stat barred

[dayno]

hi all. I've been in discussion for a while now with Lowell financial about an account i think is statutory barred that they say isn't. I've just got off the phone to them and they now agree the account is stat barred but have said i will still carry on receiving letters and may be taken to court. they also told my dad on the phone on the 23rd of may that the bailiffs were on the way round and would be there within 2 hrs if i didn't contact them, which i did. i have since been in contact with them many times trying to find out why they told him this but no one seems to want to discuss it. i spoke to a bloke from Lowell about 3 weeks ago who said that conversation would be on record (i think he thought i was bluffing) but today the bloke i spoke to said it prob won't be anymore. i recorded both these conversations myself with there knowledge. I'm not sure where i stand and could do with some advise on both these matters from some of you nice people. many thanx, dayno

[Bookworm]

Dear Lord, why are you even talking to them? That's only encouraging them, that is!

 

If you go and have a look in the "debt" section of the forum, you will find examples of letters to send them.

 

The main things to remember to include are:

- "I do not acknowledge any debt to you or any company you purport to represent"

- Any alleged debt would be statute-barred by now

- You have now been repeatedly told that the person you have been calling has nothing to do with the alleged debt, please desist from harassing that person by phone.

- Any communication from yourselves MUST be in writing, and further phone calls will be treated as harassment.

 

Tell your dad NOT to engage in conversation with them in the meantime. Tell him to say that he is not the person they're after, and refuse to discuss anything else, end of. ;-)

[rory32]

I would also ask for a copy of their complaints procedure as they have clearly broken The Data Protection Act by talking to your Dad about your alledged debt.

 

You may also wish to have a read of the following:

 

DebtHelpUK - Administration of Justice Act 1970

 

http://thecreditagency.co.uk/OFT_Debt_Collection_Guidelines.pdf

The last page covers statute barred debt.

 

As Bookworm says NEVER speak to these people on the phone.

[dayno]

thanx bookworm. i will go take a look. they say i made a payment in 2004 but i don't think i did. i've asked them to prove it but i've been told they can't prove it to me but can prove it in court if need be. i'll only be dealing with them through letters now, thanx for the advice, wish i'd known about this site a few months ago:)

[Bookworm]

i've been told they can't prove it to me but can prove it in court if need be.

 

Vexatious Litigant. Everyone has a duty to mitigate and try to settle a dispute without resorting to court. The Court proceedings should only be used as a last resort when all else has failed. Now something like this in writing would be priceless, you see.

[dayno]

they've just phoned me. i told them 'on advice, all correspondence will have to be made in writing'. nosey git wanted to know on who's advice then he said he wanted to help me by asking a few questions but i stopped him dead and said sorry it'll have to be in writing, hope i did right lol. spooky, it's like they're reading this and worrying

[dayno]

thanx 4 the link rory

[Curlyben]

Sounds like typical Lowell behaviour here.

NEVER talk to these people on the phone and if they call or send more letters demanding payment take it up with Trading standards for starters.

[dayno]

thanx curlyben. i've gone from being s**t scared to being quite optimistic. may even be fun lol

[Bookworm]

Hey, next time, tell them it's on advice from the Consumer Action Group, and let us know the reaction, I have the feeling they don't like us very much. Good.

[Curlyben]

Well I know a certain "manager" of Hamptons ilLegal certainly doesn't like me

[Bookworm]

Going to move this thread to the Debt collection Forum, peeps. Hang on to your hats. ;-)

[ScarletPimpernel]

they now agree the account is stat barred but have said i will still carry on receiving letters and may be taken to court.

 

I think not. The OFT guidelines are quite clear in relation to statute-barred debt:

 

Para 1.14(b)

 

- it is unfair to mislead debtors as to their rights and obligations, for

example, falsely stating or implying that the debt is still legally

recoverable and relying on consumers not knowing the relevant legal

provisions, and

 

- 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.

 

 

My inclination would be to write to Lowell Financial along these lines:

 

Dear Curs

 

I refer to our telephone conversation of (date), in which (name of monkey, if known) agreed that the debt is statute-barred, but stated that Lowell Financial would continue collection activity including Court action.

 

As holders of a consumer credit licence, you are bound by the Office of Fair Trading Guidelines on Debt Collection. You will be aware that the Guidelines state that:

 

"it is unfair to mislead debtors as to their rights and obligations, for

example, falsely stating or implying that the debt is still legally

recoverable and relying on consumers not knowing the relevant legal

provisions, and

 

- 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."

 

In light of this, I would be grateful if you would confirm that it is still Lowell Financial's intention to continue collection activity. In the alternative, please confirm that Lowell Financial will comply with the OFT guidelines, now and in the future, and that no further action will be taken in respect of this debt. Please reply within seven days, failing which I shall be obliged to make a formal complaint to Trading Standards and the Financial Ombudsman Service.

 

Yours etc.

 

 

If they are stupid enough to ignore you, or don't respond with the right answer, complain to TS and FOS.

[dannyboy660]

If you're 100% sure the debt is statute barred you could quite safely ignore them, there's not a damn thing they can do.

 

It might be a good idea to follow the advice given and if they continue to bother you, make sure you complain because opportunities like this are just too good to miss. People really do need to go on the offensive where Lowell are concerned because they seem to concentrate on buying statute barred or unenforceable debt. It such a shame more people aren't aware of the facts.

 

Go get 'em.

[oneofakind]

It would be good to get the words 'vexatious litigation' in that letter too... make it clear to them that their threats are not going to get them anywhere:

 

'Also, any attempt to bring Court proceedings to recover a debt which you have agreed is statute barred is doomed to fail, and is likely to be viewed by the Court as an act of Vexatious Litigation.'

 

[Percival Wigglesbottom]

If you know it is statute barred and you have sent the statute barred letter , you can make them correspond with you to a greater degree by sending them letters to say their complaints department. They will reply and always finish off the letter with a reference to making a payment .

 

Every time they do this, of course they are in breach of the guidelines they are signed up to as csa members , make them dig a big a hole for themselves as possible , make them commit themselves to irrefutable transgressions of their supposed code of conduct. Then hit them hard with a complaint for every single violation they have commited. Sit back and let them take you for a fool while you gather the evidence.