Help

[Stretchmo]

I have just recieved a phone call from a company called Lowell Financial? The guy on the phone was asking me about a Capital One credit card.

 

He stated that this account was closed in 2002 but it had an outstanding balance of £2'700'00. I told him I had a Capital One card in 2000 but not in 2002. The wife says I should have denied all knowledge of ever having a card? Anyway I've told him I had one in 2000 (Have I done wrong?) He also wants me to send photo copy's of my Driving licence, and passport. to compare signatures? I also put my foot in it again, by asking if the debt is mine? it should be time barred. Again the wife says I should have said nothing.

 

I honestly thought I had closed this, and dealt with this. But it looks like it's come back to haunt me. I have no intention of sending off my driving licence or passport

 

Can anyone help me with this.

 

Thanks

[42man]

If you have neither sent a payment to them OR made any acknowledgment to the debt for at least 6 years then this is statute barred - send them this letter...

 

1 High Street,

Newtown,

Kent

R21 4RH

 

 

June 28, 2006

 

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

 

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

 

Yours faithfully

Mr A N Other

[42man]

Quite right Stretch....asking for copies of your passport and driving licence i'm sure is verging on the criminal !!! Also mention in your letter that - I AM NOT PREPARED TO ACCEPT ANY PHONE CALLS FROM YOUR COMPANY - ALL CORRESPONDENCE WILL BE IN WRITING ONLY - ANY CALLS RECEIVED WILL BE CLASSED AS HARRASSMENT AND TREATED AS SUCH....they will say anything to make you pay up.....!!!!

[Stretchmo]

If you have neither sent a payment to them OR made any acknowledgment to the debt for at least 6 years then this is statute barred - send them this letter...

 

1 High Street,

Newtown,

Kent

R21 4RH

 

 

June 28, 2006

 

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

 

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

 

Yours faithfully

Mr A N Other

 

Thanks for the very quick response. The thing thats getting me with this is. According to the guy on the phone the account was closed on the 12th February 2002? He also stated the last payment Capital One had was for £45 but he had no idea on which date. If this was true it will not be statute barred as it's just under 6 years? I love the letter but I've no idea what the account number is to include it in the letter. Sorry for being a thicko.

 

 

Quite right Stretch....asking for copies of your passport and driving licence i'm sure is verging on the criminal !!! Also mention in your letter that - I AM NOT PREPARED TO ACCEPT ANY PHONE CALLS FROM YOUR COMPANY - ALL CORRESPONDENCE WILL BE IN WRITING ONLY - ANY CALLS RECEIVED WILL BE CLASSED AS HARRASSMENT AND TREATED AS SUCH....they will say anything to make you pay up.....!!!!

 

Thanks mate I'll do that. Theres no chance they are getting copy's of anything.

[42man]

OK send them the letter Stretch...if for some reason you have made a payment in the last 6 years, get them to prove it, the next stage would be a CCA request...

[42man]

I assure you they will say ANYTHING to frighten you into paying....

[Stretchmo]

I recieved a letter from this company today. Below are the details of this letter. Any advice gratefully recieved.

 

We are trying to contact you regarding the address of (previous address)

 

We have recently been given information that you previously resided there.

 

It would be appreciated if you would contact us immediatley on the telephone number provided below, to confirm the update to your address details.

 

If we do not here from you. We will assume the information to be correct and update our systems accordingly.

 

 

What do I do now? Just ignore the letter, or send the letter, 42man posted yesterday?

[The GodMother]

This should give you the acc number on it.

 

I would then asvise that you should just add that to the letter that 42man posted yesterday and send it recorded delivery at least.

[Stretchmo]

If I post a copy of the letter 42man posted. Is that not me admitting I'm due this money?

 

It's also just under 6 years, according to the guy on the phone yesterday. Will the statute barred still stand up?

[The GodMother]

You will not be admitting anything they are the ones that have to prove everything.

 

Do you still have all the original paper work to dat with C1 and evidence of how the statements were paid?

 

If so l would go threw these over the w/e and see what your paper work says but it is morre important that you get the letter of to them. Ignore what they say they say anything to get ppl to pay up.

 

Chrissi

[Hopeful1]

I would be inclined not to do anything until they have written to you with the correct information. It looks to me as if they are just fishing.

 

DCAs do sometimes chase debts they shouldn't in the hope that they'll pick on someone who will be compliant and do everything they ask and make it easy for them to make a bit of money.

[Curlyben]

Right then lets get things straight.

 

First NEVER talk to these "people" on the phone as they will say anything to secure payment.

 

Next, as they are phishing for information in their letter make them prove that any debt even exists.

Throw this at them.

 

Dear Sir/Madam

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

Now the onus is on THEM to prove there is any debt at all, NOT for you prove the opposite.

 

If they are relying on some alleged payment made in 2002, then they better have the paperwork to back it up, otherwise Statute of Limitations comes into play.

Otherwise your next response should be a Statute Barred letter as mentioned by 42man earlier.

[Stretchmo]

Right then lets get things straight.

 

First NEVER talk to these "people" on the phone as they will say anything to secure payment.

 

Next, as they are phishing for information in their letter make them prove that any debt even exists.

Throw this at them.

 

 

 

Now the onus is on THEM to prove there is any debt at all, NOT for you prove the opposite.

 

If they are relying on some alleged payment made in 2002, then they better have the paperwork to back it up, otherwise Statute of Limitations comes into play.

Otherwise your next response should be a Statute Barred letter as mentioned by 42man earlier.

 

Ben thanks for the response. I will fire of a copy of the above letter to this company on Monday. I will get back and tell you how I got on.

