Lowell Portfolio I/Mackenzie Hall

[steady27]

Hi all,

 

I wonder if someone could help me? I've received a letter from the Lowell Portfolio stating that they have bought my Lloyds account and wish to collect an outstanding balance of £289.50 from me.

 

The only thing I think this can relate to is an old credit card I had with Lloyds while I was a student and the last correspondence I received relating to this was at least 6 1/2 years ago when I moved house and didn't update my address details.

 

To be honest I thought this had just sort of gone away!! I have a current credit card now with Lloyds with which I had no problem obtaining - in fact they offered it to me! I've recently obtained a mortgage with no problems and this debt didn't appear last time I viewed my credit report.

 

From reading the forums I think I should probably send them a statute barred debt letter - what do people think?

 

Also if I do this will they still attempt to pursue the debt or will I never hear from them again?! I'd like to know what is likely to happen following me sending the letter and if anyone can help this would be much appreciated!

[PossVox]

Hi,

 

Lowells specialise in buying up Statute Barred debts for a few pence in the pound and then pressurise people to pay up as they don't know their rights.

 

Now you've found CAG, you DO know your rights and so YES, send them the Statute Barred letter:

 

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 it recorded or special delivery, keep your receipt, DO NOT SIGN the letter, PRINT YOUR NAME.

 

Good Luck!

 

PV

[babybear39]

My only concern is that you have existing account/s with LTSB that MAY be affected by this

[steady27]

Thanks for your replies guys

 

I do have an existing account with Lloyds but surely if they were actively pursuing my debt they would've contacted me themselves over the past 6 1/2 years?

 

It would've thought it would've been easy enough for them to request the funds from my account at some point?

 

Because I have this existing account would Lowell be able to require me to pay?

 

Think I'll send the satute barred debt letter and see what happens from there - and keep my fingers crossed!

[NailPost]

IF you ever had a debt with Lloyds - and its an IF that has yetto be proved - then Lloyds have sold it on and washed their hands of it. After six years any debts/defaults/negative information drops off your credit file as being out of date so has no bearing on your current situation. As far as Lloyds are concerned you are a good risk.

 

So you should send these parasites the "prove it" letter and if they fail to provide any information within a reasonable time, say 7 days, their failure to do say will be taken as a sign they have no paperwork to back up their claims. As far as you are concerned that will be the end of the matter and any further demands will be grounds for complaint.

 

Yu may like to check they have not put any negative information on your credit file. If they have and cannot back up their claims they should be made to remove it. If they won't they would face the possibility of an action for defamation.

 

What's the Mackenzie Hall connection with this thread?

[steady27]

The Mackenzie Hall link is that Lowells are threatening to pass this onto them for collection should I not pay up.

 

Have now sent the statute barred debt letter and hope that this will be the end of it. Fingers crossed anyway!

 

Thanks for all your help

[steady27]

Just thought I'd update this and let everyone know that after sending my statute barred debt letter a few weeks ago I received a response yesterday informing me that the account has now been closed and I will receive no further correspondence - even an apology!

 

So yes! It really does work! I expected them to put up more of a fight to be honest but thankyou to everyone for their assistance - keep up the good work

[ODC]

The Leeds Losers have been working overtime sending out apologies recently.

[babybear39]

 

Good luck and best wishes.