Dealing with Lowell

[Lambourne]

Hi All,

I'm a very new member to this group, and have been going through some of the threads, though I have a very limited knowledge.

Coming directly to my problem, Back in 2004 I had a student overdraft (£1300) which I had used in some very tough situation, but never paid back, and later I had relocated to my home country for a few years and never bothered about it, but now I'm back.

And I recieved a letter today from Lowell saying that they have been trying to contact me on an address which I stayed earlier...And I strongly believe that the only reason for this, my overdraft due has been handed over to these guys which they are trying to recover.

Firstly, how do they get to know your address so instantly ?
And then I want to know is there anyway I could get rid of this atleast temporarily or permanently. As even though I'm working now, am not in a position to re-pay this at the moment.

So what do I do with these letters which are coming, and which would be followed up with a series of threats/warning letters from what I've read in other threads....
This is seriously making me feel very guilty and worried...

Please let me know your sincere opinions/ideas on this.
Any comments would be highly appreciated...

[Lambourne]

Extremely sorry guys...looks like I've posted this message in a wrong section....Can someone guide me how to post it in the relevant section...or would it be fine here... ??

Many Thanks....

[**Tilly**]

hi Lambourne and welcome to cag


i have asked for your thread to be moved to the dca forum there you will
get all the help and advise good luck

[rory32]

Thread moved to Debt Collection Forum.

[Lambourne]

Thanks Tilly and Rory....Hoping for some responses in my direction..
Please let me know if you need more information.

[rory32]

Firstly, how do they get to know your address so instantly ?

Indirectly from your bank who will pass on your address details to the CRA's.

And then I want to know is there anyway I could get rid of this atleast temporarily or permanently.

Are there any charges on the account? If so you can start the process of reclaiming these - this puts the account in dispute and will reduce the balance.

even though I'm working now, am not in a position to re-pay this at the moment.

They can not lawfully demand immediate payment of the full outstanding balance and are legally bound to accept any reasonable repayment proposals.

[Lambourne]

Hi Rory...thanks a lot for the response...

Well...actually what I wanted to know was, that I've been moving houses since the last 1 year, and everytime I move, I start getting these letters, even though the address with the bank is still the same old one where I do not reside anymore.

The first time when I got this letter, in my previous address, I did not respond and later moved away...so I completely forgot about it..but now again they've found me....


And regarding the charges on the account..the overdraft which I used was for around £1500 and I guess an extra £100 charges have been applied since then...

So when you say start the process of reclaiming these, does it mean the extra £100 would be removed or ???

And to be very honest, right now I'm completely in debts, and struggling to clear my credit card bills...so is there a way, where I could escape from this atleast for time being...coz any kind of payment proposal seems like next to impossible for me... i've been thinking abt this all day..and its making me feel so worse, that I'm not able concentrate on my work...

I stay with my wife, and she doesnt know this yet....i'm scared there might be someone popping up at home when I'm away or someone calling over the phone....though I've been reading that its usually not the case where these guys visit you...but it still gives me a bit of worry....

moreover wats the chances of my case being pulled to the court/magistrate...considering the recovery amount of £1500 ??

I know..I've messed up with all my queries at one shot...but guys..i'm seriously so ****ed off that ..am not able to think anything right...!!

Please help.....

[mr.ton]

Originally Posted by Lambourne

So what do I do with these letters which are coming, and which would be followed up with a series of threats/warning letters from what I've read in other threads....
This is seriously making me feel very guilty and worried

Have you a shreading machine at ur home?
The threats/warnings are just designed to bully/scare you into paying up asap.
Please try to relax although i know its easier said than done.
Offer them (or rather INSIST) that you will pay £10 per month for example, if they refuse then cease all communication with them & let them take you to court (chances are they wont) & then if u can show the court that is all u can afford then that is what they will order & then the DCA is powerless otherwise

[Lambourne]

Hey Ton ...

Thanks a Ton ! for your response....so should I simply ignore these letters.. As expected I've recieved a letter today from RED debt collections warning me to contact them to settle the payment...

Guys..please suggest..wat I shud be doing now...Rory would appreciate your suggestion on this...

Many Thanks !

[ODC]

Originally Posted by Lambourne

Hey Ton ...

Thanks a Ton ! for your response....so should I simply ignore these letters.. As expected I've recieved a letter today from RED debt collections warning me to contact them to settle the payment...

Guys..please suggest..wat I shud be doing now...Rory would appreciate your suggestion on this...

Many Thanks !

Dont worry. They will threaten you with Court and when you dont respond to that you will get a lovely letter saying

Our Client Lowell Portfolio (thats the desk besdide the Red Debt one) has asked us to offer you a settlement figure on your outstanding balance (Oh that would be the Statute Barred One) in an amicable way that saves you a large amount of money before further action is needed to be taken. Run that by me again. Further action on a Statute Barred Debt. Nope I dont think so

I am in a position today to offer you an early settlement discount of blah blah leaving a new outstanding balance of blah blah (50% discount no less)

Im sure you will agree that this is an excellent offer, an offer I hope you are going to take advantage of. Do you think Im as daft as you appear to be

Please note this offer is only available until xx/xx/xxxx (1 month).Ah good no more stupid threats for a month then. Unless funds are received and cleared by this date we will continue with other means of recovery, this debt will not go away It has you know and repayment has to be made. OH NO IT DOSENT

[Lambourne]

Thanks ODC. That makes me feel a lil better...But as you/they say I cannot get away with this, do you guys suggest, I just keep ignoring these letters or do something...like I've been reading other threads where some of you have been responding to them by sending some CCA or something like that....

Also can you please explain in simple terms ..
What is Statute Barred Debt ?

Thanks Again

[ODC]

A Statute Barred debt is one where a period of 6 yrs have passed without any payment or written acknowledgement has been made. Once the 6yrs are passed NO LEGAL ACTION can be taken to recover the debt.

If the debt is Statute Barred do not waste a quid asking Lowells for a CCA.

If you tell Lowells that a debt is Statute Barred they should NOT keep chasiong you for it unless they can PROVE it is not Statute Barred. The onus is on them to prove a debt is NOT Statute Barred not on you to prove otherwise.

Once a debt becomes Statute BArred nothing can be done to un statute bar it.

[Lambourne]

Unfortunately this debt is only 3 years old, which means this doesnt fall into the statute barred category !! I will wait untill the next correspondence/threat from these guys...and probably then seek your suggestion on the next steps....

[ODC]

Sorry I thought it was a Statute Barred one. Send them the CCA letter then

[summer30]

Can't offer much more help other than as stated try not to worry, these companies hire people who have no soul, they say whatever they think will upset you to get money you don't have.

Just learn to laugh at the threats and laugh at them before you put the phone down, also read as much as you can on this forum and ask loads, its a great place to find out your rights which you have a lot of.

[Lambourne]

Hi All,

I was away from home for sometime, and now that I'm back...I've recieved around 3-4 letters from Lowell...I have not opened them but I know they are from Lowell.....(Didnt want to open, coz it wud upset me more)

I just wanted to know, what would happen if I send all those letters back to them as "undelivered". Would that make them consider that I'm not residing at that address anymore....

I also received a post card saying that "We are trying to contact You, please call back".

Please suggest...

[excel1]

Lambourne,
take the excellent advice from ODC and CCA them, this put the onus on them to prove thier right to collect the debt.Just as encourgement thanks to this forum have dispatched their claims for 3 different accounts, they had nothing!! not one peice of paperwork.zilch,nought.

If and i do mean if they produce a VALID CCA not something made by blue peter or an application form from 15 years ago then come back top the forums for the next step.