Lowell (again!)

[Swirly]

Hi,

 

I have just received a letter from them regarding a place I lived in during 1991, asking "We'd like to know if you ever lived there?".

 

I did live there when I was a student in 1991 (maybe 1992) and now in 2008 have received a paper-mail from Lowells asking if I ever lived there.

 

I have several questions:

 

-Do I have to say "Yes, I lived there"?

-Does my credit record get rubbished by people who lived there and didn't pay their debts?

-If they did take out loans am I still affected after 16/17 years????

-Are any CCJ's that have been served on the people in that property relevant to me? Or are loans taken out in my name relevant to me after 16.17 years?

-Can I just ignore the letter from Lowells?

 

The text of the letter is:

 

Dear Mr X,

 

Or Ref: xxxxxxxx

Original address: xxxxxxxx

 

We are trying to contact you regarding the address of XX, XXStreet, XXTown, XXpostcode. We have recently been supplied information that suggests you previously resided there.

 

It would be appreciated if you would contact us immediately on the telephone number provided below to confirm the update to your address details.

 

If we do not hear from you we will assume the information to be correct and update our systems accordingly.

 

We look forward to hearing from you and thank you for your co-operation in this matter"

 

It is signed by "Simon Armitage, Customer Contact Manager"

 

I think this might not be legal since I thought after six years, debts were written off, whoever they might be requested by.

 

I'm scared by this because I'm now purchasing a new house for my wife and kids and wouldn't want to be haunted by the tenants arriving after me in my student house 16/17 years ago!

 

Me and the Mrs (+the new kids) would really appreciate the advice.......

 

Swirly

(It's not my real name!)

[Lula]

Hi Swirly, no you dont have to talk to them at all, dont even bother answering them. Whether you owed anything or not, the alleged debt would be statute barred anyway, so will not affect you. If you have any more correspondence from them, come back and tell us and we will advise further.

[Swirly]

Thanks Lula

 

I certainly shall.

 

Do you mean that all debts from my previous 'existence' are written off?

 

Swirly

(Thanks for your help)

[Lula]

Anything that is over 6 years that you havn't received any correspondence over is statute barred or 12 years for a mortgage, there are certain circumstances where things could come back, but we are talking 16 years? no, don't worry about it at all, if they send any more letters, scan them up here or type them out and we can advise further. there is no need to talk to them, infact we would actively discourage you from talking to them, they are on a phishing exercise.

[Swirly]

Hi people. Many thanks for such a fantastic source of information regarding consumer advice (Don't worry, fawning over!)

 

Here's a pic of my second letter from Lowell, with personal details blanked:

 

(Click the thumbnail for a bigger pic.)

 

I have no intention of replying just yet with any letter.

 

What will be their next step and when's the best time for me to send them the Statute Barred letter?

 

At present I can just see them wasting money chasing this small debt when they must know that they're trying to pull a fast one.

 

When can I justifiably report them to Leeds TS? (Don't worry, I definitely will.)

 

Thank to everyone for your help.

 

Swirly

[Boro]

FYI red debt, hampton legal and lowell are all trading styles of lowell portfolio I, same company different note paper to make it seem more serious than it realy is and (imo) to scare people

[inapinch]

Hello

 

I am in the same situation as Swirly with Lowell Portfolio regarding a debt with Barclaycard I defaulted on in 1995/1996. Until 2 weeks ago, this is the first time I have heard anything further about it. To be honest, I completed forgot that I had even had it until I got the same letter, asking me to confirm that I lived at that address and if I ignored it then they would assume that I did and update accordingly.

 

I didn't respond to this letter and have now received another one stating that the debt has been sold to Red Debt Collection and the balance is just over 1000 GBP. I can't even remember what the original balance was but I am sure it was no where near that.

 

The letter states that they want me to contact them by phone to recover the outstanding balance and I can't afford to pay this at the moment. I havent contacted them as of yet as really need some advice. Is this statute barred? Do I need to send them a letter claiming this and if so, is there a template somewhere? Is this going to effect my current credit rating?

 

Please help, I'm a bit worried...

 

Thanks guys

[sillygirl1]

REport Lowells and Red Debt to Leeds Trading Standards, they are NOT ALLOWED to chase statute barred debts and must be desperate to chase debts as old as these... it's well against regulations.

 

Inapinch you need to start a new thread on this.... but take/send the letter to Leeds Trading Standards, they are aware of Lowell and Red Debts tactics and should intervene on your behalf.

[inapinch]

Thanks so much Sillygirl, I'll get on that 1st thing tomorrow...!!

[tomterm8]

You need to send them the statute barred letter first, LOL.

[Brassed off]

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

The statute barred letter is letter M

[Swirly]

Statue Barred letter being sent by special delivery tomorrow

 

Thanks for your help guys!

 

Swirly

[Brassed off]

Let us know how you get on Swirly

[ODC]

REport Lowells and Red Debt to Leeds Trading Standards, they are NOT ALLOWED to chase statute barred debts and must be desperate to chase debts as old as these... it's well against regulations.

 

Inapinch you need to start a new thread on this.... but take/send the letter to Leeds Trading Standards, they are aware of Lowell and Red Debts tactics and should intervene on your behalf.

The debt still exists and Red/Lowells can ask you to pay it. It is unenforcable through the Courts and you must tell Lowells that the debt is Statute Barred and that you will NOT be paying it. If they then continue to harass you for it then report them to TS

[Guest thecheekofit1981]

"It would be appreciated if you would contact us..."

