Hi there I had a an old account with Abbey (like yours probably 10 years since it was closed) that as far as I recall the overdraft had been cleared on. Heard nothing on it for about 10 years and then in December got a letter from scummy Lowells saying I owed £100 (strange round sum amount eh?). I went through the requesting cca process, they eventually provided an account application form from 1994, I then wrote back and said this is statute barred, they replied to say I had made a payment of £50 in August 2004 - this was blatant lies, I had no contact with Abbey or anyone on their behalf for like I say 10 years or so. I demanded proof of the payment they claimed I had made. Yesterday I got a letter from scummy Lowells saying that Abbey had been unable to provide evidence of this payment, but it had been made, hence wasn't statute barred (rubbish!!). However, they had made a commercial assessment not to chase the debt anymore and hence would stop harassing me. In the meantime I ignored the threatening letters from Lowells that threatened me with court etc. Keep at it, they are in the wrong, they are ****, they lie and cheat, they know all this and will eventually back down. Just keep demanding proof, its up to them to provide this.

It's been over a week now and heard nothing, no more phone calls, no more letters, no more postcards. Have they gone away?

Right - I just checked my credit record usng equifax and there is no record of any agreement/overdraft with Abbey on it whatsoever. I put my current address (4 years), my previous address (3 years) and the one before that (many years), the last of those being the address that Lowell are writing to me now at. Does that mean that the agreement must be more than 6 years old?

ha ha at figment of imagination - I'm having similar problems http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/186241-lowell-financial-lowell-portfolio.html They are jokers I completely agree Suzie. They think bullying and threatening people is a valid way to make money.

OK thanks - I'll hold off on the letter to Abbey and have sent the letter to Lowells again requesting they send me: evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act; proof that the debt you claim is in default is due. Lets see what they come back with.

OK Thanks for that - I shall send the letter to Abbey. I have had nothing through from Abbey for years and years, certainly nothing by recorded or registered post. Is the notice of assignment important? WHat would it say? I assume this is Abbey assigning the debt to Lowell Portfolio I Ltd?

Oops sorry for such a long post! Well done if you made it to the end

Hello all I am new to this forum and am looking for some help and advice if possible please! I was contacted by Lowells Financial Ltd in December 2008, with them claiming they were chasing on behalf of Abbey National and I owed £100. I previously banked with Abbey and did have an overdraft but thought it had all been repaid. Lowells Financial Ltd said they were acting on behalf of their client Lowell Portfolio I Limited As I have banked with my current bank for about 8 years I do not have any correspondence still with regard to the Abbey account. I wrote to them requesting the CCA, statement of account and copy of the executed deed of assignment from Lowell Portfolio I Ltd as per the letters on this forum. They eventually sent back a copy of my application to open the bank account with Abbey, dated 1994. This was for a current account with NO overdraft facility, NO cheque guarantee card and NO debit card. They did not provide statements showing the amount due. They did not send a statement of account or the deed of assignment. Their letters now make no mention of Lowell Portfolio I Ltd. I wrote back to them with the statute barred letter and they have written back saying I made a payment in August 2004 so statute barred does not apply and I must pay the money they claim is owed now. They did not provide any documentation at all. This letter was received on Monday 23rd Feb. I have no recollection of making this payment. This is further complicated by the fact this account was when I lived at my parents address, they initially wrote to me at my parents address and every time I have written to them I have put my current address at the top of the letter and advised them in bold to write to me at this address only. They have ignored this and continued writing to me at my parents address. Yesterday my parents rang me to let me know that Lowells have got their phone number and are now calling them. Being somewhat furious about this I googled West Yorkshire Trading Standards and rang their helpline. The lady I sopke to said they were acting improperly and gave me a reference number and passed my complaint onto Trading Standards. Today I have written to Lowells stating that they have not provided proper proof that the alleged debt is due and that they have not provided proof of the payment made in August 2004. I also pointed out they are writing to me at the wrong address and in light of their actions and refusal to provide the information requested I have made a complaint to West Yorkshire Trading Standards. What I wanted help with is: Is the bank account application a CCA? Surely the credit agreement is when I (at a later date) signed up to an overdraft? The first letter I sent asked for the deed of assignment from Lowell Portfolio I Ltd but they have not provided this nor made mention of this - how important is this? I understand that this is the proof that the debt is now owned by Lowell Portfolio I Ltd but as I say they have stopped mentioning this company in their letters. Do they have to provide me with statements (from Abbey) showing the debt is due? With regard to it being statute barred is it only if I have made a payment or admitted liability for the debt in writing within six years that makes chasing the debt enforceable? Is Abbey contacting me within the last 6 years (not that I can recall them doing so) enough? Finally, what will West Yorkshire Trading Standards do now? Will they actually do anything at all? I just want these people off my back. If I thought I still owed the money I would have paid it but I genuinely believe I don't, I just can't prove that. Thanks in advance Claire