My debt free diary

[The Tech Clerk]

Refusal to Accept Statute Barred keep for later if this is fact.

[The Tech Clerk]

The Limitation Act 1980 sets out the rules on how long a creditor (who you owe money to) has to take certain action against you to recover a debt.?The time limits do not apply to all types of recovery action.?Also, the time limits are different depending on the type of debt that you have.

[The Tech Clerk]

Sometimes Lowell Financial will stop chasing you because the debt is not worth them starting legal proceedings. But don’t bet against them because they could have purchased your debt for next to nothing, putting them in line for a big profit if you pay. The only time they are made to give up chasing your debt is if the debt becomes too old to be collected, for example if it is more than six years old.

[Roger]

Statute Barred - England (6 years) use the correct one to lowells send and get free proof posting and keep copy on file,

Statute Barred - Scotland (5 years)

Hoist/lowells., trying it on!In September 2022, the debt collector Lowell bought Hoist's UK business, with over 2 million defaulted accounts. ?????

As The Tech Clerk says

".. CCA for this debt that I submitted in 2016!! .." ITS UE AND HAS BEEN FROM 2016!
Check your Credit Reference Agencies because this shouldn't be there!
Keep a record of the Statute Bar Letter and IF THEY CONTINUE report them to the FCA.

[The Tech Clerk]

Statute Barred - England (6 years) use the correct one to lowells send and get free proof posting and keep copy on file,

Statute Barred - Scotland (5 years)

Hoist/lowells., trying it on!In September 2022, the debt collector Lowell bought Hoist's UK business, with over 2 million defaulted accounts. ?????

[Mrreese6018]

well turns out I have been lied to, received a letter from Lowell saying they had taken over the debt from Hoist!! so phoned them again (14:10 13/52023 and again told them the account was closed, part of me wants to email the CEO from Lowell chasing up my CCA for this debt that I submitted in 2016!! the debt is statute-barred, would it be worth raising a complaint with the FCA about failure to provide information?

[Mrreese6018]

Well final update hopefully ,. I got fed up with hoist phoning and writing letters!!

So phoned(phone calls can't be used as acknowledgement) them to query the debts eg default date and last payment, was told statute barred, so advised them I won't be paying and the FCA guidelines, the kind gentlemen shut down both of my accounts and I won't hear anything about them again.

[Still Waving]

on a side note do these letter and phone calls ever stop, the calls are blocked but they can still leave a voicemail

In my experience, some realise the situation and give up fairly soon, though you will get occasional letters for a while. Eventually, even the more persistent gradually peter out to, say, a polite begging letter at 6-monthly intervals for a couple of years or so. All mine have been SB for over 4 years now, and I last had a letter from one DCA approx one year ago.

[Mrreese6018]

well I am guessing Hoist are struggling for fund for the Xmas party this year, my Debt has been statute for 4 months now and the begging letter has dropped through the door, Choose the way to pay, i will choose the same amount i paid for the last 6 years and 4 month and that is zero, on a side note do these letter and phone calls ever stop, the calls are blocked but they can still leave a voicemail

[Mrreese6018]

Don't tie yourself in knots over this point - just be guided by the advice you're being given. It always pays to err on the side of caution regarding when a debt becomes unenforceable.

Thanks Roger and Still Waiving

Roger cleared it up for me but I always over think things which is normally followed by me worrying about something I have no control over. I'm stressing more about the final months than I have done during the previous years.

[Still Waving]

thanks my head is still battered(doest take alot) so from my understanding the default date on your credit report doesn't include the period you have to remedy the breach ?

Don't tie yourself in knots over this point - just be guided by the advice you're being given. It always pays to err on the side of caution regarding when a debt becomes unenforceable.

[Roger]

thanks my head is still battered(doest take alot) so from my understanding the default date on your credit report doesn't include the period you have to remedy the breach ?

A Debt can only be registered ONCE with Credit Agencies it stays on for 6 years before dropping off.
That may or may not be indicate the Statute Bar date because you might be in a payment plan! and each payment will restart the Statute Bar clock.
Perhaps you are deemed to have admitted the Debt? Well the Statute Bar clock restarts irrespective of what the credit Reports are reporting


What if the Debtor registers a Debt with the Credit Agencies and then issues a Default Notice.
BEFORE this CASE the last payment date was used to determine Statute Bar! This is your argument of course the last payment and Credit Agencies reporting!

BUT the New CASE LAW is that the Default Notice is the determinant of the Start of the Statute Bar.

You are NOT confused just not up to date with the current CASE Law.

[Mrreese6018]

Am i missing any vital information on my diary ?

[Mrreese6018]

The Credit Reports aren't the same as CCA! Its confusing because certain Lenders delay sending the Default Notice! Sometimes they send more than one!
Once a default has been recorded on your Credit Report its stays for 6 years before dropping off.

BUT your Statute Bar will be calculated on the Current Legal basis .
Recent CASE Law used the Default Notice to determine the start of the Statute Bar - which is what is being pointed out here!

This is precisely why the Diary format is so important because it assists You and AAD to understand Debts from a current Legal perspective.
Good Diaries make for good Decisions!!

thanks my head is still battered(doest take alot) so from my understanding the default date on your credit report doesn't include the period you have to remedy the breach ?

[Roger]

I'm really confused because if the default has been recorded on your credit file that means that you have defaulted which would be past the time frame that you have had to remedy the issue, if you have remedied the issue and you haven't defaulted and it wouldn't be recorded.

So what is the point of the default entry on your credit report if you have to add 30 days to each of them? (Apart from warning future lenders)

The Credit Reports aren't the same as CCA! Its confusing because certain Lenders delay sending the Default Notice! Sometimes they send more than one!
Once a default has been recorded on your Credit Report its stays for 6 years before dropping off.

BUT your Statute Bar will be calculated on the Current Legal basis .
Recent CASE Law used the Default Notice to determine the start of the Statute Bar - which is what is being pointed out here!

This is precisely why the Diary format is so important because it assists You and AAD to understand Debts from a current Legal perspective.
Good Diaries make for good Decisions!!