Being chased by Snotcall, Lowell and Fredrickson for Statute Barred debts...

[Jamie839]

Hi all, fairly new here and would appreciate a little guidance on this if at all possible.

 

I have four different debts, two are current accounts/overdrafts,

the remaining two are credit cards.

 

All are now statute barred (I live in England by the way), last payment July 2006 and none show on any of my credit reference files.

 

Should I just fire off the statute barred letter to each DCA and see what comes back?

 

Any advice greatly appreciated!

 

Rgds.

[BRIGADIER2JCS]

Yes

[dx100uk]

how much letter tennis have you played with them already?

 

if you have only just got single phishing letters

i'd not bother.

 

dx

[Jamie839]

Thanks for your quick replies, seems as I virtually answered my own question! I haven't really played any letter-tennis with them, the last contact they had from me by letter was before July 2006. Obviously, they have sent me a few (thousand) in the meantime though!

 

Rgds.

[citizenB]

how much letter tennis have you played with them already?

 

if you have only just got single phishing letters

i'd not bother.

 

dx

 

 

With any other DCA I would agree dx - but this is Lowells and they are very litigatious - I would send the SB letter - that should prevent them at the very least from issuing a Stat Demand which is their favoured tool of debt collection

 

Should they decide to ignore the SB status, and issue either a claim or stat demand. This will purely be vindictive as the Statute of limitations prevents them from obtaining judgment or any other resolution through the court and indeed it will be an abuse of process on their part.

 

Many DCAs will argue that limitation accrues from the time when the "default notice" is issued. It does not.

 

Limitation clock starts ticking from when the payment is due and not paid not when they send a default notice.

 

We see often that CRA entries will date 5 or 6 months ahead of when the payment was missed.

 

People need to be sure that they aren’t being hoodwinked and that the DCA is extending limitation so they can sue when they are not allowed to.

 

 

Please be aware that we have seen reports of "phantom" payments - you should be absolutely certain when your last payment/first missed payment was.

[Jamie839]

Please be aware that we have seen reports of "phantom" payments - you should be absolutely certain when your last payment/first missed payment was.

 

Yes, the two current accounts, both with Lowell, were statute barred last July. However, the default dates for both were updated by Lowell on my credit reference files to show November as the default date!

 

Rgds.

[citizenB]

They CANNOT change the date of original default - once you have advised them that it is statute barred, you should then tell them to remove any incorrect default.

[dx100uk]

i would suspectg its an update not a change.

 

the date you look at is the one in the debt summary

 

dx