Lowell and Barclaycard debt poss SB'd

[Azuma]

that is a result man, did they respond with a statement that it was not SB? did you respond to them asking them to prove payment was made or did you ignore it?

 

Az

[cerberusalert]

Once you have stated that a debt is Statute Barred according to OFT guidelines they must cease all collection activities until such time that they prove that it isn't. For the moment do as dannyboy660 suggested and ignore them. However if the continue to pursue make a complaint to the Trading Standards and the OFT.

[Azuma]

thanks for the advice,

 

however, does it matter that they have sent me a letter stating the account is not SB, as they claim i made a payment in Feb 2005, or do i ignore it until THEY prove i made this payment or take legal action? (is this likely?) ???

 

Thanks CerberusAlert :D:D

 

Az

[debt4get]

asked for proof and that is what they sent they are full of bs

[debt4get]

and dont worry bout legal action there is much chance of that happening as me getting the next moon flight

[Azuma]

sweet,

 

i shall ignore them for now then, thanks for the advice though, it's put my mind at ease for now if they respond with anymore threatening letters (as i'm sure they will) i will let you know.

 

much love,

 

Az

[bigandyuk1]

Whats this about? "Your last attempted payment" Does that mean you didn't actually make a payment then!!! These muppets will try anything.

[Azuma]

haha,

 

i just noticed that! what a complete bunch of idiots, i'm going to ignore them now and IF this does get "escalated" i'll keep ignoring until i such a time court action is ACTUALLY taken NOT threatened. thanks for the help guys, you're all amazing as always.

 

Az

[Azuma]

Here's to keeping the silence, i might plan a trip to Leeds and visit these clowns, see if i can meet with the top dog there, not give my real name, but explain how underhanded their tactics are and record the convo secretly? haha

[Azuma]

hey guys,

 

just to give you a bit of background, i recieved a letter from lowells stating they had taken over the debt for Barclays etc etc... this was dated on the original letter as being from Oct 2002, to which i sent the SB letter.

 

They responded with a letter stating that the account was not SB as a payment was "attempted" (wtf? lol) in Feb 2005...

 

I have subsequently decided to ignore any other correspondance from them, until they can prove this was acknowledged when they claim it was (2005) - after all, once a SB letter is sent, they should not contact me until they have PROOF that it isn't.. as so many of you have said, it's their job to prove it isn't SB not my job to prove it is

 

So, here's the funny thing that shows them for the FOOLS they are.

 

The letter i mentioned above (stating the account was not SB) was dated for the 17th July 2009, which i recieved on the 20th. I then however recieved EXACTLY the same letter this morning, dated exactly the same day, by EXACTLY the same person (Samantha Barnard) but the funny thing is the first was sent on the 17th July and this morning's was sent on the 20th July. What complete idiots they are, she must've printed out two letters on the same day, and subsequently sent them 5 days apart.

 

I just found this really amusing, and thought it showed them for the jokers they are.

 

Anyone else had a similar experience with these Leeds Losers?

 

Az

Edited July 23, 2009 by Azuma

[dcakiller]

Report them to oft and trading standards and to your mp

[Azuma]

sounds like a plan DCAKiller, anyone got a template?

[zazen.warrior]

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html

[sorrylittlelot]

Lowell are legends, I got a letter from them on 14th March saying I hadn't paid blah blah so I responded only to be told that the debt had been passed back to the original creditor on Jan 09 - I asked why I had a letter dated after that period and funnily enough I have not had a reply.

Needless to say complaints have been made.

[Barclaydaav]

Lowells are only legends in their own minds.

 

They contacted me a couple of years ago concerning an old cap 1 account which was past the 6 years. One statute barred letter later and they closed the account.

 

Does Nigel Beavon still work there?

[Azuma]

i'm sending this off today, my local MP is my Fiancee's aunt, so i'm going to push her to take action haha, hope they get what they deserve!!

[badshah]

Similar story with lowells, they claim i made an attempted payment and therefore the debt is not SB. they have sent me a letter stating they will pass it on to their legal team within 7 days to being CCJ proceedings.

 

small problem thought, its been erased from my credit file as its over six years. if they do take CCJ action, can i fight back by showing my credit file and the fact that it no longer exists as the defaiult date is beyong six years?

[bigandyuk1]

Just ask them for proof of this Attempted payment The onus is on them to prove you owe anything and the CCJ is probs just a threat as usual with them..

[sam614]

Similar story with lowells, they claim i made an attempted payment and therefore the debt is not SB. they have sent me a letter stating they will pass it on to their legal team within 7 days to being CCJ proceedings.

this will be scary hamptons desks 3.

small problem thought, its been erased from my credit file as its over six years. if they do take CCJ action, can i fight back by showing my credit file and the fact that it no longer exists as the defaiult date is beyong six years?

 

do you have a thread on this.

SAM:pLOWELL DETESTER

[the_shadow]

Similar story with lowells, they claim i made an attempted payment and therefore the debt is not SB. they have sent me a letter stating they will pass it on to their legal team within 7 days to being CCJ proceedings.

 

small problem thought, its been erased from my credit file as its over six years. if they do take CCJ action, can i fight back by showing my credit file and the fact that it no longer exists as the defaiult date is beyong six years?

 

Its not for you to prove its stat barred, its for them to prove a payment or an acceptance of the debt within the 6 year period has been made. Once you have asked them to prove its not stat barred the ball is in their court so to speak

 

S.

[sam614]

wtf is a attempted payment.

 

have they seen you in the post office B4 you changed your mind about paying.

cretins.

 

SAM

[badshah]

do you have a thread on this.

SAM:pLOWELL DETESTER

 

yeah i got my own thread:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/198427-am-i-clear-lowell.html

 

but im not wasting my time as i am confident that it is SB. As someone stated, they have to prove that you paid not the other way round.

[badshah]

Its not for you to prove its stat barred, its for them to prove a payment or an acceptance of the debt within the 6 year period has been made. Once you have asked them to prove its not stat barred the ball is in their court so to speak

 

S.

 

sorry to the OP for hijacking this thread but our circumstances are very similar: Ref: ATTEMPTED PAYMENTS

 

Since i sent the SB letter, they replied with the Attempted payment therefore it is not SB. After that i have ignored them and will continue to do so (unless you guys recommend to do something?)

[the_shadow]

sorry to the OP for hijacking this thread but our circumstances are very similar: Ref: ATTEMPTED PAYMENTS

 

Since i sent the SB letter, they replied with the Attempted payment therefore it is not SB. After that i have ignored them and will continue to do so (unless you guys recommend to do something?)

 

thats not proof, thats a statement made in a letter. Proof is a paying in slip, a record of a direct debit, a receipt etc etc. A record of a declined direct debit or bounced cheque (possibly!) if they still assert of an attempted payment. Stand firm in my opinion until they provide tangible proof. Also worth reporting them to the OFT for going against debt collection guidelines.

 

S.

[xx.Morph.xx]

Further proof (as if it were needed) that the leeds loosers are totally incompetent.

 

Less than an hour ago postie delivers me a letter from Red Debt Collection Svcs advising they have been appointed by "their client" (yawn) Lowell Portfolio "to recover an outstanding balance owed to them after they purchased your original debt from Capital One on 01/06/2009"

 

Now considering I have been corresponding with them since March over this issue & put the account in dispute on 24/04/2009 after a failure to respond to a CCA request am I being psychic or is it that one of us can't even get the date they bought the debt right......

 

Morph