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Hello to all in the CAG. I have just join today as a result of getting a letter from Lowell Portfolio. They are asking me to confirm living at an address over 4yrs ago where foolishly a debt was accrued. This was for some furniture items which were left with the woman who lives there after a short and turbulent relationship. I made the first payment then stopped. Three years ago I got married to a wonderful woman and we are going through hell with the CSA. It is this reason I had not told my wife about this debt and as all my money goes on the mortgage and CSA payments I am at my wits end. I stand humbly before the community seeking HELP and ADVICE.

Edited by Strand08
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Welcome to the site.

On order to assist you we will need more info.I am sure we can assist whatever the problems you are having.Firstly lets ask this;

 

What was the original debt for ..how much was it and who was the creditor ?

How much have you paid-when did you start paying and when did you stop ?

Have you any paperwork for the debt/alleged debts and also has any other debt collection agency been involved or approached you ?

Will move this thread to the debt collection forums...try and answer anything that users here to help ask..Dont deal with Lowel by phone and keep us posted here on progress/further developments.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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As you are a resident of Scotland I suggest you send this to our friends in Leeds

 

Dear Idiots

 

I would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 "If, after the appropriate date, an obligation to which this section applies has subsided for a continuous period of 5 years:

 

(a) without any relevant claim having been made in relation to the obligation, and

(b) without the subsistence of the obligation having been relevantly acknowledged,

then as from the expiration of that period the obligation shall be extinguished:"

 

The last acknowledgement of this alleged debt was made over five years ago. Unless you can provide evidence of payment or written acknowledgement from myself in the relevant period under Part 1 Section 6 of The Prescription and Limitation (Scotland) Act 1973 , I would respectfully suggest that you are no longer able to take any court action against myself to recover the alleged amount claimed.

 

Should you continue to pursue this account without providing this evidence I shall seek an interdict and damages accordingly. A formal complaint will also be made to Trading Standards along with a report to the OFT questioning your fitness to hold a consumer credit license.

 

yours etc

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Hi guys, thanks for your help. I have made 1 payment on this debt in February 2004 and it was for about £100. I was going through an awful time at this period and my memory of it is a bit hazy. I have had no contact from anyone about this debt until the letter from Lowells. I can't remember who the original debt was with but can invistigate ( it was a furniture shop in Manchester). The 5 year rule in Scotland, how does that work if the debt was in England but I now live in Scotland:confused: . I am not sure what my next step is. Do i just wait to see what they do?

Edited by Strand08
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Its 6 years on this side, and it your facts are correct, that is more than 6 years....

 

Let them huff and puff...

 

There are plenty of sages here to help you.

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Strand if the last payment you made was in Feb 2002 then the debt is Statute Barred under both English and Scottish Legislation oh yes and Northern Ireland Legislation too. If you are sure this was the last payment then when you get your next threatomatic from Lowells send off the Stat Barred letter to them. They must prove a debt is NOT Statute Barred.

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Sorry guys, my head is up my you know what. I meant to say February 2004. I am finding it hard to think straight. I wish it was 2002.

Edited by Strand08
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Hello to everyone up here in Scotland. I am a new member, this being instigated by a letter from Lowell Portfolio (Leeds based) about a debt from England dating back to FEB 2004. I am now living in Scotland and am wondering if the 5 year statue barred rule is viable in this case as I now live up here. Or is it the 6year rule because the debt was down in England. Can they take me to court in England if I live here. I would be grateful if somebody could clarify the facts for me.:???:

Edited by Strand08
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Hello Scotland Welcome From England And A Welome To C.A.G.I`m sure some one more knowledgeable than i, will come soon.:grin:

 

 

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Hi guys, I m a new member living in Scotland since Sept 2006. A couple of days ago I recieved a letter from Lowell Portfolio (Leeds based) about an address in Manchester. This was in 2003 and I foolishly got involved with a con-woman and got credit for some furniture. I was not ever officially living there or registered. It was a buy now pay later scheme and I made a payment in February 2004. I was in a bad place at this time and made some major errors of judgement. I am now married and my wife knows nothing about this debt. All my money goes on my mortgage and CSA payments. Although I have a duty to pay my debts I am scared I will lose everything. With the debt being in England over 5 yrs ago but me being in Scotland for 18mths will the Statue barred take effect from the English 6yrs or the Scottish 5yrs in my case. I would be very grateful for some advice and support. :confused:

Edited by Strand08
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As you legally are domiciled in Scotland Scots Law applies - so it would be 5 years for statute barring of the account. It doesn't matter where the agreement was taken out, the important thing is where you now live. Any action attempted against you under English Law would be legally incompetent under paragraph 3(4) of schedule 8 to the Civil Jurisdiction & Judgments Act 1982. For a fuller explination have a read here Can I be sued in England? | free help from Govan Law Centre , Glasgow

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Bump

Hi WELCOME to CAG, You have come to the right place,there are lots of people on this site that will point you in the right direction.

Read the links below,this will help you navigate the forum and help you how to start your own Threads.

