Tupty Vs Red(Lowell/HSBC)

[tupty]

OK here goes Unfortunately I need advice as I found this site two days after spoke to them on the phone.

 

Got a letter from Red (Lowell ) , well a couple actually but ignored the first two as I first thought it was a [problem].

 

Then I phone them to find out what it was all about .

 

Found out a bank account I had years ago last used (1996/7) (Rarely used and actually forgotten about was in debit by about £100 ) had built up a debt of £1400 or so despite it only having an overdraft limit of £200 and me asking the bank to freeze it at the time.

 

I then worked abroad and around the country for a good 8 years and in the hassel of all that completely forgotten about it.

 

I phone RED back to say I was concerned over the time spent as i was vaugely aware of the spent time law and they claimed i had made a payment in 200/2001 of £6.00... I don't recall this at all.

 

Anyway I had agree last week that I would pay a small amount and then a set amount each month.

 

Then I read these forums.

 

Now I am of the understanding the debt is spent having been more than six years and despite me being in a position of acknowledgment am I within my rights to reject it based upon the limitations act 1980?

 

Please help

 

I am about to send the following letter based upon info gleaned from here and elsewhere.

 

 

:---

 

 

I would like to request

 

 

1 A true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account.

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists as you are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defense to any court claim that is issued.

 

 

 

 

I would also like to make you aware that 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.

 

We look forward to your reply.

 

Yours faithfully

[PriorityOne]

The letter you need is Letter M in the templates section. This one is indeed statute-barred and if you did make a payment, as they claim... then they would have to back it up with evidence.

 

Do not talk to them on the 'phone any more... because as you've already realised, they will tell you all manner of bowlarks in order to secure payments from you. I very much doubt that a payment was made in 2001/2001.... it's just their way of trying to intimidate you into paying. If they try and 'phone you, just hang up.

 

When you send Letter M.... head it up with the wording I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY... make a copy of the letter (as it contains that wording) and post it off by rec. delivery. Keep the receipt.

 

You don't need a CCA request for a stat-barred debt.... so put the £1 back in your piggy bank.

 

[tupty]

The letter you need is Letter M in the templates section. This one is indeed statute-barred and if you did make a payment, as they claim... then they would have to back it up with evidence.

 

Do not talk to them on the 'phone any more... because as you've already realised, they will tell you all manner of bowlarks in order to secure payments from you. I very much doubt that a payment was made in 2001/2001.... it's just their way of trying to intimidate you into paying. If they try and 'phone you, just hang up.

 

When you send Letter M.... head it up with the wording I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY... make a copy of the letter (as it contains that wording) and post it off by rec. delivery. Keep the receipt.

 

You don't need a CCA request for a stat-barred debt.... so put the £1 back in your piggy bank.

 

 

 

What happens if I did pay in 2000/1 ? I cannot remember see, isn't it still out side the 6 year period

[firstwithit]

were you only likely to have paid £6???

 

Dont sign the letter to them, just print your signature.

 

It has been known that funny things have been done with signatures!

[ODC]

Lowell tried that trick on me over a Statute Barred Debt. Unfortunately for them I could prove categorically that it would have been impossible for me to have mad the payment on the date they alleged. Like yours it was a very small payment and probably made by a DCA (ALLEGEDLY) when they purchased the debt just to keep things current.

 

However the onus is on them to prove you made the payment not on you to prove you didnt.

 

Once a debt becomes statute barred it cannot become unstatute barred despite the weasley words some call centre operative may tell you. So just send them Letter M and see what response you get.

[tupty]

Where can i access LEtter M?

[ODC]

Here you go

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-162366.html

[tupty]

Cheers will post back the results

[tupty]

Right an update.

 

Need advice here.

 

After I had agreed to pay the £50 and £100 on the basis of a debt being reduce to £750 from 1500 I got a letter back stating the Debt was back up to £1500.

 

SO they had reneged on the agreement.

 

No as the debt was longer than 6 years old I was told to send the standard letter. I havent yet.

 

They have since rang back and I told them they were in breach of regulations as the debt was spent.

 

Lowell say they are legally entitled to still collect the debt but admitted they weren't able to take me to court.

 

So I need advice on how to proceed are they likely to get a baliff to come or can I legally challenge that?

[tupty]

Oh I did tell them I was sending them a letter and after a phone call yesterday they have now sent me a text message. saying to contact them urgently.

