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Advice regarding Lowell/Red Collection

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Hi,

 

Hello to everyone from a newbie although I have been lurking for quite a while :)

 

I had a letter back in January from Lowell trying to get me to pay a Barclaycard debt from 1991. I sent them a demand to send me a copy of the credit agreement and I had several letters acknowledging this saying they would get back in touch when Barclaycard had supplied them with the agreement.

 

They acknowledged receipt of my letter on 22 January but as yet I have had no credit agreement from them. Now that the 1 month is up, should I make the first move and inform them that the debt was statutory barred (it was over 6 years old, no payments have been made since 1991 and I have not acknowledged it) or should I just sit back and wait?

 

I am slightly concerned that they may try something else so I was wondering if it's best to make the first move.

 

Thanks

 

southnorth

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Hi

 

from what I understand and I have been reading on here for a few weeks...this is the lye of the land.

 

 

1) If they can't produce a signed copy of your credit agreement then there is no case to answer. As yet they have failed to do so looks like 1-0 to you.

 

What you have to remember here is that back in 1990 or even into 2000 scanning docs into pcs was almost unheard of - it is labour intensive and took up huge amounts of expensive disc space- so the practise was often not done. This means that your file is only on paper and chances are that even if your original creditor kept them nice -when the debt was sold then paperwork didn't follow and end of debt. I would like to point out that it is now common practise to scan all docs to Hard drive - you can now buy a terabyte HDD for £150 retail or there abouts - that's a lot of data storage space for not much money.

 

2) Even if they do produce credit agreement there are often several escape routes due to missing info on the orginal form or even wrong type of form used. Perhaps 2-0 but for caution we shall keep score as 1-0

 

3) As you state- WELL over 6 yrs since either last contact or payment - hence statute barred - 2-0 possibly 3

 

If over 6 yrs then: Whoever is chasing you can still legally do so - but they can only ask you to pay - they can't force you and they can't take any legal action either. The Debt is still there - just nothing they can do about it. When you send SB letter their letters should stop or you can take them to court for harrassment.

 

Personally, I would send SB letter - copy of which is in templates - by recorded delivery as this then gives them little room for manouver - either they PROVE you have been in contact to acknowledge debt in last 6 yrs or prove payments have been made to account or they have to call it

 

GAME OVER 3-0

 

 

:)

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Wait until they contact you again (if they even bother).... and then send the statute barred letter in the template section (by rec. delivery).

 

If no payments were made after 1991, this would be well statute-barred by now unless you already have a CCJ (County Court Judgement) in connection with it... and they can prove that.

 

:)

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Hi I think you may know this already but my advise is if you made no payment or acknowledged of the debt for the same 6 year period then debt is statute barred and cannot be unbarred. I would write to them to remind them that they have a statute barred debt and trying to enforce a statute barred debt is a no no IE tell em to bog off.

 

all the best dpick


cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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Statute-barred is statute-barred. Whether you write to them first or wait until they contact you is your choice.... No worries either way though.

 

:)

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