Help withl lowell

[cat26]

Hi hoping some one can help me on this . I been recieving letters of this company have not respsonded at all , Now today letter saying its gone to Red recovery etc , now i have looked to on Equifax and this is for a creaction card which i opened in 1998 am sure i not paid them a penny in about 6 yrs , its says date last delinquent 06 / 05 then then updated in 2007 ? when i not paid a penny ? now i am very slow and naive at these things so if any one can help .. these people did used to ring me few years ago and had to change my landline as i got a sick child and the phone was ringing 5 times a day , .. so if any one could show me how to start to sort this with them ,, i am a carer to a sick child so money is very tight many thanks ..

[coledog]

Personally, I would ignore them. This is close to being Statute Barred so they are taking a final punt at trying to get something back. If it is a credit card from 1998, there is probably no existing credit agreement or paperwork for them to take legal action.

[unclebulgaria67]

Hi

 

Lowells/Red/Hampton legal are the same. Same staff sending out the letters.

 

Just send them a CCA request, which will mean they will have to go back to the original creditor to obtain it. If they can't get hold of it, they might just throw in the towell.

[coledog]

A CCA request could rid of them permanently if you are happy to write to them? Up to you Cat.

[maroondevo52]

If no payment to or acknowledgement of this debt has been made in a period of 6 years it's statuet barred, it still exists and they can still chase you for it but cannot force you to pay it.

I'd wait a bit and see what they throw at you.

 

If your certain it's statute barred, you can send them a letter telling them this and that should be the end of the matter.

[theratboy]

If no payment to or acknowledgement of this debt has been made in a period of 6 years it's statuet barred, it still exists and they can still chase you for it but cannot force you to pay it.

I'd wait a bit and see what they throw at you.

 

If your certain it's statute barred, you can send them a letter telling them this and that should be the end of the matter.

 

Does that mean they can chase you for it until you inform them that it is statute barred and you won't be paying and once you have informed them of that they can't chase you any longer?

[maroondevo52]

Does that mean they can chase you for it until you inform them that it is statute barred and you won't be paying and once you have informed them of that they can't chase you any longer?

 

Yes.

 

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".

[Revenant]

I would guess that Lowell are getting desperate and are trying to rake in every penny they can

A while back they chased me via BCW but after three months with insufficient paper work BCW sent my file back and now (Even though the account is in dispute) they have set Meritforce and Mackhall on to me

Sit tight and follow the great advice/help you'll get

Good luck

R

[cat26]

ok guys.. i going to listen to you and sit tight and wait and see what they do .... then come back and ask for more help when or if they try again ? .. the card is dated to 1998 .. so as its an old adams card am hoping no paperwork exists ,,, what do you think guys ?............. many thanks as well guy ,, cat

[cat26]

Hi back again , got a nice letter from red debt collection today , saying they now have a copy of my credit file ? they are now passing my account to Hamiltons legal etc and may take more serious action if i dont pay , i can pay all of it with 30 % , of or £60 a month , now i dont have money to do either , i no this creation card was in 1998 , plus defaulted may 2005 .. i am a full time carer to a sick child plus not in great health myself i dont need these bullys on my back , so please please please what do i do now , i have not responded to any letters they have sent or called them nor am sure paid them anything fro most prob 6 yrs or very near that .. so any help guys on how to deal with this , many thanks again , cat xx

[Bazooka Boo]

You say the card was taken out in 1998, and you defaulted or stopped paying in May 2005? If this is the case then it won't be SB until May next year.

 

Or have I misunderstood you? For it to be SB there has to be a clear period of six years, (5 in Scotland) where there has been no activity or acknowledgement on the account, so if you haven't paid them anything since 2004 say, then this will be SB.

[debt4get]

send them the statute barred letter and see if they go away or come back with anything.....chances are you probably wont hear from them again

[coledog]

If they are offering reductions it is more than likely unenforceable - I would still ignore.