[tupty]

Oh and My bank are telling me this company are wrong to claim My experian account has a default against it because otherwise it would show on their records.

 

 

So Im my book they are committing the following crimes

 

1. Demanding money by menace

2. Deception

3. Harrassment

 

What do the experts on here think?

[ODC]

DO NOT TALK TO THESE PEOPLE ON THE PHONE. As you have discovered they are economical with the truth. The debt is Statute Barred and there is absolutely NOTHING they can do about it. Send them the Statute Barred letter by recorded delivery.

[tupty]

DO NOT TALK TO THESE PEOPLE ON THE PHONE. As you have discovered they are economical with the truth. The debt is Statute Barred and there is absolutely NOTHING they can do about it. Send them the Statute Barred letter by recorded delivery.

 

Sent the letter along with a request for Information is it called CCA?

 

All info gleaned from here thanks and will keep you updated.

[tupty]

Oh got another phone call yesterday asking for a guy by his first name only. So I said yes hold on ill just get him..

 

Went to the toilet at the same time.. They must have really enjoyed listening to me taking a dump.

[tupty]

Didnt speak to them. And have sent the harrassment letter.

[ODC]

Sent the letter along with a request for Information is it called CCA?

 

All info gleaned from here thanks and will keep you updated.

A CCA request is a legal request for them to provide an executed copy of your Credit Agreement. A Statute BArred letter tells them that the alleged debt they are chasing has been barred by virtue of 6 yrs having passed with no written acknowledgement or payment as is the case with ALL these Barclaycard debts that Lowells are chasing.

[tupty]

Add HSBC too

[tupty]

Good News... Update..

 

Statute barred Letter sent to Lowells with CCA request...

 

Letter signed for so they have 12 working days is it?

 

Not only have the OFT been in touch and say they are interested I got a letter from trading standards actively responding and directly saying that they will act upon the harasment (phone calls) being received.

 

Still getting them , but first time and 7 days yesterday I didn't get one

[tupty]

Just like to say anyone else reading this .. who has been affected then dont hesitate get those letters sent and contact both the OFT and trading standards.

 

I went through Consumer Direct

 

And the trading standard got in touch WITH ME...

[ODC]

They have 12 working days to respond to your CCA request then they become in default. There was no need to send a CCA request for a Statute Barred Debt. Once you informed them a debt was Statute Barred they must stop harrassing you for it. You spent a quid that you did not need to.

[tupty]

They have 12 working days to respond to your CCA request then they become in default. There was no need to send a CCA request for a Statute Barred Debt. Once you informed them a debt was Statute Barred they must stop harrassing you for it. You spent a quid that you did not need to.

 

 

After numerous Harrassing phone calls from Lowell.

 

Red sent me another Letter.

 

I phoned them and asked why they had not responded to my request for the deed of assignment and Subject Access Request back in January.

 

They could not offer an explanation and when I phoned red back they wiped the debt out.

 

So officially Lowell cannot collect naff all.

 

I now have two conversations with two different people saying the account has been closed.

 

Ignore the letters ignore the phone calls.

 

This is all just a big [problem] by Lowell and the Serious Fraud Office are looking into it now.

[tupty]

I now have a letter confirming they acknowledge the debt as statute barred.

 

So no I'm going to sue them for damages for the stress and time off work I've had as a result of the stress.

 

They wrote saying while I sent a recorded delivery letter which was signed for they appear not to have received it.

 

So that admittance will go in my favour in court.

 

They sent me typed transciprts of their call logs as well and I have phone records proving they range me after 8pm at night contradicting their letter saying they didn't.

 

Their call centre staff was dumb enough to call me back without witholding the number as I requested..

 

Dumb git just lsot his companies case.

[ODC]

I now have a letter confirming they acknowledge the debt as statute barred.

 

So no I'm going to sue them for damages for the stress and time off work I've had as a result of the stress.

 

They wrote saying while I sent a recorded delivery letter which was signed for they appear not to have received it.

 

So that admittance will go in my favour in court.

 

They sent me typed transciprts of their call logs as well and I have phone records proving they range me after 8pm at night contradicting their letter saying they didn't.

 

Their call centre staff was dumb enough to call me back without witholding the number as I requested..

 

Dumb git just lsot his companies case.

Were the call logs a true representation of what was actually said by the threat monkeys