cca request with lowell financial

[what_todo]

bump please

[what_todo]

bump

[what_todo]

hello all,

 

please may i ask can you take a look at my thread at http://www.consumeractiongroup.co.uk/forum/general-debt-issues/184723-cca-request-lowell-financial.html its in the gereral debt issues. i have been given a finel notice and no one has givn a reply.

 

with thanks

[debt4get]

if you now believe it is over 6 years since anything paid would fire off the statute barred letter, cant read you letter as photobucket offline for some reason..it will be usual lowlife rubbish...you will probably get the pre-litigation, pre-school letters yet ignore em

Dear Sir/Madam

I do not acknowledge any debt with your company

Acc/Ref No

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

I 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.”

I 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”.

I await your written confirmation that this matter is now closed and that no further contact/action will be made concerning the above account after that last letter.

 

I look forward to your reply.

 

Yours faithfully

 

[debt4get]

have answered on your thread

[what_todo]

cant read you letter as photobucket offline for some reason..

 

photobucket is now back on line

[what_todo]

hello all

 

bump

 

and, i am going to post a letter on monday as in post 105.

 

is there anything else i should add?

[citizenB]

hello all, how is everyone.

 

a lot has happen the that last few months that fully forgot to update date this.

 

anyway since i have moved to my new address ect ect today i got a letter from lowell its attach. and here Photo003.jpg picture by what_todo - Photobucket please can i be told what to do now?

 

i think i have sent the letters tothem but i will send them again to make sure also, the defaul falls off my c.report in ealry may

 

and as off yet only letters have been sent.

 

i belive is now is over 6 years sine i paid anything in this account

 

Hi what to do, no just send the letter as is from post 105. Send it either Recorded or Special Delivery and make sure you keep the receipt attached to your copy of the letter.

[what_todo]

letter was posted last week, will let you know soon what happends next

Edited February 22, 2010 by what_todo

[what_todo]

update,

 

a latter has came today saying

 

"unon futher investigation, we are abul now to confirm that we have contacted you in error and that you not in fact our debtor"

 

"accpet our apologies and our assurances that your personal detalis have been taken off our system/database"

[citizenB]

update,

 

a latter has came today saying

 

"unon futher investigation, we are abul now to confirm that we have contacted you in error and that you not in fact our debtor"

 

"accpet our apologies and our assurances that your personal detalis have been taken off our system/database"

 

 

Excellent news. Keep that letter safe.

 

You may want to check your Credit reference files in say 4 weeks time to ensure that there is no reporting being made in respect of this account.

[what_todo]

hi

 

yes the letter will be in a very same place! i will phone expert in a few days.

 

will let u know what happens

 

thanks all

[what_todo]

hello the report from lowell is still showing on my c.file however is will come off in two months mid may.

 

should i wait for two months for it to come off my c.file or should i phone expert and lett them to take it off now?

[citizenB]

hello the report from lowell is still showing on my c.file however is will come off in two months mid may.

 

should i wait for two months for it to come off my c.file or should i phone expert and lett them to take it off now?

 

So, it was due to come off in two months anyway ? I guess if it is important for it to be removed now, for eg if you are going to seek a mortgage or other form of credit then you could write to the CRAs asking them to remove it now as it should never have been there as per the correspondence from Lowell.

 

They have in fact been processing your information incorrectly for however long ?

[what_todo]

update,

 

now got a letter from Hamptons Legal, normal sfuff is said and full of "ifs and Mays"

[unclebulgaria67]

I presume you know Hamptons legal is just another 'trading style' name used by Lowell. It is the same staff sending the letters. They are obviously just ingnoring any correspondence you have sent.

 

Give a few months and you will start to receive letters from another company. Lowell will just pass or sell on the debt for someone else to chase.

[what_todo]

hello, jet i did know that.

 

it comes off my c.report in 6 weeks

[what_todo]

now got letter from mackenzie hall..........

[debt4get]

you could send same letter however, if you now know it is ok...i would ignore them...there is not a lot they can do.....keep checking your credit file to make sure they aint trashing it...and if they do complain to oft...and uncle tom cobbly and all

[what_todo]

as for yet, the seach as not show up on my c.file. i am sure it will show soon