Lowell/Red Debt Collections??????

[Dave0657]

Good day all, Having read a few of the threads on here im in the belief that this is the best place for advice.

 

Earlier this week i received a letter from Lowell claiming they had purchased a debt from Lloyds bank in my name of £4000 and that they would be passing it to there other dept Red Debt Collections. The following day i received a letter from Red Debt Collections informing me of the same debt and that they wish me to contact them to arrange either payment in full or make suitable payment arrangements.

 

The debt in question is from 1996. I being a young soldier came home one summer and borrowed £6000 to purchase a car. I paid my repayments until 1998 where i then admitedlly stopped paying. Since 1998 i have not heard from Lloyds TSB whom i borrowed the money from and neither have i contacted them. There has been no correspondece between us for over 10 years now??

 

I believe from reading on here that as it is past 6 years of any type whatsoever of correspondence then i am within my right to refuse any further payment. (I have not contacted them yet)

 

Also after these letters i got an experian report. I noticed that upon my report there is no mention of any Lloyds TSB account. I also noticed that Lowell have viewed my credit report 4 times in the last 8 weeks. This has been done without any knowledge or consent from myself. I have not even applied for any credit from a different company within this time???

 

How do i go about sorting this out??????

 

Dave

[ODC]

Send these clowns the Statute Barred Letter. They are a bit slow on the uptake but eventually the message will sink in.

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

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.

 

 

[Dave0657]

Thanks, This i will do Monday first thing. As for the fact they have viewed my Credit report without my consent can i do anything about this

[ODC]

They will say taht they have a right to look at it as when you signed the HP for the car you would have signed a bit about your details being checked with Credit Reference Agencies.

 

Send the Stat Barred letter by recorded delivery. DO NOT SIGN THE letter. They will respond by saying that they are prepared to offer you an amazing discount if you settle right away. They are peeing in the wind as there is no LEGAL action they can take on a Statute barred debt. Let us know their silly response

[Dave0657]

I received 3 letters from them today and to be honest i lost my rag and called them. (I did not admit or acknowledge any debt with them) I asked them if i could be sent a copy of the agreement between them and Lloyds for the alleged debt as i have no idea what they are going on about. They told me i made a payment upon 28th June 2002 of which i replied i had no recollection of making any such payment and that i requested proof of such payment. I asked who was the payment made too and the answer i got was "I cannot tell you". I informed them that if i had made a payment for the alleged debt then this would show upon my credit report as a default and the last payment being on the 28th June 2002. I explained my report has no mention of Lloyds and neither does it have any kind of default or judgement of said amounts of monies. The guy repeatedly said "Have you had a loan from Lloyds" to which i kept replying "I do not wish to disclose my personal information to yourself" The result he got irrate and put the phone down on me to which i laughed for about 15 mins uncontrollably. I then sent them this letter

 

Mr xxxxxxxxxx

xxxxxxxxxxxxx

xxxxxxxxxxxxx

xxxxxxxxxxxx

xxxxxxxxxxxx

 

9th April 2008

 

WITHOUT PREDUJICE

 

Dear Sir/Madam

 

Acc/Ref No –xxxxxxxxxxxx

 

You have contacted myself regarding the account with the above reference number, which you claim is owed by Myself.

I do not acknowledge ANY debt to your company.

 

I would like to 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.”

 

I 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 me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me 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”.

 

Also upon the 9th April 2008 whilst in conversation with an advisor of your company they stated that they have evidence of myself making a payment upon

This alleged debt in June 2002. After speaking with the consumer Credit Counselling Service I was advised that I am entitled to see proof of any such payment being made.

 

I was also advised that if a payment had been made upon an alleged debt this would then show as a default upon my credit report as no further payment. I can confirm that

There is no such default for any alleged Lloyds debt nor is there a default of such value upon this report from any companies.

 

I 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.

 

I look forward to your reply.

 

Yours faithfully

 

xxxxxxxxxxxxxx

[ODC]

Certain DCAs have been known to 'invent' imaginary payments of a couple of quid to try to keep a debt within the dates. In fact Lowells tried this trick with me. Unfortunately for them the date they quoted I can prove that I could not possibly have made such payment. They have been repeatedly asked for proof that I made such a payment and have yet to supply any proof whatsoever. This would be because they cannot.

[traderman]

When I contacted Lowells about a similar alleged debt that would have been clearly statute barred, they came up with a letter that said I made "an attempted payment" on a certain date within the 6 years. What? Did I nearly write a cheque, or did I trip and just miss the post box after writing a cheque or did I buy a postal order and then get really depressed and decide to give it to my hamster to chew?

 

As I have only ever had one bank account in the last 20 years of which I have every statement, I can show that no such payment was made, as I am sure you can if you ask your bank. The statement they are making may be a throw away statement for them, but could constitute attempting to obtain money by deception or perverting the course of justice? What do you think?

[Dave0657]

Thats good to know ODC. That has been niggling me but i am pretty damm positive i have not made any payment. I tried to catch them out and called back to a different operator and said "Im sorry your colleauge has just told me of a date when i SUPPOSEDLY made a payment upon an ALLEGED debt. Can you tell me this date please for my records. This person then gave me the same date. That left me wondering if they really do have a date or if its a date pulled out the hat and put onto their system by the person responsible for setting up cases.

 

Either way they have to prove i made a payment.

