Lowell and Redcats.....debt isn't mine! Help please!

[katpuss]

Hi,

 

Am on a CCCS DMP and paying all my debts with them so when a letter from Lowell's arrived out of the blue the alarm bells started ringing.

 

After speaking to Lowell on the phone (stupid I know) I got this information from them:

 

The account was opened with Redcats on 3rd September 2004

 

The account was opened at 10 Mickey Mouse Street on 3rd September 2004

 

There is currently £175.06 owed from catalogue orders

 

And my answers the above were:

 

I haven't ever opened an account with Redcats

 

I didn't move into 10 Mickey Mouse Street until 9th October 2004

 

Debt is now statute barred

 

Anyway they are now thretening legal action, bailiffs, court judgements etc etc etc.................

 

I spoke to the CCCS and they told me that as Lowell's couldn't provide the original CCA that the debt isn't enforceable.

 

Has anyone else had this kind of problem? Any advice on how to deal with this?

 

Thanks

Katpuss

[huggys boss]

I would send them the stat barred letter.

 

If they gave you that information over the phone, I am assuming that you had to answer security questions, so the account was probably yours.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred

[debt4get]

as above if the debt is statute barred then that is the end of it..lowlifes know this but are probably trying it on..by attempting to frighten you into paying send statute barred letter and tell em to go to hell..if they ring refuse to go through security and insist in writing only

Dear Sir/Madam

I do not acknowledge any debt with your company

Acc/Ref No xxxxxx

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