Lowell Financial

[Curlyben]

Ooops sorry thought it was a CCA.

Well that's even better as the ball is firmly in their court now.

[ODC]

A debt become Statute Barred if 6 years (5 in Scotland) pass without a payment being made or a written acknowledgement made regarding the debt. Once a debt becomes Statute Barred it can never become enforcable. A DCA may ask you to pay it but you are under NO LEGAL OBLIGATION to do so. If you inform them that you will not be paying then they are in breach of OFT guidelines if thecontinue to harras you for the money. They may well commit an offence under the Administration of Justice Act.

 

An important thing to note is that the onus of proof rests with the DCA to prove the debt is not Statute BArred not on the debtor to prove it is.

[Fairy Jane]

Evening All.

 

Just wondered if I should be doing anything. I have not received any other correspondence from Lowells apart from their threatening letter. Should I just sit tight now?

 

FJ

[Curlyben]

WAIT for Lowells to respond.

There's nowt else to do, apart from taking up knitting or maybe extreme ironing

[ODC]

Lowells letters follow a cycle. They will go round in circles nopefully so much so that they will disappear up their own ................................................................................................ I think you know

[Fairy Jane]

Of the two activities - I can knit but haven't done so for some years.............. and the other activity - I detest doing that - my husband calls my ironing pile Mount Vesuvius!!! Will just watch the soaps instead. Thanks for the advice.

 

FJ

[shayla222]

Hi Everyone,

 

I would first of all like to thank you for all this information and I am really pleased I researched before reply to Lowell letters.

 

My situation like many got out hand as a youngster and was in debt with one or two card companies some 7 plus years ago.

 

I have been receiving letters/ postcards (2nd class) stating that they want to visit, I should call them so they can assist with a repayment scheme and even to orgainse a vist from their meat heads!!!

 

Firstly if i am reading this right then a debt which is over 6 years old they haven't really got a chance as this is more likley to be statute barred, or shortly getting to that stage.

 

What should I do, as I dont have the money and dont really want them knocking on my door? Is the first letter that Shane states they best course of action firstly, then after ask for a CCA.

 

I would really like some assistance if anyone could help me with this.

 

thanks

[Tau]

Hi Shayla222

 

You may find it easier if you started your own thread regarding your problems, as things will get confusing for everyone if two threads are combined.

[shayla222]

Hi TAU,

 

Whoops sorry, thanks for the advice.

[Fairy Jane]

Hi Guys and Girls

 

Just reading through the mountain of posts re Lowells. Can't believe so much has gone on in the last couple of weeks. Have been poorly and not being up to sit in front of computer. Doc says almost got an ulcer. Is it any surprise. Anyway just wondered if I should still be sitting and waiting. Haven't received anything else since I sent my letter requesting confirmation being statute barred apart from their letter which crossed in the post as previously mentioned. Hate waiting and would like to know if I should do anything else.

 

Regards.

 

Fairy Jane.

[tupty]

Although in a CCA Request you expressly mention the £1 fee is only to be used for the request itself, many companies allocate it to the account anyway and try to use it as debt ownership.

 

you only need send a CCA Request if they can prove the debt is not statue barred, if they can't the debt is completely unenforcable.

 

regards,

shane

 

 

 

Lowell asked me to send £10

[ODC]

Lowell asked me to send £10

Which is probably £9.99 more than they paid for the debt. Send them nowt. There is no fee for you tell them a debt is Statute Barred

[tupty]

Ah but when they cash the money I can then proved they opened the letter which had the CCA request in.

 

As it was also signed for it is undeniable.

 

Worth letting them take me to court to spend all their money for me to have them pay the costs.

 

 

 

Which is probably £9.99 more than they paid for the debt. Send them nowt. There is no fee for you tell them a debt is Statute Barred

[sethjensen2]

fairly jane, i too had a debt with Lowell financial and i called them and we arranged a payment plan. at the end of the day you owe the money as i did. my advice would be to call them and set up an arrangement, the last thing you want to do is ignore it, they have the ability and right to take you to court and secure the debt by having a charge on your property.

 

it's about time you and everyone else who owes money pay it back instead of trying to get out of paying your debts.

 

millions of us pay our debts why shouldnt you!!!

