Lebowski vs Lowell

[JnrLebowski]

Hi all,

 

I've just received a letter from Lowell Portfolio I regarding a debt to Barclaycard. I have been out of the country since 2003 and while I was away I was sending money back to my, now ex, girlfriend who was supposed to be paying off my monthly payments (credit card and finance for something bought on HP).

 

I returned to UK and now live in Scotland. A few months ago I received a letter from a local debt agency saying I owe £XX, FINAL DEMAND etc. I gave them a call and assumed my ex had obviously forgotten to pay my monthly HP as the amount was the same as when I left UK so agreed to pay it back monthly.

 

 

This new letter from Lowell is quite concerning and I'm not sure what to do. Looking at the figures from both debt collection agencies it looks like the ex didn't pay anything off them at all.

 

Lowell are saying I should call them to arrange a settlement or repayment plan. I understand that I shouldn't phone them. I have been reading other posts on here regarding Statute Barred debts and am wondering if mine falls into this category. As the total amount of this debt hasn't decreased since I left UK then I doubt it has been acknowledged for over 5 years. Please could somebody advise me on the best steps to take.

 

Many thanks,

Lebowski

Edited June 22, 2008 by JnrLebowski

[babybear39]

With regard to the account you think may be statute barred, send this:

 

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

 

You need letter M. Send recorded, DO NOT SIGN, print your name, keep copies of everything.

 

As for the HP agreement, I'm not sure so hopefully someone will be along to advise you. All I would say about it is that if your ex GF has the goods, point this out to lowlifes

[IdaInFife]

How long have you been in scotland?

 

You left in 2003, can you remember what month you made the last payment?

 

Ida x

[JnrLebowski]

Thanks guys. I'll get that letter off to them. I've been in Scotland for just over a year and I'm not sure when the last payment was made. I think the last one I made would have been in around May 2003. Thanks again. I'll keep you updated

[JnrLebowski]

Regarding sending letter M, where it says:

 

"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.”

 

should I change where it says 'six years' to 'five years' because I am in Scotland or is the law different?

 

Thanks again

[babybear39]

Yep

[Strand08]

Hi JnrLebowski This is the letter ODC advised me to send. Hope it can be of help to you.

 

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.

 

[babybear39]

Thanks for that Strand, I didn't have the scottish one and assumed wrongly that it was similar to the english and welsh one :o

[JnrLebowski]

Thank you strand and babybear, I really appreciate it. Should I just copy and paste that text? Do I need to write anything else like, "I do not acknowledge the debt"? They haven't threatened me with court action yet. Should I wait for them to send me more threatening letters? Many thanks in advance, Lebowski

[Fighting-Fit]

Hi Jnr . You cover the acknowledge of debt in the letter. I would copy and paste it. Never sign your name, just print it. It would be best to get the letter out sooner rather than later. Send it special delivery. I know this is more expensive but it covers you more. Good luck and keep us posted.

[JnrLebowski]

Thanks, Fighting-Fit. I'll get it sent off tomorrow and keep you posted. Cheers

[JnrLebowski]

By the way, do I need to send a 'prove it' letter first? In the letter Lowell wrote:

 

"I write to inform you that your Barclaycard account, reference number...bleh bleh bleh... has been sold to Lowell Portfolio I Ltd on XX/XX/2005. Lowell Financial Ltd have been appointed as duly authorised collection agents for recovery of the outstanding balance..."

 

I've printed out the letter (unsigned) that Strand08 provided but am just wondering if there is anything else I should send first. Thanks again

[IdaInFife]

Not really. Either or but the above letter gives it more closure.

 

Idax

[tupty]

By the way, do I need to send a 'prove it' letter first? In the letter Lowell wrote:

 

"I write to inform you that your Barclaycard account, reference number...bleh bleh bleh... has been sold to Lowell Portfolio I Ltd on XX/XX/2005. Lowell Financial Ltd have been appointed as duly authorised collection agents for recovery of the outstanding balance..."

 

I've printed out the letter (unsigned) that Strand08 provided but am just wondering if there is anything else I should send first. Thanks again

 

Make sure you ask them for the ded of assignment.

 

Without it they cannot collect jack ****t.

 

I recently got them to send me a letter proving they didn't own the debt they had tried to claim from me. I am now in the process of suing them fro damages as the stress caused me to have time off work and has affected my future promotion prospects.

 

I shall be suing them with the information they sent to me as evidence against them.

 

So thanks for that lowell.

[JnrLebowski]

Thanks tupty, is there a template letter for 'ded of assignment'? should I just send the letter starting, "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:..."

 

or do I need a ded of assignment letter first. Sorry if I'm sounding a bit clueless but I'd like to follow the best procedure.

 

Many thanks all

[JnrLebowski]

Hi again, I'm fairly confident that it has been over five years since a payment was made but I'm wondering if there is some way I can find out for certain. Can I check my credit history to find out when I first defaulted? If so, what websites/companies would you recommend? Many thanks, Lebowski

 

p.s. How is your case going, Strand?

[Fighting-Fit]

Hi Jnr, you could SAR (subject access request) Barclaycard. This should give you all the information you need. Here is a link to a template letter. 1. Data Protection Act, Subject Access Request letter - List of charges

 

This should be interesting, good luck jnr

[ODC]

Jnr Hold fire on the SAR as it costs you 10 quid. Send the Scottish Stat Barred letter off to the Leeds Losers. Thats all you need to do at present. The burden of proof is on them to prove a payment was made not up to you to prove it wasnt

[JnrLebowski]

Thanks a lot for all your help guys. I'll send the Scottish statute barred letter today

[ODC]

Send it RECORDED DELIVERY and DO NOT sign it

[JnrLebowski]

Cheers ODC, will do

[Fighting-Fit]

I meant send a SAR as well as the Scottish statue barred letter not instead of. The advice was given in reply to this.

 

Hi again, I'm fairly confident that it has been over five years since a payment was made but I'm wondering if there is some way I can find out for certain. Can I check my credit history to find out when I first defaulted? If so, what websites/companies would you recommend? Many thanks, Lebowski

I know it cost £10 and if you can afford it, it will give you a true picture of what information the OC has about you. ODC is right though it is not necessary only in relation to what you posted and for your own peace of mind.

Edited June 27, 2008 by Fighting-Fit
typo

[ODC]

Sorry fighting fit but I wasnt getting at you. There is no need at this stage to find what information the OC has on Jnr. It would be time enough getting it if the Leeds Losers were to come up with a date insde the 5 yr period or if the OP wanted to claim back charges.

 

In the meantime let Lowells do all the work

[Fighting-Fit]

No problem ODC, always happy to read your advice. I'm just trying to learn as I go . I see you have changed your logo. I did like your old one. Why the change? apologies if you have already explained this elsewhere.

[ODC]

The logo was changed to show my new friends:rolleyes:. Having succesfully defeated Lowells its now the turn of 1st Credit and Cabot.