Lowell and Barclaycard debt poss SB'd

[PGH7447]

just leave them both in

[Deb T]

loan = 77, cc = 78

[Azuma]

awesome, if they come back with a CCA i'll post it up, as from my experience on here, MOST of them are not enforceable... thanks for the advice guys, much appreciated!

[Azuma]

have sent the CCA request letter this morning, lets see what they come back with

[Deb T]

have sent the CCA request letter this morning, lets see what they come back with

 

Recorded of course?

[Azuma]

of course recorded, been delivered now, just need to wait the 12+2 now and see if / what they come back to me with. - thanks guys.

[Azuma]

by the way... i received this letter 6 days after the date on the letter!! lol and they tell me i have to reply within 10 days!! WTF? i'm fed up of these losers, and will take this all the way if i have to... will let you know what they come back with following my CCA request, as: 1. i'm pretty sure it's SB'd and 2. they have not provided any proof the debt is owed by me... losers!! looking forward to seeing what they respond with

[westendwendy]

If it's any comfort I had the threat of an SD in October giving me ten days to offer payment so I CCa'd them.It's now a month on and a few days ago I received a full and final settlement letter - no CCA though.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/226203-lowell-crawls-under-their.html

 

I know the debt is getting close to being statute barred so it seems we are at about the same stage - I'll watch the thread with interest.

[Belaflat]

Azuma, personally, I wouldn't worry.

You say the debt is statute barred and they say you attempted payment 5 years ago.

Attempted by definition means that an action has not taken place and the action in this case is a payment. To nullify the Statute Barred period, you either have to acknowledge the debt in writing or make a payment, an attempt is simply not good enough and they know it. They also know that if you do get served a SD and you go to court with it, they will have to prove that it is not statute barred and clearly they cannot.

Put simply, by claiming such they are committing fraud and they certainly wont want to expose that to a Judge.

A CCA request may tell you what the debt is and once received, a SAR to the original creditor should confirm its statute barred status.

 

Worry not my friend, usual bluff, bluster and copious quantities of bovine poo from this bunch.

Edited November 10, 2009 by Belaflat

[Azuma]

thanks for the responses guys, i'm still waiting for a response, but i will post up whatever crud they send me - i would enjoy seeing them squirm in court though lol (that is if they even turned up)... thanks again people!!

[42man]

Call them back and record the call...get them to verify that you made a payment 5 years ago....then send them a SAR, this should show up a screen shot of the payment made, if it doesn't show a payment being made then give the tape recording and their correspondence to the OFT (they will be very interested in this).......Red are well known for attempting to chase statute barred debts....

[42man]

When you get a stat demand give me a shout....

[Belaflat]

42Man, they didnt say that he had made a payment, they said he had attempted a payment. I fail to see how an attempted payment can be recorded in any form. I have now seen several posts where Lowells have claimed this as a get out from the statute barred defence.

Perhaps we need to be looking at a way of taking them to task over this.

I know that some posters have successfully challenged this by quoting the fraud act and asking for proof. Lowells soon slunk back into the drains then.

Also reading back on the post, the date of assignment is some years after this alleged payment attempt. How many debts come with full details such as that.

I have yet to see one post where this is the case.

[42man]

What a laugh...what does 'attempted payment' mean ? He got his debit card out of his wallet, but dropped it at the last moment, then the phone went dead ? or maybe the cheque made it through the letterbox then was lost somewhere between Lowells post room and the paying-in department.....lol...as you say Bela, the OP should challenge....

[42man]

If only somebody could get this on tape.....

[ODC]

Clownells cannot go anywhere with this so called ''Attempted '' Payment. The debt has to be acknowledged in WRITING or by a payment. An attempted payment does NOT count. Its a figment of their imagination just like their imaginary ''Licensed Field Agents''

 

They arent called the Leeds Losers for nothing. If they are foolish enough to take this any further you can look forward to a huge payout FROM them