[dannyboy660]

fairly jane, i too had a debt with Lowell financial and i called them and we arranged a payment plan. at the end of the day you owe the money as i did. my advice would be to call them and set up an arrangement, the last thing you want to do is ignore it, they have the ability and right to take you to court and secure the debt by having a charge on your property.

 

it's about time you and everyone else who owes money pay it back instead of trying to get out of paying your debts.

 

millions of us pay our debts why shouldnt you!!!

 

 

Hi Seth, glad you could drag yourself away from "The Woolpack"

 

Just out of interest how much did you borrow from Lowells???

[sethjensen2]

just pay your debts like the majority of us have to!!! it is because of people like you that people like me have to pay more interest and bank charges so it cover yoour loses.

 

i have 3 debts 2 with Lowells and 1 with Cabot, i found both of them reasonable

[ODC]

fairly jane, i too had a debt with Lowell financial and i called them and we arranged a payment plan. at the end of the day you owe the money as i did. my advice would be to call them and set up an arrangement, the last thing you want to do is ignore it, they have the ability and right to take you to court and secure the debt by having a charge on your property.

 

it's about time you and everyone else who owes money pay it back instead of trying to get out of paying your debts.

 

millions of us pay our debts why shouldnt you!!!

 

just pay your debts like the majority of us have to!!! it is because of people like you that people like me have to pay more interest and bank charges so it cover yoour loses.

 

i have 3 debts 2 with Lowells and 1 with Cabot, i found both of them reasonable

Arent you the lucky one.

[sethjensen2]

sorry guys im new to all this and trying to work it out !!!!

[ODC]

Seth Jensen do not believe all you were told by your friends in Lowell and Cabot.

 

To get a charge on your property they have to obtain a CCJ. To obtain a CCJ they have to prove a debt is owed, to prove a debt is owed they need an executed CCA.

 

They CANNOT get a CCJ on a Statute Barred Debt. They can actually do NOTHING on a Statute Barred debt.

[sethjensen2]

ODC

 

you obviously disagree and think not paying debts back should be the norm!!

 

is this correct

[sethjensen2]

ODC

 

fairy janes debt is not statute barred, she has said she paid moorcroft in 2003. the fact she paid something surely would be enough to get a CCJ, would it not?

[dannyboy660]

ODC

 

fairy janes debt is not statute barred, she has said she paid moorcroft in 2003. the fact she paid something surely would be enough to get a CCJ, would it not?

 

 

But why leave it so long?? The debtor could move home, become seriously ill, emigrate, or even die in the meantime. Why they don't get a CCJ is the very crux of the whole thing.

 

Perhaps they can't....have you considered that possibility???

[ukaviator]

Consumer Action Group and Bank Action Group, do not condone debt avoidance merely by the exploitation of loopholes, but similarly we do not condone debt enforcement by the means of manufacturing certain elements, and purporting to meet requirements put in place by Parliament.

 

I have a feeling sethjenson2 that you are a Lowells employee, so you are not new to this trying to work it out. I maybe wrong, but i don't think so.

[ODC]

ODC

 

you obviously disagree and think not paying debts back should be the norm!!

 

is this correct

You can think whatever you want or toe the Lowell part line. I have never condoned debt avoidance. Similarly I do not condone paying your emplyers huge sums for a debt they cannot prove and bought for pennies. In my dealings with DCAs I expect them to abide by the law. In my experience with Lowells they flout the law continuously so they can expect nothing but contempt from me. The Limitations Act 198o S5 is quite clear as are the OFT Guidelines on Debt Collection. The sooner DCAs act within the law and behave like normal human beings the more success they may have. The more people they abuse and threaten the more they drive to sites like this.

[Welshwoofs]

just pay your debts like the majority of us have to!!! it is because of people like you that people like me have to pay more interest and bank charges so it cover yoour loses.

 

i have 3 debts 2 with Lowells and 1 with Cabot, i found both of them reasonable

 

Sterling advice there Seth. If I took that advice I would be paying Lowell's nearly £4k for debts which aren't even mine because these intellectually challenged bloodsuckers have got the wrong person.

 

Given the choice between giving £4k I don't owe to Lowell's or withdrawing it from savings in £5 denominations which I'd individually roll and then insert in my rear end whilst singing 'Everybody loves a Sailor' I can state for a certainty that I'd go for the latter option