DCA Contact me after 9 years about money stolen from my account!

[craigie09]

Hi Yanni,

 

Thank you for your explanation I agree that RBS havent a clue what they are doing.

This whole issue was caused by their incompetence in dealing with investigating the theft from my account.

 

I have a question, I was told in a letter from Lowells filth that they had bought the debt so it belongs to them now. Should I send them the SAR as I know for a fact that they will have no proof of this claim that they make about me making a payment in January 2005?

[Yanni]

Hi Yanni,

 

Thank you for your explanation I agree that RBS havent a clue what they are doing.

This whole issue was caused by their incompetence in dealing with investigating the theft from my account.

 

I have a question, I was told in a letter from Lowells filth that they had bought the debt so it belongs to them now. Should I send them the SAR as I know for a fact that they will have no proof of this claim that they make about me making a payment in January 2005?

 

I would tend to go to RBS in the first instance as they should hopefully still have some form of record but you never know - and I wouldn't bother with Lowells just now as the fact that they seem to be referring back to RBS to get the info on your alledged payment of Jan 2005 makes me belief that they may be trying it on - why don't they produce what evidence they have of the supposed payment to you direct?

 

These are only my thoughts on what you have written so don't treat them as "gospel".

 

Good Luck & keep at it.

[IdaInFife]

I wouldn't waste a tenner on them.

 

Dear Twats,

 

 

Thank you for your letter dated xx/xx/xx.

 

You have claimed that a payment was made on this alleged account on 10th January 2005.

 

I have checked all my financial records and cannot locate any payment made to yourselves or RBS. Please can you foward the following information:

 

1. How this payment was made: cheque/giro slip/ postal orders

2. Any reference numbers relating to the above

3. Any location as to to where this payment was made : bank/post office etc.

4. Please also provide any photcopies of any chaeque received etc.

 

 

I have already stated that if this alleged debt was owed by myself then this debt would be statuste barred.

 

I have clearly pointed to the fact that;

 

I would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 "If, after the appropriate date, an obligation to which this section applies has subsisted for a continuous period of 5 years:

 

(a) without any relevant claim having been made in relation to the obligation, and

(b) without the subsistence of the obligation having been relevantly acknowledged,

then as from the expiration of that period the obligation shall be extinguished:"

 

 

You have stated that an alleged payment was received onthis account on 10th January 2005 hwich is clearly more than 5 years ago but you still stiputale that this alleged debt is not staute barred. I have alreay stated:

 

 

The last acknowledgement of this alleged debt was made over five years ago. Unless you can provide evidence of payment or written contact from myself in the relevant period under Part 1 Section 6 of The Prescription and Limitation (Scotland) Act 1973 , I would respectfully suggest that you are no longer able to take any court action against myself to recover the alleged amount claimed.

 

Should you continue to pursue this account without providing this evidence I shall seek an interdict and damages accordingly. A formal complaint will also be made to Trading Standards along with a report to the OFT questioning your fitness to hold a consumer credit license.

 

 

Please now confirm in wiriting that the above alleged account is now closed and you or any assciated company will contact me regarding the above alleged account unless you can provide any documented proof that any payment was received in the last 5 years.

 

Please provide the above infomation within the next 14 days.

[craigie09]

Hi Ida, many thanks Im getting so tired of all of this and as usual your advice is spot on.

 

In the letter they said that the "Limitation Act 1980 section 5 is not applicable in your case"

 

Correct me if I am wrong but doesnt the Limitation act 1980 only apply to England?

[Yanni]

Hi Ida, many thanks Im getting so tired of all of this and as usual your advice is spot on.

 

In the letter they said that the "Limitation Act 1980 section 5 is not applicable in your case"

 

Correct me if I am wrong but doesnt the Limitation act 1980 only apply to England?

 

I will presume to reply for Ida - the the Act she(?) is referring to is the specific Act for Scotland where prescription and limitation over an obligation (in this instance a debt or alledged debt) is 5 years whereas In Engerland it's 6 years - link below to the Act - see Section 6, Paragraph 1.

 

http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1973/cukpga_19730052_en_2#pt1-pb2-l1g6

[sequenci]

it's 5 years in Scotland, send them this!

