Advice please help

[dippychick]

Hi I have posted regarding this matter before but am getting more and more confused as to the best way forward

 

My husband has received a letter from Lowells claiming they have bought an account of his from Lloyds and that he now owes them money.

 

My husband says he has only ever had two accounts with Lloyds. 1 is a mortgage account and he is in regular contact with them over this matter and has been for the last 4 years.

 

The other account was one they insisted he had to pay said mortgage from and he believes this is the account that Lowells may have "bought"

 

He was not aware there was anything owing on it. After all Lloyds have known where he is for last 4 years and have not made any attempt to discuss any alleged problem with this account.

 

I believe I am right in saying that a bank account is not governed by CCA and so it's pointless CCA'ing Lowells. My husband is however pretty sure that the account in question has not been used in well over 6 years (more like 8) and he has had no correspondence in this time.

 

I understand that he can claim this is now a statute barred situation and that the onus is then on Lowells to prove otherwise. If he goes down this route does this place Lowell's claims in dispute unless they can prove it is not statute barred? How long do we reasonably have to give them? Also I want to make sure that unless they can prove it is NOT statute barred that they do not pass it on to anyone else (either any outside agency or indeed one of their other many guises that they regularly use)

 

Please advise me what to do.

[PossVox]

Hi,

 

If you're sure its statute barred then by all means send them the statute barred letter. Lowells specialise in buying up these type of debts.

 

Edit this to suit

(Is it important to start the letter with I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters)

1 High Street,

Newtown,

Kent

R21 4RH

June 28, 2006

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

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.

 

Yours faithfully

Mr A N Other

 

Send by recorded delivery or special delivery, keep your receipt and PRINT YOUR NAME... DO NOT SIGN IT.

 

Send it to Lowells postal address, not the P.O. Box address

 

PV

[dippychick]

Thanks PossVox

 

Would claiming statute barred on this issue actively place Lowells claims in dispute unless they can prove otherwise?

 

As I said he is fairly certain this matter is over 6 years old but we fully expect Lowells to claim a payment has been made on the account within time frame. I read that they themselves make payment when they buy it from OC and will then attempt to claim that YOU made it

[PossVox]

Well Lowells will need to prove it's NOT stat barred, it's not up to you to prove it IS!

 

If you've made no payments and not acknowledged the debt in writing for 6 years or more then they should close the "account" on their systems.

 

I've heard that DCAs will record an "attempted" payment on their files when they buy the debt, to attempt to restart the clock... but what is an "attempted" payment? Others on this forum are still puzzling over this!

 

The only other way to challenge this is with a "prove it" letter.

 

personally, I'd go with the stat barred approach.

 

You could wait and see if any other suggestions are posted before you decide.

 

PV

[PossVox]

Have a read of this "Prove It" letter template and then consider your options:

 

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

PV

[dippychick]

I am well puzzled now. My husband just rang Lloyds themselves to make a complaint about them selling this on without bothering to speak to him about it.

 

He gave them the account reference number (their one not Lowells) and Lloyds said they cannot pull up anything on this account because he does not have sort code reference. They claim they cannot find any information about this

 

WTF is going on:confused:

[PGH7447]

as PossVox says get them to prove it.

 

I would have suggested a sar to Lloyds but if they cant find anything on their system when you phoned, you have saved £10

 

Good Luck

[dippychick]

Ok so heres how i see it. My husband does not dispute he once held a Lloyds account. He has no paper work relating to this though as it is so long ago which is why I think PossVox's suggestion of statute barred letter is likely to be best approach.

 

If they come back and say it isn't statute barred will he have any other path open to him? Can we insist Lowells show us evidence that there has indeed been contact/activity within last 6 years? I sure as hell wouldn't simply take their word for it.

 

Am concerned they will simply pass this on then to another of their very reputable companies!

[PossVox]

If they come back saying it's not stat barred then you will have to ask them to prove it!

 

Send them the stat barred letter see what nonsense they come back with!

 

They bulk buy stat barred and unenforcable debts for a few pennies in the pound and then send out the threatening letters in the sure knowledge that some people will be terrified enough to pay!

 

Of course that's NOT going to happen to you now that you've found CAG!!!

 

Good Luck

 

PV

 

p.s. thanx for tipping the scales!

[dippychick]

Ok cheers. Stat barred it is then and will ask you guys what to do next if they come back saying it isn't

[dippychick]

HI again

 

Was going to send statute barred letter tomorrow but in meantime we have had another letter.

 

Usual crap from them as far as I can make out except this one says about originating address. The address quoted in the address my husband lived at until 5 years ago but the Lloyds account Lowells claim they bought was never used at that address as far as he can remember. The account was linked to a mortgage he had at a previous address over 8 years ago now.

 

The thing is, he is almost positive but not 100% positive that he did not have any written communication from Lloyds and that he did not pay anything off said account while at the address Lowells cited. If he did not then yes it's statute barred but he is now beginning to doubt himself.

 

Should we still send the statute barred letter anyway and see what they come up with? I have no doubt they will pass it on to Red Debt if we claim statute barred etc.

[PossVox]

In my opinion, I would still send the statute barred letter and see what they have to say.

 

If they write back and claim it's not statute barred then you can ask them for a copy of the Consumer Credit Agreement in order to prove that a) the alleged debt actually exists and b) it's enforcable in law.

 

Don't worry about it being "passed" to RED Debt, it's not a different company, it's just another name they use in order to fool you into thinking that they are escalating their collection process.

 

As I said before, it's up to them to prove that you owe them money.

 

If I knocked on your door and demanded money you would demand some proof that I had a right to it before you gave me any of your hard earned cash?

 

Keep us posted.

 

PV