Lowell. regard to a debt with MBNA scotland

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I have had a statement of account from Lowell in regard to a debt with MBNA FROM 17/12/03.

 

Further to that,I have now received another letter from Lowell asking me to contact them to settle this debt or it will be passed on to a collector.

 

I have never acknowledged this debt to Lowell,even though they send statements of account to me.

 

What should my next move be?

[ims21]

When was the last time you made a payment on this debt or acknowledged it in writing?

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I dontt remember the last payment to the debt,but it certainly was not in the last six years.I have never acknowledged the debt in writing.

[ims21]

Ok so as you appear to be in Scotland, if you have not made a payment in a clear 5 years or acknowledged the debt in writing in the same time frame then this is Statute Barred and the debt no longer exists.

 

You can send Lowell this letter.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387433-Statute-Barred-Leter-SCOTLAND

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Thank you for that.

 

Just one point.This was a credit card agreement and having seen on other agreements the words,"Any disputes on the agreement will be settled under the law of England and Wales"

 

Would it be possible this may apply?

[ims21]

In which case you can send the E&W version.

 

In E&W the debt still exists after 6 years but cannot be enforced through the courts. The creditor can still ask you for payment but when once they have been told you will not be paying they should, according to OFT guidelines, leave you alone.

 

This is the E&W letter.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387368-Letter-to-be-sent-when-debt-is-Statute-Barred(1-Viewing)-nbsp

 

Seems to me whichever jurisdiction is involved the debt is SB.

[fallback]

Thanks for your help.