 

Cheers B4E:)

 

NEVER TALK TO A ---D.C.A ON THE TELE[PHONE

GET EVERYTHING IN WRITING

 

IF YOUR NEW **PLEASE READ**

DUMMIES GUIDE TO THE FORUMS

CAN`T FIND WHAT YOU WANT?-FULL- A-Z INDEX

TEMPLATES

PLEASE DONATE TO CAG ,EVERY LITTLE HELPS

--------------------------------

Any Advice given by me is based on solely on my experiance or opnion. I have no Legal background.

If i have helped in any way please feel free to click my scales

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Thank You blue4ever:grin:

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abair spòrs!

 

There was a similar thread started yesterday, sadly I can't find it now.

 

Well anyway the basis of it was, Rory replied to it, and stated something along the lines of...

 

If you are now legally resident in Scotland, then Scotslaw applies, and therefore the Prescription and Limitation (Scotland) Act 1973 comes into play, and in Scotland it is 5 years, instead of the 6 years in England.

 

It doesn't matter if the debt was from England, what matters now is that your a legally resident in Scotland, so therefore the Prescription and Limitation (Scotland) Act 1973 covers you.

 

Sorry I couldn't be of more help, but I've looked and can't find the post, Rory is one of the mods here, and I beleive him to be Scottish himself, and he sure knows his stuff.

Thanks

- Hobbie

 

--------------------------------------------------------

Under no circumstances should you speak with a Debt Collections Agency via telephone, request that all future correspondence is done in writing, a letter template for this can be located here.

 

Any views expressed are solely that of my own, any advice or information offered is provided in genuine good faith, and should be checked prior to acting upon.

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i thought i had seen that post as well:shock:

 

NEVER TALK TO A ---D.C.A ON PHONE

WELCOME TO C.A.G

Forum-rules-please-read

 

-----------------------------------------------------

Any Advice given by me is based on solely on my experiance or opnion. I have no Legal background.

If i have helped in any way please feel free to click my scales

Thank You blue:grin:

Hi WELCOME to CAG, You have come to the right place,there are lots of people on this site that will point you in the right direction.

Read the links below,this will help you navigate the forum and help you how to start your own Threads.

 

Cheers B4E:)

 

NEVER TALK TO A ---D.C.A ON THE TELE[PHONE

GET EVERYTHING IN WRITING

 

IF YOUR NEW **PLEASE READ**

DUMMIES GUIDE TO THE FORUMS

CAN`T FIND WHAT YOU WANT?-FULL- A-Z INDEX

TEMPLATES

PLEASE DONATE TO CAG ,EVERY LITTLE HELPS

--------------------------------

Any Advice given by me is based on solely on my experiance or opnion. I have no Legal background.

If i have helped in any way please feel free to click my scales

{{{{{{{{{{{{{{{{{{{{{

Thank You blue4ever:grin:

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Hi and welcome to CAG. As previously mentioned if you domiciled in Scotland then Scots Law applies and any action against you in an English court would be legally incompetent as they do not have jurisdiction. For a fuller explination have a read here Can I be sued in England? | free help from Govan Law Centre , Glasgow

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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  • 2 weeks later...

I see that JB debt recovery (Bath Street, Glasgow) are taking over some of Lowells debt (see Devonguy's thread). Has anyone had any dealings with this DCA?. On their website they say they deal with difficult debt and they sound a nasty bunch.

Edited by Strand08
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They're no more unpleasant than the vast majority of DCA's.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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I received my second letter from Lowells a couple of days ago. It was concerning a debt with Cetelem UK. I will send curlyben's superb prove it letter. What is Cetelem's record for producing CCA's as there is not much about them on here. I know lots about Lowells, but very little of CAG's defeating a DCA wih Cetelem as the OC. Is there anybody out there with some positive history with this OC?

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Hi to all the CAG community. I received my second letter from Clownells yesterday (the first one being a phishing, update our records blah blah). It concerns a debt I last paid in 2004 to Celetem UK. I have been viewing the threads on here about Clownells (great name ODC) for the past month. The information on Lowells is huge on this site. The process of sending "prove it letters and CCA request" does seem to rely on the OC keeping inadequate records for a successful conclusion. The majority of you that have had success seems to be with the same OC's. I was wondering if any of you out there in CAG-land know the success rate of Cetelem in responding with a CCA. In the meantime I will send curlyben's brilliant "Prove it letter" in the hope that they cannot. I will keep this thread informed of my progress. In the meantime any help would be very much appreciated.:)

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It really depends on what the ALLEGED debt is for as to the success rate of a CCA application. Send our friends in Leeds the Prove it letter to see what they come up with. If its a debt covered by the CCA then a CCA letter to them would be the next step

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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

 

 

 

(Your Name) Print do not sign

 

 

Is this the letter you are sending :)

 

See what they come back with :)

 

 

saint

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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5 threads merged. Please keep to one thread per topic.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi strand,

 

How are you. I managed to find your thread you mentioned in your PM to me.

 

Is this the thread you mentioned regarding Lowell / Cetelem?

 

Perhaps you should start a new thread, things seem to be getting mixed up in here a little.

 

Regards

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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