Lowell Financial Letter Recieved

[clarkey99]

Hi All

 

I would welcome some sound advice on what to do regarding an old debt. Back in 2001 I got into some financial difficulties and ended up with a debt on a Capital One credit card. Things went out of control, as they do and I just ignored the letters. Since then I have got myself back on an even keel and am up to date with all my normal bills etc. However I recieved a letter from Lowell Financial today saying I owe £3200 and they are collecting the debt now from Capital One. Since I got into debt I have moved 4 times so Im unsure how they found me. I have not made a payment or contacted them now for 7 years. Is the debt still enforcable? Can they collect it? I have a family now, a 3 year old daughter and a new one due in 3 weeks. I am worried that if I make contact and suggest some sort of offer to pay it off monthly then they will know for sure it is I, at this address, refuse my offer and send the balliffs round!!! Any advice would be most welcome.

 

Thanks !

[maroondevo52]

Hello and Welcome, Clarkey99.

 

This 'alleged' debt will be Statute Barred.

 

Here's some info on Statute Barred debts.........

 

IHTM28384 - Law relating to debts: statute-barred debts

If a lender allows time to pass without receiving any payment an action for recovery may become barred.

 

Under the Limitations Act 1980 the time limits are

 

in simple contracts, 6 years

in contracts under seal, 12 years.

If the debtor acknowledges the debt in writing or makes a part payment within the original limitation period, then the time limits start to run again from the date of acknowledgement or the date of payment.

 

 

 

Send Lowell's letter 'M' in the Templates Library.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Send it recorded and don't sign it.

 

 

Regards.

 

Scott.

[clarkey99]

Many thanks Scott. I have heard of this ruling but was unsure if it was still valid. A number of people have told me recently that this rule no longer applies. I will, however go with what you have suggested.

 

[clarkey99]

Scott

 

One last thing....what if they have actively been chasing me for this debt but because I have moved 4 times, were unable to find me....does this still apply under the limitations act? They may have been sending me letters daily for the past 6 years for all I know, but I never received them....if you get my point? Thanks again !

[gni03349]

Look at this this way.... Just because you owe some money you are not allowed to move???

 

It's their problem and their job to find you, and to prove any nonsense they might want to allege against you (such as moving to avoid repaying for example).

[clarkey99]

Thanks...I just want to make sure I dont drop myself in it further by replying back to them.

So how would I respond if they come back to me and tell me they have been trying to contact me for the past 7 years?

[Captain Spaulding]

Tell em to get lost, ask them to provide either written acknowledgement or proof of payment made within the last 6 years, if not the debt is statute barred and is therefore unenforceable. If they continue to chase then report them to Trading Standards and OFT...

 

Dont pay anything to em

[clarkey99]

Thanks. One last thing..Im about to check my credit history on line with Experian....is this safe to do so???

[Captain Spaulding]

I'm presuming you are on the electoral register have current commitments and dont mind people knowing your current address etc, if not Experian will retain your latest address which may be shared with anyone who wants to interrogate it

[clarkey99]

Thanks !

[clarkey99]

Just found this in another thread. This is what I was worried about (see my posts further up the thread). Should this worry me?

 

Clarkey

 

There's the problem of concealment, i.e. something isn't statute barred if you acted in a way to prevent the creditor finding out where you lived... or a possible CCJ by default.

 

If you can prove that you left a forwarding address, and no post was ever forwarded, then (if the last contact was over 6 years ago), the debt will be statute barred.

[gni03349]

If you have been on the electoral roll at each of your addresses, you haven't concealed anything. As I said, who says you are not allowed to move if you want, or have to?

 

It down to them to prove you tried to hide from them.

[clarkey99]

I wasnt...2 of the address I wasnt on the electoral role. If it goes to court won't it be ME that has to prove things...not them ????

[gni03349]

You will merely defend their accusations.. and they have to have the proof you tried to hide anyway. You won't be proving anything.. you will be defending (ok, yes, by proving something or other). The point is, THEY have to prove their allegations against you... this is what legal argument is all about.

 

IF it goes to court, they will have to supply you with all the stuff they want to use against you, as their "proof", and you will have to provide to them, all the stuff you will use to defend yourself. Thats a way off yet anyway, so until that happens, try not to worry about it.

 

Don't forget.. he who alleges.. must prove (saw that on here, so thanks to whoever said it in the first place).

[clarkey99]

Thinking about this again...would I be better off sending them the letter asking for proof of debt..ie the original signed docs etc...???

 

I have an awful feeling that I may have written to Capital One, possibly 5 years ago, asking to come to some sort of arrangement with the debt as it was worrying me. I cannot be sure 100% if I did and it may have been a letter to another company I had a small debt with at the same time. So I may be still under the 6 years.

[ODC]

Send off the CCA letter. If Lowells or Capone can come up with something other than a totally non enforcable application form then I for one will be totally surprised

[clarkey99]

Excuse my ignorance...which one is the CCA letter?

[ODC]

Letter N in the templates

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-162367.html

[clarkey99]

Cheers....

[clarkey99]

One last thing. If I send this will I be putting my hands up to the debt. If they happen to come back with the original credit agreement will I still be able to use 'statute barred' or would I have blown it by comunicating with them?

[ODC]

Trust me they wont come up with a Valid Properly Executed CCA from Capone. If a debt is Statute Barred NOTHING can unstatute bar it. A CCA request is NOT admitting the ALLEGED debt

[clarkey99]

Great...I will try that first.

 

Thanks again.

[clarkey99]

Just about to send Lowell the CCA letter, I decided to wait until I recieved 2 nd letter incase they were 'blanket mailing'. I dont really want to send to the PO Box address....can I send it to the registered office address shown at the foot of their letter?

[ODC]

Yes send it to their registered office

 

Lowell Group

Enterprise House

1 Apex View

Leeds

LS11 9BH

 

Mark your envelope Payment Enclosed

[ODC]

NO. You are entitled at any time to see if they have the correct paperwork for the ALLEGED debt. If it makes you feel better put in large letters at the start of the letter

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOU OR ANY COMPANY YOU PURPORT TO REPRESENT