 

Also before the end of my second call the operator said "Mr HXXXX if you can make payment today i can offer a major discount" After i picked myself up from laughing so hard i said "Discount on what? I dont owe you anything so how can you offer me a discount" He then also put the phone down.

 

He also told me that as i had contacted them i now had 14 days to pay the amount in full. I asked "And if i dont pay????" he replied "Errr i dont know it will be passed to someone higher up"

 

ABSOLUTE MORONS.........But such fun!!!!!!!!!!

[Dave0657]

Traderman good thought i will look into this it sounds good. Although i suppose i would have to prove they said this

[PossVox]

Hi Dave and Traderman,

 

NEVER SPEAK TO THESE "PEOPLE" ON THE PHONE!!!

 

They will lie, intimidate and bully you to make a payment or admit the debt.

 

You cannot rely on what they say if you have to go up in front of a judge ( should it come to that).

 

KEEP EVERYTHING IN WRITING ONLY and KEEP ALL LETTERS SENT AND RECEIVED.

 

SEND ALL LETTERS BY RECORDED DELIVERY or SPECIAL DELIVERY.

 

Sorry to spoil your fun but you may have to rely on your paperwork one day.

 

I had to today:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/134225-advice-please-sd-received-7.html#post1465239

 

PV :-)

[traderman]

Do them the standard statute barred letter above, they happily stated it in writing to me, even quoting the made up amount and date. I'm keeping it in reserve. I have just won in getting an SD set aside with costs and am going hunting for them first!

[Dave0657]

PV i fully understand. I called them in a moment of madness and anger and realised later that in that state i could of said anything that could have gone against me although in this call i didnt. Im sticking strictly to paperwork from now on for definite. Most definitely after reading your thread.

 

Trader thanks for the info too mate.

[dannyboy660]

Thats good to know ODC. That has been niggling me but i am pretty damm positive i have not made any payment. I tried to catch them out and called back to a different operator and said "Im sorry your colleauge has just told me of a date when i SUPPOSEDLY made a payment upon an ALLEGED debt. Can you tell me this date please for my records. This person then gave me the same date. That left me wondering if they really do have a date or if its a date pulled out the hat and put onto their system by the person responsible for setting up cases.

 

Either way they have to prove i made a payment.

 

Also before the end of my second call the operator said "Mr HXXXX if you can make payment today i can offer a major discount" After i picked myself up from laughing so hard i said "Discount on what? I dont owe you anything so how can you offer me a discount" He then also put the phone down.

 

He also told me that as i had contacted them i now had 14 days to pay the amount in full. I asked "And if i dont pay????" he replied "Errr i dont know it will be passed to someone higher up"

 

ABSOLUTE MORONS.........But such fun!!!!!!!!!!

 

The date they have given you will be the date they 'bought' the debt. It will be the same on the system whoever you speak to. When they 'buy' the debt from the original creditor they are effectively making a payment on your behalf, although without your knowledge or agrement. The trick is now for them to get you to acknowledge and agree etc, thereby giving them the legal right to collect. Be warned.;-)

[PossVox]

PV i fully understand. I called them in a moment of madness and anger and realised later that in that state i could of said anything that could have gone against me although in this call i didnt. Im sticking strictly to paperwork from now on for definite. Most definitely after reading your thread.

 

Trader thanks for the info too mate.

 

That's excellent Dave!

 

Now do your research on here, shout when you need advice or support and then......

 

GO GET 'EM!!!!

 

PV

[Dave0657]

Where should i have sent this letter to. Should it be the PO Box address, The Apex House address or both?????

 

I have only sent to the PO Box address ???????

[psykix]

The PO box address is fine, but hope you sent it recorded delivery.

 

I had to send 2 letters, but they eventually gave up and acknowledged that it was statute barred. I'm guarding that letter like it is gold dust, in case they try anything again in the future!

[Dave0657]

Thanks PSY I have now sent it to both addresses so will sit back and wait and see what or if they reply.

[forumreg1]

Dave

 

Be careful about your use of Without Prejudice on your letters. It is not the correct use at this stage, only when you are negotiating a settlement. If it goes further and ends in court you are better to be able to present your correspondence before them to show how reasonable you have been.

[Dave0657]

I did this only on the advice from the Consumer Credit Counselling Service and did not understand this to be incorrect. Point taken though and i will note this for any future correspondence

 

Dave

[Dave0657]

WOW WOW WOW WOW WOW:o :o :o

 

I got a reply saying this word for word:

 

Our Ref: *********

Original Creditor: Lloyds

Balance Outstanding: £0.00

 

I am writing to inform you that after further examination of your account it has become apparent that it is now subject to Section (5) of the Limitation Act 1980 and as such we have now closed the account and can confirm no further correspondence will be sent to you.

 

Please accept my apologies for any inconveniance caused by this matter.

 

Your Sincerely

 

************

 

CHIEF OPERATIONS OFFICER

[Dorabell]

congratulations and well done dave i hope i get the same result:lol:

[Dave0657]

I cant believe it £5000 debt gone!!!!!!!!

 

Thank you to everyone for your advice. I will be kepping this letter like gold dust

[ODC]

Poor old Andy Pandy has been sending out loads of these letters recently. I just got two of them

[Dave0657]

Poor old Andy Pandy has been sending out loads of these letters recently. I just got two of them

 

This is a good thing though right?

 

About bloody time they backed down a little. From some of the things i have seen posted on here some people definitely deserve the relief of receiving one of these letters