- Wed Aug 24, 2016 10:31 am
The fact that a debt is not listed on your credit file does not mean that it does not exist or cannot be pursued. If the debt is over 6 years old and you have not made a payment or acknowledged the debt in the past 6 years then it will be statute barred. This means that although the debt still exists, that it cannot be enforced through the courts.
If you have communicated with the creditor or Lowell in writing (whether by post or email) within the last 6 years, you may have inadvertently acknowledged the debt which will start time running all over again for the purposes of the Statute of Limitations i.e. another 6 years from the date you acknowledged the debt will have to run before the debt will become statute barred.
If you are confident that no payments and no acknowledgment has been made for over 6 years, you can write to Lowell stating that the debt is statute barred and that you will defend any court action on this ground.
We have a fact sheet on the Statute of Limitations which I can send you if this would be helpful.