Lowell Financial

[shane5408]

Hi Jane,

 

Can i ask have there been any payments within the last 6 years to any of the dca's? I realize you may of spoken to them on the phone but the onus of proof is on them to show the debt is not statue barred, I'd be inclined to send the following letter first, then if they come back and respond with proof there has been contact/payments we can tackle it from there and send of CCA Requests. the letter you need is:

 

 

 

I ACKNOWLEDGE NO DEBT TO YOU OR ANY COMPANY YOU PURPORT TO REPRESENT

 

Dear Sir/Madam

 

ACC/REF NO:

 

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

 

 

 

kind regards,

shane

 

____________________________________________

All advice is offered freely & without prejudice

 

 

If my post has been useful to you please click the scales

[shane5408]

also, don't sign the letter, just print your name

[shane5408]

hiya,

 

i would send the letter above for now, make sure you send it recorded delivery as well. If they then reply post up their response and i can advise further

 

kind regards,

shane

[shane5408]

Hiya,

 

In that case I would also send them the following letter, they have absolutely no legal right to visit you at ur property and they know it! 99% of the time it is scare tactics but you cannot rule it out, if anyone happens to show ask him to leave and call the police, even if he/she then goes make an official complaint to the police and retain the crime ref no.

 

 

 

Be advised that I will only communicate with you in writing. 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 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.

 

I trust that this clarifies your position and mine.

 

regards,

 

 

 

kind regards,

shane

[shane5408]

Hi Shane,

 

Is there any reason why a CCA shouldn't be sent at this stage as well?

 

Newborn

 

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