Lowell and Barclaycard debt poss SB'd

[Azuma]

hey guys,

as you'll notice, i'm a newbie here, have read ALOT of the info herin, but have a few things i need some help on if possible, as there is soooo much information on the same types of things, i think i might have confused myself a little .

here's the situation:

I have received a two letters from Lowell Portfolio I,

one  outlines a debt i had originating from a Barclaycard i held back in 2001.

on this letter is states that the "credit agreement dated" is 01.10.02 am i right in thinking this is more than 6 years, as such would be statute barred??

i have not made any contact with them or paid anything since around 2002.

i am ready to send them a letter denying the debt exists, but needed to check with you guys first as i know you're all experts on this kind of thing

the other letter just states that the account has been passed to Lowell on 21.11.07,that they have been appointed duly authorised collection agents for the recovery of the outstanding balance. etc etc...

can anyone advise me on how i should move forward with this?

shall i send the template for debts over 6 years or send a CCA?

any help is greatly appreciated as i'm about to become a dad and this hanging over me is causing ALOT of sleepless nights right now.

thanks in advance guys, love you all

[debt4get]

id send em the statute barred letter if its over 6 years its definitely statute barred assuming you have had no contact or paid any money etc

[Blondmusic]

As long as you have made no payments or acknowledged the debt in writing for 6 years then it is indeed Statute Barred. Here is the letter to send to the Leeds Losers (Lowell),

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

 

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.”

 

We 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 acknowledgment 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 CPUTR2008

 

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

 

We look forward to your reply.

 

Yours faithfully

 

Edit this letter to suit your needs (eg, put in the account number and your address), DO NOT SIGN THE LETTER and make sure you send it by Recorded Delivery.

[Azuma]

man,

 

i've not paid them anything for at least 6 years, i'll send them the statute barred letter and see what happens (fingers crossed)

 

thanks

[PGH7447]

stat barred and lowlife know it, report them to the oft if they persist

[Blondmusic]

It might also be a good idea to send a Subject Access Request to Barclaycard. It will cost you a £10 postal order but you will get all the information Barclays hold on the account.

[Azuma]

wow you guys are quick, this gives me the ammo i need for now,

they must know it's statute barred but are just trying to play me for a fool right now.

i'm sending the letter today and will see what they respond with thanks again to you all, amazing!

i've posted the letter outlined in this thread, i can only hope some good news comes of this, if they send me a letter to the contrary i'll more than likely be posting again asking for more advise

thanks to all who have helped me here.

[mr.ton]

No doubt you will receive something back off them....if anything, a begging letter offering anything upto 60% off the debt if you pay up

[Azuma]

Mr.Ton,

if this is the case, where do i go from there?

just ignore the letter entirely?

or respond with a "no thanks you ****" type letter? haha

If anyone else could give me an idea as to how this will "pan out" please feel free to comment,

i'd like to have this rectified,

am i also right in thinking that after the 6 year period the default will be removed from my credit score or have i got my wires crossed somewhere along the way?

[Blondmusic]

To be honest you are best to leave it and see what they come back with. When they do reply just let us know what they say and we will give you some more ammo to send back.

Edited July 13, 2009 by Blondmusic
My terrible spelling again!!!!

[Azuma]

sweet, you guys are truly life savers,

i would not have known ANY of this, or even where to start contesting,

if i'm totally honest i was going to call them today to arrange a re - payment plan with them today,

luckily i managed to find this forum and save my own skin.

at least i can sleep easier right now,

i sent it by recorded delivery,

let me know if it's ok?!

thanks again.

 

[Blondmusic]

It does that when you use Microsoft Word 2007 (I know i use the same program!!)

 

That letter is perfect. Send it Recorded or Special Delivery to make sure they get it. If they come back with anything after that then let us know on this thread and we will advise you of what to do next.

 

A good tip is to bookmark your thread as a favourite so you can find it easily when Lowells reply to you. I used to have to go through the forums looking for my threads but i have them all saved in my favourites now and they are easy to find.

 

Good luck.

[Azuma]

haha, thanks, just realised that!? ooops. much appreciated help though! *high five*

[Azuma]

my Statute Barred letter was recieved yesterday, just awaiting a response, which i will post up here and see if i can anymore advise from you lovely people.

 

i'm not sure they are going to drop this so easily, however being statute barred i suppose they haven't got a leg to stand on, and most people here seem to have satisfactory outcomes, so here's hoping!

[Azuma]

hey guys,

i've got a probably simple question to be answered,

i've recently moved into a new house, literally 4 days ago

, i have not even had time to call companies like coucil tax, gas, electric etc to tell them the change of house, i've only called my bank HSBC.

now, somehow Lowell's have managed to find where i live in that short space of time,

how the hell do they do it?

it makes me a little concerned about the security of my details

. if they can find me, anyone can haha

- not that i have anything to run from, but still, confusing how they know my new address and my own parents don't yet lol,

before you ask, there was no redirect addy on my previous house.

any ideas??!?!?

[joemay]

it could be hsbc updated CRF or they passed to it lowell's

[mr.ton]

Never underestimate the power of the system when it comes to things like this.

I suspect that once you got in touch with HSBC - it set off sirens in the Lowell threat centre.

[Azuma]

yeah, however guys, the debt in question from lowells is nothing to do with HSBC, it was with Barclays, surely HSBC would not pass my info onto another bank or a DCA working "on behalf of lol" Barclays? i'll kick some ass at HSBC is this is the case.

[mr.ton]

Like i say..do not underestimate the power of the system in general when it comes to things like this.

[Azuma]

damn, crazy stuff... so if HSBC had passed my information on, surely they would be breaching data protection? i didn't think banks share information with eachother? hmmm, might have to phone HSBC and make sure they have not leaked my info to anyone...

[babybear39]

Maybe lowell are employing a psychic

[Azuma]

haha, i just can't get my head around it is all... perhaps you're right BabyBear.

[Sparklez30]

hsbc probably updated your credit record with your new address I would think?

[babybear39]

I'd ask my bank if they have given the info as it does seem rather odd

[babybear39]

Things must be getting pretty tight for them to move into action so swiftly.