Lowell-Red Debt. How many have been actually bankrupt??

[Lemmein]

Simple question.

 

How many people have actually been made bankrupt by Lowell/Red debt??

 

Very curious as a lot of the threads in CAG either end abruptly without the final result or they end in the debtor winning the case.

[havinastella]

None that I know of!

[harrassed senior]

You could always write and ask them, not sure anyone else would be counting?

 

You might find that threads end abruptly due to a 'clause' in any settlement reached, just a guess, but could be I suppose.

[Ubiquitious]

DCA's will only try bankruptcy if they know you have significant assets. Otherwise the cost to reward ratio is not worth it.

[Somebody Told Me]

I've not come across any.

Have you send them the usual prove it letters?

Also, do you know who the OC is and have you contacted them for proof of the debt?

[Lemmein]

No this is just a general question that popped in my head after reading through sooo many threads about Lowell and Red..

 

I will be requesting assistance about my situation in the next couple of weeks..

 

It does seem a little odd doesnt it? That with so many SD's, Threats, Letters and a (supposed) visits, not many at all (if any) have been made bankrupt? Surely it means something..

[debt4get]

yep lowells/reds, rarely have the correct paperwork to recover any debts via the courts..what tends to happen is they write/ring threaten..etc etc...once people find their way to cag they are given the advice which is normally accepted....after a few letters back and forth...lowlifes/reds go away and posters dont hear from them again..hence the end of thread

[creditcardmug]

None that im aware of, only a few of the dcas tend to do SDs, lowell not being one of them

[Somebody Told Me]

I suppose some of the reasons why some threads die off is that the poster doesn't follow up with the advice given and just continues along the same sort of lines that resulted in them coming to CAG in the first place and so their situation remains unresolved and spirals futher out of their control.

Or, they either forget or can't be bothered to update the forum.

[latics321]

hi my wife has been threatened with bankruptcy by lowell,it is over a debt that we genuinely cannot remember taking out .

so in may we sent a request for proof of this alleged debt, we didnt hear anything from them for a few weeks th en one day we got a creep knocking at our door and handing a bankruptcy petition to us as you can imagine we were somewhat angered by this .

when we contacted lowell and pointed out to them that we had no knowledge of this debt , they eventually agreed to have the bankruptcy petition dismissed .

two weeks ago we recieved a credit agreement through the post from lowell it contained one sheetb of paper which is not very legible but it does have my wifes name on it and is dated january 2002 this is the only evidence they have provided , we have aske for a statement of account and a deed of assignment but neither of these have been forthcoming , anyway we spoke to lowell yesreday and they have told us they intend to commence bankruptcy proceedings once again against my wife

IF ANYONE COULD ADVISE US ON WERE WE WE STAND IT WOULD BE VERY MUCH APPRECIATED

[Huff&Puff]

Stop talking to them on the phone, do everything in writing. The first thing you need to do is to get the SD set aside. Others who are more familiar with the procedure can best advise you on that, but you do only have a limited time, so you need to get the ball rolling.

[debt4get]

how long ago were you handed this stat demand?

also if this alleged debt is from 2002 then it is well and truly statute barred if you havent made a payment in the last 6 years nor acknowledged that the debt is yours

suggest you send this

Dear Sir/Madam

I do not acknowledge any debt with your company

Acc/Ref No

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 us 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 section 40 (1) of the Administration of Justice Act 1970”.

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

 

I look forward to your reply.

 

Yours faithfully

 

[Lemmein]

Did they get a CCJ for this debt first or they just went to the SD stage direct? A bit odd.

 

Are you a homeowner maybe and they smell equity??

[Guest Cartaphilus]

No James leaping in anywhere ... yet?

[latics321]

Hi thanks for your comments ,yes we are homeowners but like a lot of people our house is in negative equity so lowell wont get anything there,iam going to try to post a copy of the credit agreement so maybe someone can advise on its enforcability, regards , steve