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what is troubeling me is the debt is i think the mixtrue of a few debts rolled into one, becuase i can not imagine where they have the figures from and as there is no clear indication of what the payment was for i still dispute the alledged payment do you think i should send another recorded delivery letter

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Yes

 

Dear Morons

 

Your recent correspondence is noted.

 

The computer printout you have enclosed is meaningless. I reiterate that as far as I am concerned this alleged debt is barred by Statute. Continued harrassment of me and demands for payment will result in a complaint to TS and the OFT. Unless you can supply conclusive documentary proof that I actuall made any payment on the date in question I will not be entering into any further discussion with you

 

yours etc

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Hi just to let you know i sent the letter about the computer generated printout and sent it recorded. then today received two letters from lowell saying that because i have not contacted them they are sending the debt to guess who red collection if i have not replied within five days and also on the same day received the letter from red threatening a doorstep visit if i did not contact them and also the usual ccj judgement, attachement of earning jargon, was thinking of sending red the letter about the computer generated print off and also the one about doorstep harrasment any one have the template for that one and do you think what i am doing is the way forward.

 

cheers to everyone

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Yes here we go

 

DOORSTEP COLLECTION VISIT – PLEASE READ CAREFULLY

YOUR REF LowellRfools

Dear Morons

I refer to your recent correspondence.

I note it is your intention to arrange a “doorstep call”, please be advised that 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 civil action will be taken.

I trust I make myself clear.

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Hi had another letter from the usual saying that as for as they are concerned my comments had been noted and the proof that they sent regarding the alledged payment was satisfactory and as a payment was made within the six years the debt is not statute barred and therefore payment in full is required.

 

Should i just ignore this letter as the last one i sent to them i told them i would have no further correspondence with them until they provided satusfactory proof that a payment had been made not a computer generated print of.

 

OR

 

Send them another letter riterating the above statement. I am sure that the print of if it went to court would not be satisfactory evidence. I do not at any time recall making this payment.

 

Also how can i get a breakdown of what the debt is for and what the amount is made up from.

 

Regards

 

 

george

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Also how can i get a breakdown of what the debt is for and what the amount is made up from.

 

What i mean't was, there were three debts with the original creditor 2 loans one credit card. I have had one figure from lowells and it does not tally with any of the debts, so i would like to ask them what the amount is for and how it breaks down ie, debt plus interest and so on and so on, wondered if there was a special form.

 

Regards

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Have a read of this post It contains all you need to baffle the Leeds Losers

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1555341.html

 

Once a limitation argument has been raised, the burden of proof is on the creditor to prove that the debt isn't statute barred.

 

London Congregation Union Inc v Harriss and Harriss [1988] 1 All ER 15, CA at 13.3)

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  • 1 month later...

hi, everyone just a quick update into the lowell saga. Sent two letters to lowell in june asking for proof of cresit agreement this was middle of julne and had the letter back, saying there client was retreving it from the archives. Can anyone tell me how long they have got to come up with it, i can't remember. Second letter was again asking for proof of the alledged payment, heard nothink back about that except the predicted offer of paying just part of the balance before a certain time,have not replied to the letter. Still sitting tight

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HORRAY HORRAY LOWELLS HAVE ADMITTED DEFEATXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXXXXX

We had the letter today saying that the client did not have the cca and they would not be taking it any further.

 

THANK YOU ALL FOR YOUR HELP ESPECIALLY ODC WHO HAS GIVEN ME GREAT ADVISE ALL THE WAY THROUGH. THANKS AGAIN

 

LOWELL LOSERS

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