Lowell Chasing Statute Barred Cap1 Debt - ** NO MORE - ACCOUNT CLOSED **

[BRIGADIER2JCS]

Hi, In England and Wales a Statute Barred Debt STILL EXISTS AND REMAINS PAYABLE, (In Scotland a debt is extinguished after 5 years)

The OFT GUIDANCE ON DEBT COLLECTION STATES, 'that it is unfair to press for payment (of a Statute Barred Debt) once the debtor HAS INFORMED THE CREDITOR IN WRITTING THAT A DEBT IS STATUTE BARRED. (to continue to pursue may amount to harassment).

IF THIS PROCEDURE IS NOT FOLLOWED THEN THE DEBT CAN/WILL BE PURSUDE.

[jgh29447]

Today I have received some correspondence on a poorly reproduced Lloyds TSB letterhead advising me that on 12/07/2011 Lloyds sold my debt to Lowells. Also in the envelope was a letter from Lowells introducing themselves & implying that unless I started a payment plan my credit references would be damaged.

 

The last transaction on the Lloyds account would have been Nov 2007, and I have not received ANY correspondence about this account since early 2008.

 

Surely Lowells use of another companies letterhead amounts to fraud? Should I report this to the OFT? Is this debt now statute barred given the absence of any correspondence in the intervening period?

[BRIGADIER2JCS]

There is no fraud it's standard industry procedure for NOAs to be dealt with this way.

 

Did you enter in to any correspondence in 2008?

 

What shows on your credit reference agency files?

[jgh29447]

No , I was suffering from depression following being made redundant in late 2007. By November 2007 I had spent my redundancy & there was a 4 figure overdraft on the account. I ignored Lloyds letters about it & in about Feb/Mar 2008 the letters asking for payment just stopped arriving. Between then and today I have never received anything from anyone about this matter.

 

I gather my reference agency files show a default, but no legal action was taken.

[BRIGADIER2JCS]

What is the default date shown?