MASSIVE result against Lowell

[hulldebtor]

Hi, have read up for a couple of hours on statute barred, but still confused, could anyone clarify the below for me please?

• If we last paid in May 2003, but have not responded to them since, does that qualify even though they have written to us sporadically requesting payment?(as stated, we have not responded)
  
• If i send them a CCA and the other template (to find out what they hold under the DPA) does that constitute me contacting them and negate my argument under 'statute barred'?
  

Any advice as to what my opening gambit would be in a case like this would be gratefully received

Many thanks

[F_DCAs]

If last payment or written acknowledgement was May 2003, it's statute barred and nothing can un-statute bar it.

 

No payment or admittance of debt should be forthcoming. Send off the statute barred letter, then forget about it.

[noomill060]

Your debt became statute barred last May.

 

Forget about it.

[hulldebtor]

thank you, this sounds promising, may i ask if the amount it is for has any bearing on the matter?

it is for £10000 and was for a credit card, hope this does not impede this, the bank offered my wife a credit card, we said yes, although they knew she was a part time worker on £280 per month they gave her a £10k limit, i came out of work a short while later and we had to use it for everything

I am always willing to pay back money i have borrowed, but the interest alone was ~£170 per month and we could only pay £45, so the balance grew and grew, thats where my reservations about paying a large proportion of it kick in

[mr.ton]

It doesnt matter if the debt was for a squillion pound, its statute barred = end of.

[dcakiller]

The amount does not matter. It is statute barred end off. You will probably get letters saying moral Obligation to pay, or they will try to say you made a payment inside the 6 years. Or claming sb is not relevent and trying to hoodwink you with jargon.

Edited September 17, 2009 by dcakiller

[hulldebtor]

Thank you for your advice, very much appreciated

[havinastella]

The only spanner in the works could be if they have obtained a CCJ against you!

 

Although they would have to have a bloody good reason for the judge why they have not collected the debt.

 

Jogs

[hulldebtor]

Hi,

cca'd Lowell, they have responded and said they are looking into it but it will take more than the statutory 12 days as they will have to contact the original lender.

No problems with it per se, just wondered if this was normal, acceptable practice please?

[oneofakind]

It's fairly common practice, but the statutory 12 days still applies.

 

Their failure to supply is all good for you, of course.

 

[hulldebtor]

many thanks, please may i ask what my next step would be should the stat 12 days elapse?

sorry, maybe common knowledge to most, but first one ive ever sent!

[Bazooka Boo]

Send them the following if they fail to reply,

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[oneofakind]

...and you can also stop paying them, until such time as they come up with the goods.

 

[hulldebtor]

many thanks

[hulldebtor]

Hi CCA'd Lowell and statute barred letter 12 working days ago, they mailed today to state their client, (original bank) is recalling the detains from archive.

As they have not ignored is this all above board please, or do they only have 12+2 working days to acknowledge?

Thanks in advance

[cerberusalert]

There isn't a set period for them to acknowledge a Statute Barred letter, they're just not allowed to pursue the debt unless they can prove otherwise.

[hulldebtor]

Many thanks Cerebrus

[hulldebtor]

Just had letter from Lowell admitting their client has no trace in archive or anywhere else of a £10k alleged debt i statute barred letter'ed them about some months ago, this is after many mails stating 'we havent forgot about it, just getting proof from our clients'

I feel elated re this, they state they will never be contacting us re this again and the matter is closed.

Does this mean though that this will be periodically resurrected by DCA's on the food chain, who will have to be 'seen off' in a similar manner?

Either way, before i found CAG i would have probably just accepted and paid them a nominal amount for the rest of my life, so very happy

Thank you, there is 100% guaranteed a donation coming from me to this site on my next payday, nice one CAG and the helpful CAGGERS!

[Seminole]

Do you know who owns the "debt"?

 

Have they placed any adverse info onto your credit file?

[hulldebtor]

Lloyds TSB apparently, will be checking the credit file in the very near future!

[maroondevo52]

Does this mean though that this will be periodically resurrected by DCA's on the food chain, who will have to be 'seen off' in a similar manner?

 

More than likely, hulldebtor

 

Great result anyway, good stuff

 

Regards.

 

Scott.

[postggj]

hats off huldebtor

 

you deserve it

 

you kept plugging on and took them on at there own game:grin::grin:

[hulldebtor]

Thanks all, much appreciated. Post, sorry, wonder if youve had chance to progress the draft letter re PPI and APR please?

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/229650-message-postggj.html

[mr.ton]

The desperation of the DCA industry knows no bounds sadly...so i suspect others will crawl out of the woodwork in the forseeable future to chance their luck.

With help from the Caggers, they will be seen off just as easily as well

[postggj]

drop in about six hull debtor

 

we will deal with it then

 

regards