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  • #1

    Is it Statute Barred or not?

    I have a credit card account being chased by Lowells, where my last payment was in May 2009 but the DN was not issued until October 2009. Is it safe to send them a Statute Barred letter now (after they contact me again with any demands)?

    Seamus.
    Tags: account, act, action, card, cause of action, con, court, court action, credit, credit card, date, default, default notice, demands, letter, lost, lowells, october, risky, safe, statute, statute barred, threat
  • #2
    Re: Is it Statute Barred or not?

    Lowells are known to have the view that the cause of action is the default notice (it should be the date of the last missed payment). To be on the safe side let us know what they send you and we'll suggest how to respond.
    Let your smile change the world but don't let the world change your smile

    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #3
      Re: Is it Statute Barred or not?

      my last payment was in May 2009

      then June 2009 next payment due date so SB but keep us informed of correspondence you receive next they churn out usually every 10 -14 days!
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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      • #4
        Re: Is it Statute Barred or not?

        Originally posted by Seamus View Post
        I have a credit card account being chased by Lowells, where my last payment was in May 2009 but the DN was not issued until October 2009. Is it safe to send them a Statute Barred letter now (after they contact me again with any demands)?

        Seamus.
        As Pixie says above. It's risky. Wait till after October then you're certain. In AAD+ you'll see the case where a layperson lost on this very fact last week. Not from AAD. We're now talking to him to appeal as he has grounds from what we know to be the laws and acts.

        Be safe. Don't jump in now. Hopefully if Jono does appeal via Jo then it'll set precedent and prove the cause of action is NOT them issuing a default - which is and always has been procedural.
        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

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        • #5
          Re: Is it Statute Barred or not?

          Thanks for the replies, this was what I was worried about. At what point should I send the letter, if there is a direct threat of court action?

          S

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          • #6
            Re: Is it Statute Barred or not?

            Originally posted by Seamus View Post
            Thanks for the replies, this was what I was worried about. At what point should I send the letter, if there is a direct threat of court action?

            S

            Come back here and inform us of the letter you get in the future and as has been stated we can then suggest next move!
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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            • #7
              Re: Is it Statute Barred or not?

              Ok thanks, will wait on them and do that.

              Seamus.

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              • #8
                Re: Is it Statute Barred or not?

                Originally posted by The Tech Clerk View Post
                Come back here and inform us of the letter you get in the future and as has been stated we can then suggest next move!
                spot on
                I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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