 

It would be appreciated if they stopped chasing old debts, more like!

[mr.ton]

"It would be appreciated if you would contact us..."

 

Just how appreciated exactly?

That they wouldnt ask for any money perhaps?

[Swirly]

Maybe they're just lonely

 

Seriously though, if Lowell try and contact me again (other to confirm they will not chase anything) then I fully intend to report them to all and sundry. I'd actually like to cost them more than the £70 that they allege is owed!

 

Swirly

[Swirly]

Here's the reply that was sent:

 

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

 

House Number

Street

Town

Area

Postcode

 

26th January 2008

 

 

Red Debt Collection Services

PO Box 203

Leeds

LS11 1BG

 

Sent by Royal Mail Recorded Delivery

 

 

Dear Sir

 

Ref No: XXXXXXXX

 

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 Office of Fair Trading 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 Office of Fair Trading 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. If you continue to pursue this matter then a complaint will be made to West Yorkshire Trading Standards Service, The Office of Fair Trading and your own Complaints Procedure will be initiated.

 

We look forward to your reply.

 

Yours faithfully

 

Printed Name

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

 

I have a few questions:

 

1) Can I claim costs for any future letters I have to write if I tell them that any information that I provide will be £10 per letter, etc?

2) If they write again can I make a harassment claim?

3) Who else can I complain to? Will Citizens Advice Bureau be interested?

4) If they ignore my letter, who can I shout at?

5) How else can I really turn the screws on these people?

 

Any advice is always welcome.

 

Oh, "Hi Lowell ;)", 'cos I know you're watching, by the way.

 

Swirly

[ODC]

I have a few questions:

 

1) Can I claim costs for any future letters I have to write if I tell them that any information that I provide will be £10 per letter, etc?

2) If they write again can I make a harassment claim?

3) Who else can I complain to? Will Citizens Advice Bureau be interested?

4) If they ignore my letter, who can I shout at?

5) How else can I really turn the screws on these people?

 

Any advice is always welcome.

 

Oh, "Hi Lowell ;)", 'cos I know you're watching, by the way.

 

Swirly

 

1. You could try invoicing them for your time but I would think it highly unlikely they would cough up.

 

2. Yes

 

3. Complain to Trading Standards locally and a copy to Leeds. The OFT. A formal complaint to Lowells and when you get their useless final response a formal complaint to the FOS. National newspapers

 

4. See above

 

5. See above.

[Swirly]

Well, I've not received any response from Lowell. Maybe that's the end of it....maybe not.

 

I really can't believe these stupid cretins can expect me to respond with what they want!

 

I know my rights (from the CAG forum) and will not respond to pressure.

 

If anyone else is getting these types of letters then take a look at this link:

 

http://www.consumeractiongroup.co.uk/forum/campaign/128102-lowells-financial-services-campaign.html

 

We may be able to get these low-lifes to stop their harassment.

 

Swirly

[ODC]

Sit back and wait to see what weasley words they come up with but I honestly think you should complain about them. You will get a letter from them saying this debt will not go away and they will be advising their clients (themselves) as to what further action they shoiuld take if you do not pay. OR They will offer you a 50% discount.

 

The debt is Statute Barred. There is nothing they can do END OF.

[Swirly]

Surprise!!!

 

Lowell have now offered me a 50% reduction in the alleged debt! That takes the amount they're claiming from me down to £35.

 

So far, they've sent me five letters (one every week, to the day) which must have cost them more than £35 when you consider the cost of printing, postage, storage on their records, etc etc.

 

They have a statute barred letter. Why are they bothering?

 

Are these people stupid? Sorry, that was a rhetorical question.

 

Apparently I have seven days in which to respond. Don't think so!

 

Swirly

[Swirly]

And now I'm wondering......how much cash can I actually make these clowns spend on chasing me before they realise they're onto a losing streak and give up?

 

Any suggestions for questions I could ask to clarify the supposed debt? I could really go for it and ask questions such as, "Who is your supervisor?", "Can you confirm that you have received my last letter?" and when they've got completely bored of me, "Can you tell me why you have decided to write off this alleged debt?".

 

Some years ago I heard that it cost about £25 to send a letter. This cost has certainly reduced due to advances in technology, etc, but I'm sure it must cost some money to reply to my advances.

 

If they don't reply to my (legitimate) questions then do I have a right to complain about them for each and every request?

 

I really am interested in making this company's life as difficult as possible so.....suggestions anyone?

 

Swirly

[ODC]

Its now time to write again to these idiots and ask for details of their complaints procedure. You should also report them to Leeds TS who are very interested in the manner in which they are chasing this Statute Barred debt. Lowells are in breach of OFT guidelines by continuing to chase you for this Statute Barred debt

[tomterm8]

Surprise!!!

 

Lowell have now offered me a 50% reduction in the alleged debt! That takes the amount they're claiming from me down to £35.

 

So far, they've sent me five letters (one every week, to the day) which must have cost them more than £35 when you consider the cost of printing, postage, storage on their records, etc etc.

 

They have a statute barred letter. Why are they bothering?

 

Are these people stupid? Sorry, that was a rhetorical question.

 

Apparently I have seven days in which to respond. Don't think so!

 

Swirly

 

Given these letters are just clasic mail merger letters, not human written, they probably costs £1.25 - £2 to send in total.