 

(Your home address)

______________________

______________________

Date __________________

 

To:

_____________________

________________________

 

‘Without Prejudice’

 

Dear Sir/Madam

 

Account No: _____________________________

 

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

 

I/we would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Prescription Section 6:

 

“If after an appropriate date, an obligation (an appropriate debt) has subsided for a continuous period of five years:

 

(a) without any relevant claim having been made in relation to the obligation, and

(b) without the subsistence of the obligation having been relevantly acknowledged;

 

then as from the expiration of that period the obligation shall be extinguished...”

 

I/we would also point out that the Office of Fair Trading (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 written acknowledgment/payment of this debt was made over five 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 me/us in the relevant period under Part 1 Section 6 of the above Act, I/we suggest that you are no longer able to take any court action against me/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”.

 

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

 

I/we look forward to your reply.

 

Yours faithfully

 

(Your signature)

[IdaInFife]

some monkey not been checking his banana tree for instructions lol

[craigie09]

Hi everyone, its taken a while but I got a result with this case. As I mentioned a few months ago I sent the template statute barred letter. They wrote a couple of times and I completely ignored their trash. Finally I got this letter through trying to scan it but not haveing great success. Hope it comes out ok.

[craigie09]

Darn, i can's seem to get this right,. I will just type what it says.

 

 

Dear Mr xxxxxxxxxx

 

Our Ref: xxxxxxxxxx

RE: Lowell Portfolio1 Ltd

 

We apoligise for the delay in responding to the query you raised with us.

We have been making every effort to contact the original client to resolve

this matter on your behalf.

 

After reveiwing the account and in light of the timescales it has taken to achieve

a satisfactory response, we are prepared to take a commercial view in relation

to this matter and as a gesture of goodwill and strictly without admission of liability

are prepared to close the account. We will ensure your credit file will be ammended to reflect this outcome, if indeed this is applicable to you.

 

We trust you will find this satisfactory and that this matter is now closed.

 

Yourse sincerely

 

xxxxxxxxx xxxxxxxxx

 

Customer Services

 

 

Anyone any idea what this means? Does it mean that they did contact the RBOS or did the RBOS not get back to them? I'm still kindda mad about this especially as they harrassed me for a year about it and lied through their back teeth by writing to me saying that it wasn't statute barred as I had made a payment into the account on 10thJ anuary 2005 which was a pack of lies as I had closed the account over 5 years before.

 

I was gonna write to them and make a formal complaint about this and demand an apology and if I didn't get it take it to trading standards. Is it worthwhile or a waste of time.

 

Can I do anything about them if they leave negative ratings on my credit file???????????????

 

The main thing is I wanted to thank you very very much for all your help, the suggestions you made really worked. It was well worth the long wait and fighting it something I might not have done on my own!

Edited December 1, 2010 by craigie09

[sequenci]

I think you should certainly complain. If they do place adverse information upon your credit file then we can help you get it rectified!

 

Best wishes,

 

Seq.

[craigie09]

Thanks seq, i am really mad about their lying and saying that I had put money into the account when I had shut the account years previously. I was also really angry that they were sending me threatening letters of a doorstep visit with a fake PO box number and Motherwell Postcode on the back to make me think that someone was local and just round the corner about to appear at my door at any moment. I know it was fake because ii put the postcode in the sat nave and took a drive out and it was an old run down industrial yard.

 

Its a complete disgrace that these people do this they are disgusting and I really dont want to let this go just with a letter saying that they had closed the account when there was none to close!

 

Ive never checked my credit record but will do so and see if they have put anything on it.

[Crazy Diamond]

Hi Craigie.

 

Here's some bad news: It's probably not the last you 'll be hearing about this non-debt.

Knowing Lowell's, they'll say one thing and do another (BTW, Lowell's is the same as Hampton and Red, check out the letters, you'll see both Hampton and Red are "trading styles" of Lowell's, just another way to try and intimidate you), what's most likely to happen is that they'll flog it to an even lower bottom-feeder, for example Scotscall.

 

Here's some good news: Don't even bother answering them. When the letters come, file them, have a chuckle and don't let it ruin your life. This debt is imaginary and statute-barred, which makes it rather difficult to collect on unless they can bully you into thinking you owe it. You know you don't, so you ignore them.

 

I know it may sound incredible if you're not used to this type of business model, but that is sadly how most DCAs function: by threats, lies, bullying etc, because that's often the only way they can ever get money out of people. Sad, but true.

 

You can always come back and let us know if another company tries it on, but you know how to fend them off now anyway!