Long standing debt finally found my new adress

[Didji]

Hi,

 

I incurred a debt of about £500, back in early 2003. I was paying it back for a short time (over six years ago), but I haven't contacted them, or acknowlegded their letters at all during that time, because they haven't had a real address for me.

 

However, now, somehow, they've found my real address. I'll pay it, if I have to, but I'm just looking for advice on what traps not to fall in to.

 

Is there any chance that as soon as I contact them they'll say that in the 6 interim years, it's skyrocketed to £5000, or something ridiculous like that? Should I know anything about how to acknowledge their letter, or anything? Can I be cheeky, and offer them a penny a year for the rest of my life, or some such?

 

I'm just looking for some quick entry level information on what sort of things I should consider before I make that first response.

 

Thanks.

[vengeancedemon]

Have you made any payments or acknowledged the debt to anyone in the last six years?

 

If this is the case, it may well be Statute Barred and therefore has "dropped off" the records and I believe is then unenforceable

 

I expect an expert will be along to guide you and point you to a template letter that is uded for S-B

[Undercover-Elsa]

Hi Didji and welcome to CAG.

What did the letter from them say? Just a request to ring them, with no details?

If that's the case, it's just a fishing expedition, you're only making the assumption it's your old debt.

I personally would ignore such correspondence unless and until they send anything meaningful which indicates who you are dealing with, how much they allege you owe, and to whom.

 

Certainly NEVER ring them, and if they ring you, refuse to go through any security questions and politely tell them you will only communicate in writing.

 

It could well be a Statute Barred debt, but wait for now till THEY provide the info you need in order to respond.

 

In other words...

Don't tell 'em your name, Pike!!!

 

 

Elsa x

[Didji]

Thanks for the replies, guys.

 

I incurred the debt in early 2003, and I don't have detailed records for this anymore, but I'm sure I only made a few of the payments, back in late mid-late 2003, before I put my head in the sand (I was 19, at the time). I may have even made a payment in early 2004, but basically, it's got to be over 6 years.

 

What has happened in the interim is that my parents have received plenty of calls from various different companies (unless it's the same company, changing it's name) every couple of months, to which they've said a variety of different things. The whole gamut, ranging from "Me no speak English", to "I've never heard of him", to "He was lost at sea 2 years ago", and perhaps even the semi-truth, which is "That guy moved out a few years ago, we don't hear from him".

 

Could any such answers count as acknowledgement? Even if they don't come from me? Plenty of letters have been marked return to sender, though never so by me. And I haven't replied or responded to any of their communications for over 6 years.

 

The recent letter says this (sparring you the full text):

 

Reference number, Original Creditor, Outstanding Balance: £501 (minus £8.02, to hide it from search engines), my original address.

 

A blurb about how I should contact them to resolve the matter between them and their client, in order to avoid their client taking further action. The company is Lowell Financial, and the "client" is Lowell Portfolio I Ltd.

 

A request to pay in full, or contact them to agree a term. It then says "On contacting us you will also be given the opportunity to discuss how we can work together to find a solution to clear your outstanding balance." This seems a little weird to me, because is the figure above the outstanding balance, and wasn't the previous text about clearing it? It makes me wonder if the "client" is owed that balance, and the people who are writing the letter have a balance of fees they consider me to owe.

 

There's the usual thing about not making my situation worse, a phone number, and a paying slip.

 

I have the ability to contact them by email pretty well anonymously, but I would really rather not acknowledge my address at all, as I'd like as few people as possible (especially them) knowing where I live. I'm not sure how they got my address, I'm not even on the electoral roll. I guess perhaps my current bank gave it to them, though I would have thought this was a violation of data protection.

 

I also have the ability to contact them addresslessly (so to speak) by Skype, where I can also record the call.

 

My biggest short term concern is getting bailiffs at the door. Our flat is unlocked with the front door ajar quite a lot of the time. Is there any risk of this happening imminently, without further warning?

 

Any ideas on the best way to proceed?

[Seminole]

If you haven't made a payment or acknowledged the debt in writing yourself for a period of at least six years then the debt is statute barred.

 

In the templates section of the Library on this site you will find a template letter telling them that you believe it's statute barred. Send it to them and they should back off. If they don't report them to Trading Standards and the OFT.

 

Don't discuss this with them on the phone under any circumstances.

 

They can't send bailiffs to your door without getting a CCJ first and they simply can't do that. In the unlikely event that someone turns up from Lowells tell them to leave. If they cause any hassle then call the police.

[sam614]

lowlifes yet again with yet another statute barred debt.

 

would not even bother responding yet,see if they write again before you start ping ponging mail with these cretins.

 

first reponse from them would be the "attemped payment that you recently made,

[Didji]

Thanks again guys.

