Today i have court papers for an old debt..advice please..

A question about : Today i have court papers for an old debt..advice please..

Hi, im new and this is my first post here on the website . Hoping someone can give me a bit of advice really....
I have just recieved a claim form from the courts over an old capital one credit card i had from well over 6 years ago. I have not contacted the company who were dealing with it in over this time (prob even longer) the company dealing with it was Lowell portfolio. They had sent a few letters within this time but i never acknowledged them whatsoever. My mistake i know, but i just always had bigger bills to pay, or other things to worry about. Now years later i have in front of me court papers for this debt. I dont have the original credit agreement anymore. (iv moved house and divorced since then) so iv not even worried about this debt.
I dont really know what to do from here, apart from ringing them up/sending a letter and making some kind of weekly payments, however i also feel quite annoyed how its such an old debt and they have managed to get court papers for it?! Can anyone please help in what letters i should send or if i should just offer to pay. I haven't been in contact with Lowells as yet.
Thanks in advance.... Amanda.

Best answers:

• If you have genuinely not acknowledged the debt in any way for over years it is possible that it may be statute barred and that they are unable to pursue you.
  I would suggest in the first instance that you contact Stepchange for advise on your liability.
  Be aware that time scales on court documents are strict so you do need to ensue that you complete and return the papers by the date given, whether you are intending to admit or defence the claim.
• Hi and welcome to the forum.
  This post would probably have been better in the debt free wannabe section for advice.
  However - first question - what part of the UK are you in (as the laws are different in scotland)
  The claim form, this is definitely a court document (blue papers) isn't it? not something from the debt collectors that looks a bit like one?
  If there has been a period of 6years where you paid nothing towards the debt and did not write to acknowledge the debt in writing then the debt is statute barred by the limitation act.
  A debt being statute barred is a defence against the court action. And you can fill in the court papers to this effect (perhaps may be worth giving national debtline a call to talk this through).
  See this factsheet here (assuming you are in England/Wales) - https://www.nationaldebtline.org/EW/...s/Default.aspx
• Thanks for your replies. One thing i noticed on the court papers which struck me odd is the fact they are not stamped by the court. Could this mean they are fake?
• Might well be. Wouldn't be surprised if they were, some debt collectors have definitely been known to do this.
• I was in a friends yesterday and he had received two letters recently from debt collection companies in relation to two loans he took out over 12 years ago or possibly more, can they force him to pay them or what should he do with them? I think by the gist of the story he has not paid very much off them due to one thing or another.
• Sorry, I just jumped in there. Please delete it if it needs to be removed