Bryan Carter Solicitors re: Lowell Financial Limited

[jasonc488]

Hi All,

 

Just got a reply from red DEBT collection services today dated 08 Nov 2010 after sending my statute barred letter.

 

 

Thank you for your letter, concerning the above account.

 

Your account is not legally unenforceable under the Limitation Act 1980 on the basis that a

default notice was served on you by Capital One on 8th Oct 2007.

 

Section 5 of the Act mentioned says that following the date when a cause of action arose

for payment of the debt, any creditor such as Lowell Portfolio I Ltd has a period of six years

to enforce such a right to payment.

 

The date of the default notice is when the debt in this matter became due for payment in full

and the period from which Lowell Portfolio I Ltd has to enforce their right to payment in the

absence any payments or written acknowledgements being made by you in between this date.

 

We trust this clarifies the situation and look forward to receiving your payment proposals.

 

Yours sincerely.

 

Does anyone have any advice on this please.

 

Many Thanks in advance.

[DonkeyB]

Unbelievable b*ll*cks!

 

This is a straight lie.

 

Just google the act and look for yourself. It’s the last time an acknowledgement of the debt was made – not when the decided to default it.

[jasonc488]

Hi DonkeyB,

 

Any advice on what I should do next regarding this?

 

Many Thanks

[DonkeyB]

They are implying you made a payment or acknowledgement some time in 2007. Any chance?

 

Thought not...

 

The date when a default or DN was issued is irrelevant. This is NOT a cause of action – the wording of the act is clear. If it mattered, no creditor would ever issue a DN – it would keep a debt alive forever, and no SB! What matters is when YOU last acknowledged the debt – not when they did.

 

This needs a complaint of the nastiest order.

[jasonc488]

Hmm... What would happen if I just left it? Would they keep chasing?

 

DonkeyB,

 

Im not sure how to approach a complaint and am I complaining directly to red?

[DonkeyB]

Well, they have contravened the OFT’s guidance on debt collecting – they are in breach of 2.4(b):

 

False representation of authority and/or legal position

2.3 Those contacting debtors must not be deceitful by misrepresenting their authority and/or the correct legal position.

2.4 Examples of unfair practices are as follows:

b. falsely implying or stating that action can or will be taken when it legally cannot, for example, referring to bankruptcy or sequestration proceedings when the balance is too low to qualify for such proceedings or claiming a right of entry when no court order to this effect has been granted

 

Write back and tell them as much – and that the issuing of a default does not count as acknowledgment of debt. Demand their complaints procedure, and tell them you will be reporting them to the OFT and TS immediately (and do it!).

[jasonc488]

OK, I will do just that.

 

Many Thanks for your help. I really do appreciate it. I will post outcome when they reply back.

 

Many thanks again

[jasonc488]

Great News!!!

 

Thanks to everyone's help especially DonkeyB, I now have closure on the account.

 

Lowell wrote:

 

Your account is now closed.

We have today reviewed your overdue account.

 

We have discovered that section (5) of the limitation Act 1980 now applies to your account (this relates to the amount of time passing between now and the time you incurred the debt) and we will no longer be asking you for payment.

 

We will not send you anymore letters and we have now closed your account with Lowell.

 

Yours sincerely.

 

Thanks again DonkeyB and everyone else.

 

[DonkeyB]

Good! Now complain to the OFT - prima facie evidence of guideline breach. Stick it to them.

[paulwlton]

Make a complaint to the OFT and send Lowell a copy of same.

[DonkeyB]

"We have discovered..."

 

No, they were told. They can't blame Red for the deliberately misleading response, as Red IS Lowell.

 

Send copies of all the correspondence to the OFT. If they are trashing your credit rating, get onto that too.