 

I would like at this point to thank everyone for there very valuable help.

 

 

Stretchmo

[pt2537]

Dear xxxx

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully/sincerely,

 

 

 

 

 

 

right then, thats the letter to deal with their threats of door stepping RE your PM

 

now then, i think we need to follow the statutory route and issue a CCA request,

 

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

you need letter N and write accross the top I DONT NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU PURPORT OT REPRESENT

 

Also dont sign it but instead PRINT YOUR NAME that goes for BOTH lettter

 

Send a one pound postal order with the CCA request and send it recorded delivery

 

they then have to comply within 12 working days

 

send the letters and see what comes back

[Stretchmo]

Thanks for the reply. The only problem I can see with the letter is. I'm in Scotland do the same rules apply?

 

Thanks again. I'll pop the letters in the post first thing Monday.

[sillygirl1]

If you're in Scotland then the debt is Statute Barred as it is five years there. This lot are real clowns and should now be reported to the OFT and the Trading Standards people as they are in clear breach of Scottish law.

[The GodMother]

Depends. How long is it since you acknowledged the debt?

 

As you may no in Scotland the law is 5 years till SB. So if it is 5 years then you dont have to acknowledge the debt. I would just then send the SB letter in the templates letters.

 

Chrissi

[Stretchmo]

If you're in Scotland then the debt is Statute Barred as it is five years there. This lot are real clowns and should now be reported to the OFT and the Trading Standards people as they are in clear breach of Scottish law.

 

:D I may just get in touch with the OFT and Trading standards after the holidays. Thanks for your help.

 

Depends. How long is it since you acknowledged the debt?

 

As you may no in Scotland the law is 5 years till SB. So if it is 5 years then you dont have to acknowledge the debt. I would just then send the SB letter in the templates letters.

 

Chrissi

 

Chrissi. I have never acknowledged the debt. If you go back to my originalpost I was a wee bit shocked at them getting in touch in the first place. But I've never acknowledged the debt was mine.

 

According to the idiot on the phone the account was closed in February 2002. I have heard nothing from anyone regarding this alleged debt, until the begining of this month. If what you are saying, along with sillygirl1 is correct then it is well passed statute barrred. 6 years will have passed in February 2008.

 

I'm now well chuffed and will have a great Xmas. As I hope everyone of you who have contributed to my post wil also have a great and debt free xmas. Thank you all again. I'll keep you posted how I get on.

 

 

Merry Xmas and thanks.

 

Stretchmo

[The GodMother]

No as they debt is SB from February 2007. SB is 5 years in scotland.

 

Yes you may not have acknowledged the debt but it goes from when the last payment was made so if it was made say june 2002 then 5 years from then is june 2007.

 

Chrissi

[Stretchmo]

The guy that called me had no idea when the last payment was made? As others have said on this topic. They have dangled a worm, and hoped to get a bite. Well after all the great posts on this topic. This Fish aint biting.

 

I have printed of a few of the letters, and I'm going to get in touch with the OFT, and trading standards after the holiday.

[Stretchmo]

If you're in Scotland then the debt is Statute Barred as it is five years there. This lot are real clowns and should now be reported to the OFT and the Trading Standards people as they are in clear breach of Scottish law.

 

 

Sorry to bring this back to the top again but I'm just looking for another wee bit of advice.

 

I received a letter this morning from this company again. Below are the contents of this letter.

 

Thank you for your recent correspondence regarding the above matter.

We have noted your comments but would advise that with the information we hold we believe that you are in fact our customer and therefore responsible for the outstanding balance.

We now require you to contact us on the above number to discuss your proposals for repayment.

We trust this clarifies the situation and look forward to hearing from you.

I called Trading standards this morning but they are on holiday. I then called the OFT and asked about statute barred. The guy on the phone said that this company could have a resonable claim if I had moved house over the last 4/5 years. I explained that I had moved house 4 years ago, and all my mail was redirected. I also explained that this is the first I have heard from this company. He told me to call the Financial services Ombusman? And if they were no help, call the CAB (who are also on holiday)

 

My question is what letter do I send now? Letter N or the letter 42man posted on this thread regarding statute barred?

 

Thanks again for reading and I hope to have this resolved after the holidays.

[The GodMother]

Yes just send letter N as that would be best for you.

 

Remebr the $1 fee, sorry on a different comp to normal and this does not have a pound sign. Remebr to send by recorded delivery at least.

 

Chrissi

[Stretchmo]

Sorry to bring this back up again but I need some more information.

 

I sent away letter N. And today I've received this reply.

 

 

We are in receipt of your request for a copy of your credit agreement in accordance with section 78(1) of the consumer credit act 1974.

 

We are also in receipt of the prescribed fee from you.

 

We are requesting a copy of the agreement from the original lender with whom you originally entered into the agreement.

 

While we endeavour to reply to you with the required information within the prescribed 12 day period under the consumer credit act,you will appreciate this is dependant upon receipt of the information from the original creditor

 

We will advise you further if it will take longer than the prescribed period.

What do I do now? wait or send them some other letter. I've been unable to get to a Citizens advice Bureau,due to work commitments.

 

Thanks for all the help so far. I just need another wee hand.

[The GodMother]

just wait thats all you can do.

 

I know it is boring and no fun but you could always do those jobs that u were putting off or spend more time on here

 

Chrissi

[Stretchmo]

just wait thats all you can do.

 

I know it is boring and no fun but you could always do those jobs that u were putting off or spend more time on here

 

Chrissi

 

Thanks. Better not let the wife see this or I'll be painting, doing DIY until they reply.

 

So if they dont reply within 12 days nothing changes?