Lowell and SAV Credit Limited *** SUCCESS ***

[Bazooka Boo]

No the limitation act states that the clock starts from the date of the cause of action, or something like that?

 

In simple terms, the SB clock starts ticking from the day you fail to pay, and remains ticking until 6 years is reached, or you make a payment or written acknowledgment that you owe it, then it resets the clock.

[gust]

ok

 

so the agreement was 2004

 

lowel wrote to me first about this april 2009. and said that my SAV credit limited account has been sold to them.

 

I wrote and told lowell i didnt know who they are later in the year.

 

so does it sound like SAV credit are another DCA i have mysteriously never heard of?

 

very confusing.

 

anyways i wrote to robinson way and sent them a copy of the agreement scanned (signature made unscannable)

 

and told them the agreement doesnt conform to sections 60(1) and 61(1) etc and cannot be enforced.

 

 

hope this is the way forward.

 

now waiting for response.

[Bazooka Boo]

OK, So when did you stop paying toward this?

How much roughly is it?

[gust]

its about £650

 

i will have to hunt through old statements for a closed account to find out when i last payed.

 

cheers - will find that out when i get 5

[Bazooka Boo]

At least they can't threaten you with bankruptcy, need to find out the last payment date.

[gust]

how much can they declare you bankrupt for then?

[ims21]

£750 or above

 

Have you found out when you last made a payment on this account yet?

[gust]

getting there - been sifting old statements from a closed account. Need to double check on another acc and then i will know

 

ta

[gust]

 

Have you found out when you last made a payment on this account yet?

 

Late 2005 was last payment

[ims21]

SB then unless you have acknowledged the debt in writing since then

[gust]

thanks

 

Best to send to Lowell as they picked it up from SAV? or robinson way as they are the last lot to bug me about it

 

 

thanks

[ims21]

Whoever is currently chasing you for it

[gust]

thanks so just send this or add anything?

 

 

Dear Sir/Madam

 

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 myself 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

 

I 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.

[ims21]

Hi

 

I'd keep it simple like this (courtesy of Brig)

 

Formal Notification re Limitations Act 1980

 

I refer to the above mentioned account.

 

I have been checking my records and I have concluded that the aforementioned debt is now statute barred and I will not therefore make any payment or

offer of payment now or in the future.

 

The OFT Debt Collection Guidance states states 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

 

Yours faithfully

 

Send recorded.

 

It will up to them to prove it is not SB of they want to continue.

[gust]

thanks very much

 

Although i have delved deeper into this alleged debt - i have noticed the account number and card number is totally different from anything i recognise.

 

I sent a prove it letter ages ago as i never heard of SAV - i got sent back a crappy agreement with HFC/beneficial card agreement which had hand written account numbers on it and some lloyds banking group complement slip with a credit card number on it which i have never owned either! To be fair the agreement looks butchered anyways. shower of cack.

 

So really its highly unlikely i payed anything - maybe SAV changed details before they passed it on? who knows - I guess either way its over 6 years any way - so SB is the way to go right?

[ims21]

If you are sure it is SB then yes.

 

If they dispute it they will have to prove it.

[gust]

reply from robinson

 

they say - our client confirmed the agreement i recieved off them is sufficient to establish liability.

 

to update i sent prove it letter in 2009 and lowell sent me a copy of some agreement SIX months later. This agreement has no payment terms etc.

 

robinson also say they have no records of an on going dispute and a payment was made in 2008... So claiming NOT stat barred. My first letter from lowell was in 2009! I have checked my bank statements from the date they stated but obviously NOTHING was payed to them.

 

and now want my proposal for payment in 14 days

 

This is getting VERY annoying.

 

alledged debt with SAV credit - but the so called agreement is benny bank mastercard. Lowell suposedly obtained it from lloyds banking group as they stapled the complement slip from them to said "agreement" Thing is though i have an old statement from my old mastercard and the number is totally different to what they claim is mine....

 

What now? I have SAR'd HFC today for various info for a few things - I will have proof the card number isnt mine but SAR will take a while.

[Wooks001]

If they claim a payment was made ask for proof and if they can't provide it they will have to accept it's statue barred. It's not uncommon for DCA's to claim this.

I'd want details of the account and the amount, failing that I wouldn't bother to respond if you are sure.

They won't take it further not for an old debt they paid pence for.

[gust]

ok thats done - now waiting thanks

[gust]

OK so robinson way write back and all they can say is the information about "payment" in 2008 was from their client and did nothing to prove this. I asked amount, account etc. (i made no payment anyways)

 

they then say they are no longer instructed to deal with this matter and the "account" has been closed on our files and returned to the creditor.

 

I asked for a copy of their complaints procedures which in reply they say - please find enclosed - BUT didnt bother to include with the letter lol...

 

So RW are ducking out of this one it seems...

 

Back to Lowell. Lowell know damn well I never made any payment.

[Wooks001]

Well that's one gone anyway, it's just the way lowlife carry on their business.

From what I understand you have advised them it's statute barred, and like others have said it's up to them to prove it's different. Pain in the wotsit I know, but maybe they will give up.

[gust]

i told robinson way its stat barred - they say lowell told them a payment was made in 2008 - checked CRA files AND bank statements an no payment was ever made

 

clutching at ways to stop me stat barring so they can annoy me further and try to pressure me.

 

I will just wait and see what crock of XXXX lowell come up with now

[gust]

I am writing to lowell

 

should i use their PO box number , PO Box 172, Leeds LS11 9WS or would it be best to write to their registered office - enterprise house, 1 apex view, leeds LS11 9BH

 

thanks

[Wooks001]

It's all the same place, lowlife, red debt etc just use different box numbers.

There are templates for SB letters on the forum, better to quote the regs to them and send the letter recorded.

[gust]

Is that it? That's not an agreement. It's even a poor excuse for an application form. There is not one prescribed term on it - credit limit, interest rate and repayment schedule - and no Terms and Conditions. I take it you also didn't get any statements. Lowells can go and whistle. I would simply write to Lowells Complaints Department and tell them that as far as you are concerned the matter is finished and any further contact from them pursuing a non-debt will be reported to the OFT Consumer Credit Licence Fitness Department. Then I would ignore anything else they sent.

 

just looked back and missed this - no i didnt get any statements