Egg / Lowell - *** Lowell Bite The Dust Again - Debt Is Statute Barred - SUCCESS ***

[yoker]

Ok, found Lowells entries, they state the following information - Credit Card from Lowell Portfolio 1 Ltd (I) default date jan 2008 - last update 2009 - I have a letter from Lowell stating that they purchased the account on a specific date late 2009 - I have never had a credit agreement nor applied for a credit card with Lowell, the information on file is incorrect and I have the letters from the original creditor who I was in dispute with from 2007 till 2009 - any ideas what I should do ?

[BRIGADIER2JCS]

No YOKER, the credit card account has been bought by Lowell with all the rights, benefits and obligations of the original creditors agreement.

In short Lowell are now the owners and have updated the file with their details.

So there is nothing to do.

[yoker]

So I can still take the same stance as before that the original credit card company should not have sold the debt while it was in dispute, is that correct, the fact that Lowell have stated that they have purchased it earlier than documented doesn't matter? surely this help even more.

[BRIGADIER2JCS]

As was stated very early in this thread there I really no point in contesting the sale of a disputed debt as all the creditor has to state is in their opinion the is no longer any dispute. e.g. Their FINAL RESPONSE.

The dates are just confused I think, and if the default date is right that's what matters.

[yoker]

ok, so my next quest is, as no payments have been made and 6 years have passed from the original default date, is the debt Statute Barred

Regards

[Wooks001]

Default Jan 08 to now is only 5yrs 8 months.

Very close, so you need to buy time.

[yoker]

last payment was made August 07

[Wooks001]

Maybe but they have 6 months I think to apply the default.

HSBC waited 3 months in my case.

[ims21]

The SB date may also be affected by any correspondence you have had with them which could be seen to be a written acknowledgement of the debt.

[yoker]

Brig, please can you confirm the following :http://www.consumeractiongroup.co.uk/forum/showthread.php?387713-Statute-Barred

 

Below is my payment history ( all this crap due to payment protection )

 

[ims21]

Post 2 in that thread is correct.

 

However, the SB clock can be re-set of there is an acknowledgement of the debt in writing before a period of six years has elapsed (or 5 in Scotland)

[yoker]

The good news is that I have never acknowledge the debt in writing only ask for proof of the alleged debt (which has never been sent), Lowell have been trying to offer up to 50% off the alleged debt for a quick resolution

[ims21]

Ok so if you are sure that there have been no payments made in a clear six year period and no acknowledgement of the debt in writing for the same period, send them the Statute Barred letter from the CAG library here

 

http://www.consumeractiongroup.co.uk/forum/content.php?408-Letter-sent-when-debt-is-statute-barred

 

By doing that you put the onus squarely back with them to prove that it is not SB.

[yoker]

Thats great, I can confirm that I haven't made or offered any payments since August 2007 and any letters responded to were only ever asking them to prove the alleged debt, all correspondence from myself were never signed and without 'PREJUDICE' was always added for good measure.

[yoker]

Hi Guys,

 

Before I send out my Stat Barred letter, please can someone confirm that it is ok to do so, on time elapsed since last payment and payment received by original creditor, I have not acknowledged the debt in writing nor paid anything since september 2007, lowell are sending discount letters by the bucket full.

 

Regards

 

Yoker

[ims21]

I have not acknowledged the debt in writing nor paid anything since september 2007

 

Post #38 above.

[yoker]

I attached my credit history report, which showed last payment in sept 2007 and default jan 2008

[ims21]

I attached my credit history report, which showed last payment in sept 2007 and default jan 2008

 

Yes I know you did.....post #38 applies.

 

Last payment in Sept 2007 and no written acknowledgement in a clear six year period = send SB Letter.

[BRIGADIER2JCS]

Statute Barred = 6 clear years without any payment or written acknowledgment to ANY party by you or anyone acting for you.

[yoker]

UPDATE

 

Today Lowell finally gave up on me, two accounts completely cleared with them,

 

Nice letter say account is zero and closed due to statute barred.

 

Thank you to everyone who gave me the information to get them off my back.

 

Donation made to CAG

[BRIGADIER2JCS]

UPDATE

 

Today Lowell finally gave up on me, two accounts completely cleared with them,

 

Nice letter say account is zero and closed due to statute barred.

 

Thank you to everyone who gave me the information to get them off my back.

 

Donation made to CAG

 

 

Well done, don't you just love to see Lowell lose out!!!?

[yoker]

This has probably been the biggest weight lifted from my shoulders for some years, if they didn't act like bullies they would get more respect from people, I don't like the way they insinuate that you are a payment dodger, my issue came about because Egg PLC wouldn't honour payment protection after a serious knee injury which had me laid up for 12 months, any way here's to CAG and all those who help out

[ims21]

Good stuff yoker.

 

I'll amend your thread title accordingly

[Peterbard]

Excellent stuff

[havinastella]

Now you need to reclaim that ppi!