 

sam614: I don't understand this line: "first reponse from them would be the "attemped payment that you recently made," Could you rephrase?

[sam614]

you tell them it is SB

 

and they lie through their teeth with a phantom payment,

[Didji]

Ah right. How can I be sure it is a phantom payment, though?

 

Basically, if they're going to play that game with me, how can I be sure it's a game, without acknowledging the debt?

 

There's always the 1% chance that I have my dates mixed up. If I do, it won't be by much more than a year, in which case I won't have to stall for much longer (like a few months) until the 6 years is up.

 

Is there anyway I can enquirer, without resetting the clock?

[cerberusalert]

Send them the 'Prove It' letter; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt The onus is on them to prove a debt exists first.

[sam614]

that's why I say ignore.play for a little time so you know for sure that it is defo over 6yrs,they do try the oh no it's not,but also cases that they can disprove and produce proof of last payment.

 

98% of debts that lowell aquire are either SB or very close to it.

 

if they continue to write, would start with prove it.

then go for SB....anything to delay

 

you could check your CF see if there is anything showing,but that will alert all and sundry to your where abouts.

 

SAR to OC cost a tenner but should show last payment

 

how did you pay?do you have old statements?

 

depending on what the debt is a cca usually see's lowell off;)

[Didji]

Okay, they've sent me a new letter now. It's a "Statement of your account". It says "This notice is being given to you as required by the consumer credit act 1974 because you fell behind with your payments under this agreement with your original creditor." The period covered is 01/10/2008 to 30/04/2010, and there are no payments shown.

 

Does this change any of the advice above?

 

One thing I'm wondering is, how do they know it's me? Sure, they know my name, and that I live in roughly the same part of the country as where the debt was incurred, but how do they know it's the right me? I haven't got a very common name, but it's not uncommon either. Are they likely to know it's me (I'm not on the electoral roll) some how, or are they likely sending this stuff to everyone with my name?

[cerberusalert]

Does this change any of the advice above?

No, creditors are required by law to notify debtors of the state of their a/c now.

One thing I'm wondering is, how do they know it's me?

No doubt your credit file will show linked addresses.

[Old Cogger]

Phishing exercise from lowlife, must of bought up old debts which are statute barred hoping some are mug enough to part with monies, see if you hear from them again in the future.

[Undercover-Elsa]

Hard to know for sure whether they're still guessing or not.

As to how they've found you...Have you checked your credit record recently, or applied for any credit from that address? Also check on 192.com whether you are listed there.

Don't go checking your Credit record if you haven't already..it will open a whole can of worms..

[Didji]

I haven't applied for any credit, or checked my credit history. I was claiming JSA with this as a care of address about 3 years ago. My bank account is registered here. I've ordered various small items online from here. I have a few online poker accounts registered here. Other than that, that's it. I'm not on the electoral roll, I'm not registered for tax anywhere. I'm not employed. Nothing.

[cerberusalert]

Your bank will have notified the CRA of any change of address.

[Undercover-Elsa]

:-|

 

big brother

[cerberusalert]

:-|

 

big brother

 

Nah, that's DWP.

[Didji]

So my bank would have given my address to a credit ratings agency, even though I haven't applied for any credit with them? When they notified for change of address, would they have given the old address I changed from, as well? If not, they're still just fishing, right?

[cerberusalert]

They will have updated your credit file which contained your old address and linked the new address to it.

[Didji]

Once again, thanks to everyone for their help.

 

Is this an assumption, or are you sure? Isn't this a violation of data protection, on their behalf? I've asked for no credit from them.

[cerberusalert]

Isn't this a violation of data protection, on their behalf?

No, they are data controllers and all they are doing is updating information. A credit file is on you as a person not an address but contact details are always updated.

[dx100uk]

you need to keep to one thread

 

std phishing letter

 

ignore#

 

dx

[Didji]

(I originally posted this in a new thread, but I'm merging it with this one instead. I'm still trying to work out how to delete the superfluous ones).

 

I received a new letter from them last week, with he following text:

 

In previous letters sent to you it was made clear that unless an acceptable offer of repayment was made, we would take appropriate steps to recover the amount owing.

 

As you have failed to enter into a repayment plan we may instruct an agent in your area to visit your home to discuss repayment of your account. Unless you make contact with us within the next five days our agent will contact you with a view to arrange a visit Monday to Saturday between the hours of 8.00am - 9.00pm.

 

To prevent the above action taking place you MUST contact us URGENTLY so we can advise you accordingly.

 

Chances this is still phishing, and the debt is statute barred? Chances they will turn up at my door?

 

Any advice on the best way to proceed?

 

Somebody replied in the other thread saying to ignore it. At what point do I stop ignoring it?