can it be statue barred? What about a "determination"? If I submit a tax return for the years in question to show that no tax was payable (in fact I wasn't even resident for 2 years for tax purposes) then can the determinations even be considered tax? I mean, if I am non-resident in the UK for a period of years - if HMRC made penalties and determinations as if I was, is this valid? Just wondering what my options are. Really can't afford to pay anywhere near £5000 - but do really need to get this sorted out as I've had my head in the sand for too long about it already. If it makes any difference, I have various personal circumstances since 2009 which can act as strong mitigation as to why I've not tackled this problem sooner. Any advice much appreciated!

We've been with Virgin (home phone) for many years (since they were NTL) - never had an issue with paying on time - always paid by Direct Debit. We had a voicemail message asking us to call 150 last week, but to be honest I thought it might be a sales call, so didn't phone back. On Tuesday my son said he hadn't been able to call me on my mobile phone. I tried and it was giving a discontinued tone, so I called to report it as a fault. I was told I would need to be put through to another department, who told me that mobile phone and international calls had been barred from my phone on 12th April due to the fact we had made £121 of calls last month which was unusually high. The bill had been received and wasn't due for payment until 26th April. They asked me if I'd like to be put through to another department as there were packages which could make my bills cheaper. The bill was high as my mother in law had been ill and we'd made quite a few calls to Australia and Spain. It was by no means the highest bill we've had from Virgin media and, as I've said, we have an exemplary payment record. I said I didn't want to speak to another department and wanted the block removed. The following morning the bar was still in place so I phoned again to complain. I was told it would take 24 hours to remove and so I asked to speak to a manager. My son has learning difficulties and needs to be able to phone me from home if there is a problem. I was told he would call back within the hour. Just over an hour later the manager called and asked whether the bar had been removed. I didn't know as hadn't tried so he said he would hang up and call back in 15 mins. 15 mins later the bar still hadn't been removed - I had to go to work so left the house. No message was left, but the bar had been removed when I got home. I'm pretty sure there is nothing in their terms and conditions to say they can unilaterally bar my account without telling me about it. If there had been an emergency I would've been stuck without being able to call mobiles or overseas. I'm going to switch to BT without a doubt. Meanwhile I've made a formal complaint which has yet to be acknowledged.

Hi All, I am hoping that someone can give me a little advice and perhaps point me in the right direction. We took out a loan with Purple loans in 2004 and was "forced" at the time to take out PPI "no PPI = no loan", i came across the paperwork a little while ago and realised how much this cost and the more i look into it the more i am sure it was mis-sold. We were told we had to have PPI or we could not have a loan (a secured loan) It was front loaded onto the loan so subject to addtional interest (which we did not know) and a few other things from a list of bad practice items i found We duly contacted GE Money and today received a letter saying that the policy is statute barred under the limitations act 1980? And also that GE Money lending companies were not at any time members of GISC which at the time administered a voluntary code only applicable to GISC members They have said that we can contact the FLA but i thought i would try to check things out first, I also though that the FOS dealt with this/ Any help is much appreciated David

Hi there, I have received two letters today from Lowell addressed to my maiden name (married/name change 2004). Both letters say the following (both are for different credit card providers): - We're contacting you about an account that we have purchased from (credit card) which was opened on (date). (Credit card) have sold the account to us as there is an outstanding balance which they have not been able to recover. This may be because (credit card) did not have your up to date address details and therefore you were not in a position to discuss the account with them. We have used the services of a Credit Reference Agency and the have provided your address to us. Therefore we would like to confirm the information we hold is correct and up to date. Please call us straight away where one of our account managers will be more than happy to help you. Etc. I know that both of these accounts passed the six year cut off at the beginning of 2012. There had been no payments made or contact with them, by letter or telephone etc during the six years since the accounts went into default. What should I do? Ignore it, since it is out of date or send them a letter? Really appreciate any assistance you can give me with this Many thanks

Does anyone know if a CCA request resets the statue barred clock.

I hope this isn't a stupid question but.... most of the advice I have seen on here regarding statute barred debt always suggests that a poster checks their credit files with Experian or one of the other CRAs. The theory is that if a debt does not appear on the credit file, then it has gone past the six year limit from anniversary of default or last payment (I think that's right), and is therefore statute barred. My question is this - what if the debt was never put on the credit file in the first place? Are all debts put on credit files?

Hello I have received a letter from Aktiv Kapital regarding an old debt they have managed to drag up. I requested an SAR and they sent me the signed contract and photocopies of all the last few statements to GE Captial Bank where I have made no payment and they have charged me all sorts of legal costs. The last date on this document is 12/09/02 and this is not a payment I made but charges I incurred. This debt is no longer on my recent credit report and one I had forgotten about to be honest. Does this mean I would be ok sending a statue barred letter to them? Any advice would be grateful, thank you.

evening all, I have noticed that on my credit file i have a default from Arrow global ltd that is 6 years old. would this now be classed as status barred and could i get them to remove it from my credit file? many thanks, Danielle.x

Hi, im getting trouble from Link Financial, from a debt from 8 years ago. didnt no what it was, so sent a CCA request, come back, its from a double glazing company, Coldseal. I dont no if this company is still operating. At the time i had a break up with my then partner so my mind wasn't very clear, and to be honest i dont even remember if we went ahead with the finance. I have not paid link or as far as i no, coldeal a penny, as this so called debt is over 6 years, is the staute barred. What should my next step be? thanks for any help that follows

Just a quick question, currently being pursued through the courts for a debt by Arrow Global, the case was struck out by the judge in May 2012 due to Arrow Global’s failure to comply with court orders. In December 2012, over 6 months later, Arrow applied to have the case reinstated as they pleaded an administration error had led to them missing the court’s deadline. The District Judge duly obliged and reinstated the case. Since the case was struck out, the requisite 6 years has passed since I last made a payment and I have not acknowledged the debt to them. Can anyone clarify whether the reinstated case is treated as a continuation of the struck out case and therefore has been brought within the 6 years or is it treated as a new one, and if this is the case can I use the Statute Barred legislation to stop the proceedings? Any pointers with this would be much appreciated. Cheers Madi's Mum