[cat26]

well all i am going on is dates on my credit file that i just looked at ...? so agreement took out 1998 .. this i agree with , but no way did i use i card till 2005 ? but that when the default was put on credit file ?ok coledog i will ignore but will be back to bother you when the next letter comes lol any one else with thoughts ? oh forgot i have 10 days only to accept there kind offer . lol many thanks again ........... cat x

[Guest]

If they are offering reductions it is more than likely unenforceable.......

 

imo

not necessarily. it seems standard practice for a dca to offer a 'discount' after a certain amount of 'unsuccessful' 'collection activity', regardless of whether there is an enforceable or not.

[Bazooka Boo]

When do you remember using the card AND paying something toward it?

It sounds like it is SB or very close to it, if it was Moorcr@p chasing you, then it will be definite SB. The offer of a reduced settlement IS indicative of a lack of paperwork and enforceability, otherwise they would have taken legal action a very long time ago to claim the full amount plus fees and interest, the fact that a DCA or OC offers a discount can be seen as their failure to have the necessary enforceable documents.

[cat26]

well , i will just wait till see what they do next . i think your most prob right that its sb or very near .Am, sure before the account was defaulted i had not paid in many months ... plus as its an old creation card . know i signed this is adams over 12 yrs ago am wondering would thay have any paper work as they have gone bust ?.. Thanlks cat x

[unclebulgaria67]

Adams would just have passed on your application details to whoever administered the card on their behalf. Adams would not have had the paperwork to store.

 

Just keep ignoring. Wait to SB'd and then tell them to get lost.

[Guest]

....The offer of a reduced settlement IS indicative of a lack of paperwork and enforceability, otherwise they would have taken legal action a very long time ago to claim the full amount plus fees and interest, yes, it could be seen as such in this case.. the fact that a DCA or OC offers a discount can be seen as their failure to have the necessary enforceable documents. ...but, in general, not necessarily.

 

imo

[Guest]

ps

just to add. in general, most dcas follow a set automated collection activity time line. starts off with the usual pay us in full or else. if no result it then goes to 'telephone activity'. if no result, the usual threatening 'template' letters follow as well as telephoning, and maybe a doorstepper, and so on. after some time, if no result, it eventually results in a template 'discount' offer letter near the 'end' of their 'activity'. if no result, then it may be legal action (if economically viable together with an enforceable), or back to o/c (if collecting), or ?

that's just the way it is. and they prob follow this auto activity regardless of whether or not it is enforceable, or whether or not it is in 'dispute'. if it is statute barred, then as maroondevo52 quotes, they should stop. yes, if they know for sure that it is not enforceable, and/or it is statute barred, then they prob won't go to court.

imo of course

Edited September 25, 2010 by Ford
typo

[cat26]

ok then i will just sit and wait for more letters then ? then come back when next letter arrives ... ...do you think they will have the signed agreement from me still after all this time ? many thanks again ... cat x

[sam614]

. ...do you think they will have the signed agreement from me still after all this time ? ... cat x

 

very,very doubtfull:-)

[cat26]

Ok here we go again !!! letter from lowells today , sending me Statement of my account ? what account never paid them a penny ! saying opening balance on of £428.32 1/10.2008 ? total payments received £0.00 fees and charges £ 0.00 , i looked on my credit file my account with creation was defaulted in 2005 , not paid a penny over 5 yrs so dont no what there going on about at all , also they have sent me a nice office of fair trading letter tell me who to contact about my debts etc . , this is a creation account 1st opened in 1998 , now do i carry on just blanking them or do i now send them a cca ? as i no i not paid this account in over 5 yrs and i no its very close to being S .B

[jimbo45]

Does that mean they can chase you for it until you inform them that it is statute barred and you won't be paying and once you have informed them of that they can't chase you any longer?

 

 

In theory you could be chased until the end of time itself but Statute Barred is a 100% defence against EVERYTHING ELSE.

 

You are NOT required to pay --although if you wanted to there is nothing to stop you from doing so.

 

I'd just tell them to Foxtrot Oscar, and ask them to confirm that the account is NOW CLOSED.

 

Cheers

jimbo

[coledog]

Ignore