Lowell group / capital one

[Bean765]

Hi all

Apologies if this post is in the wrong section!! Some advice required please. I have recently received a letter from Red collection agency acting on behalf of Lowell group requesting an amount from a capital one card. I have recently looked at my credit file on credit expert and this debt is no longer shown as a account on my file. Am I right in thinking this debt is now statute barred? I've made no acknowledgement or payment in the last 6 years so I'm wondering what action I should now take.

Thanking you in advance for any advice

bean765

[russelldash]

Re: Lowell group / capital one

its out of time and let them no that

[Bean765]

Re: Lowell group / capital one

Any links to letters I could use to tell them this would be much appreciated

[FlamingParrot]

Re: Lowell group / capital one

Hi all

Apologies if this post is in the wrong section!! Some advice required please. I have recently received a letter from Red collection agency acting on behalf of Lowell group requesting an amount from a capital one card. I have recently looked at my credit file on credit expert and this debt is no longer shown as a account on my file. Am I right in thinking this debt is now statute barred? I've made no acknowledgement or payment in the last 6 years so I'm wondering what action I should now take.

Thanking you in advance for any advice

bean765

Any links to letters I could use to tell them this would be much appreciated

Apologies for the late reply

As the debt is statute barred, it probably doesn't matter if you don't send anything immediately, but if they bother you again, here it is:

Dear Sirs

Statute barred account xxxxx

You have contacted me with regards to the above account. The last payment to this debt was made over 6 years ago and no more acknowledgement or payment has been made since that time.

Unless you can provide evidence of payment or written acknowledgment from me within this period, under Section 5 of the Limitation Act 1980, you’ll no longer be able to take court action to recover the debt. Any court claim will be defended on this basis.

Paragraph 7.15.8 of FCA Consumer Credit Sourcebook (CONC) states: "A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred."

If you have evidence that this debt isn’t statute barred then please send it to me within 21 days. Otherwise, please confirm that you won’t pursue me for this debt.

Yours faithfully

[Shirley Temple]

Re: Lowell group / capital one

My husband had a letter from them about a debt that was deffo statute barred, we ignored the first letter then we got a second letter from red, so we sent the statute barred letter and we got a reply back saying that they would not be chasing him for it anymore and the balance was zero,
So for peace of mind I would just sent it x

[FlamingParrot]

Re: Lowell group / capital one

My husband had a letter from them about a debt that was deffo statute barred, we ignored the first letter then we got a second letter from red, so we sent the statute barred letter and we got a reply back saying that they would not be chasing him for it anymore and the balance was zero,
So for peace of mind I would just sent it x

I agree, besides, creditors can still issue a claim for SBd debt, you would then have to go through the process of defending the claim, etc. even when SBd is an absolute defence, it's a lot more hassle once it reaches that stage, so better to get your letter in there first. :thumb:

[welshspark]

Re: Lowell group / capital one

I agree, besides, creditors can still issue a claim for SBd debt, you would then have to go through the process of defending the claim, etc. even when SBd is an absolute defence, it's a lot more hassle once it reaches that stage, so better to get your letter in there first. :thumb:

I agree with FlaminParot here

Ive had lowells and carter chase me for a credit card debt, which I know to be statute barred.... I fired off the letter before they even threatened about court action!!, its been over a week now since I had the previous letter saying the account is on hold... so fingers crossed, il be told that the balance is zero to.

[Bean765]

Re: Lowell group / capital one

Hi

im interested if you have recieved any furthers coms from lowells since your stbrrd letter, I've just recieved another one today so I'm printing my letter off and sending tomorrow....

[Shirley Temple]

Re: Lowell group / capital one

My husband had one from Lowell's and we ignored it, then we got a second this time from red (same group I believe)
so we then sent the SB letter and around 3 weeks later we got another letter stating that they will no longer be chasing him for the debt and that the balance was zero,